Definitely Constitutional:
Religious Expression in Public Schools
Radio Commentary, WMVV 90.7 New Life FM, December 17, 2010
By Sue Ella Deadwyler
Good morning, Jim. Yes, we have a right to erect private religious displays in parks, town squares and other public places. Those displays are considered private religious speech and are fully protected by the Free Speech Clause of the U.S. Constitution. Even when a local government erects a manger scene, the Establishment Clause is not violated, if other religious symbols are allowed. As for changing the name of school breaks, schools are under no obligation to rename “Christmas vacation” winter break or change the history of Thanksgiving.
Research reveals that public education in the United States originated through the Northwest Ordinance of 1787 and was founded on the premise that religion, morality and knowledge are necessary for good government. Two years later, Congress passed a law to provide public lands and territories for schools to be set up in accord with the Northwest Ordinance. The law further stated that the happiness of mankind, schools and the means for learning would forever be encouraged in the name of God. That was the original reason public schools were established in the United States, but that’s not how they operate today.
Regardless of manufactured restrictions, it is constitutional for students to sing Christmas carols in school, though administrators may be too afraid of a lawsuit to let them do it. Public schools may teach the biblical origin of Christmas, as part of a study of art, history, civilization, ethics or comparative religion. In fact, former Secretary of Education Richard Riley made such a point clearly, when he said: “Public schools may not provide religious instruction, but they may teach about religion, including the Bible or other Scripture…. [They] may teach about religious holidays, including their religious aspects, and may celebrate the secular aspects of the holidays…. Teachers and administrators are prohibited from discouraging activity because of its religious content, and from soliciting or encouraging anti-religious activity.”
Religious messages on clothing are permitted if other messages are allowed. If a school dress code does not permit any words on any clothing, religious words would not be permitted, either. But if any words or symbols are allowed, religious words and symbols must be allowed, too.
Prayer around a flagpole or other religious activity before or after school is constitutional, if it’s student-initiated. If outside groups have access to school grounds, religious groups must have access and school personnel cannot encourage or discourage participation in religious groups or religious events. However, the role of religion must be included in the teaching of historical events, such as the Crusades and the Holocaust, in order to avoid a distortion of facts.
No, students do not lose their freedom of religion at the school bus stop or on a school bus or when they step onto school property, enter the school building or attend a school activity. Religious freedom is a constitutional right that’s precious to all of us, regardless of age, and we must not allow it to be hi-jacked! For Georgia Insight I’m Sue Ella Deadwyler, your Capitol correspondent.