Vol. 8, No. 3, Pg. 14. Religion and Public Schools.

• Author: By the Hon. Richard W. Riley

South Carolina Lawyer

1996.

Vol. 8, No. 3, Pg. 14.

Religion and Public Schools

14RELIGION AND PUBLIC SCHOOLSBy the Hon. Richard W. RileyFew legal issues stir emotions and cause as much confusion as the role of religion in public schools. Both lawyers and school administrators have had difficulty when faced with the variety of issues that arise in the public school setting in this area. In many instances in recent times, school administrators have chosen unnecessarily and inappropriately to keep religion completely out of public schools.

In a July 12, 1995 speech on religious liberty in America, President Clinton stated that "the First Amendment does not require students to leave their religion at the schoolhouse door." In the President's succinct words, the First Amendment, "does not convert our schools into religion-free zones." Nevertheless, recognizing the controversial and confusing nature of issues relating to religion in the public schools, the President instructed me as the Secretary of Education to consult with the Attorney General and issue a statement of principles concerning religious expression and activities in public schools.

At the President's behest, in August 1995, I issued and sent to every school superintendent in the country, a statement of principles entitled Religious Expression in Public Schools. These principles were developed with input from many diverse groups representing the entire political spectrum and reflect a developing consensus on many key issues.

The principles are derived mainly from the First Amendment. They recognize "two basic and equally important obligations on public school officials in their dealings with religion." The first obligation is that "schools may not forbid students acting on their own from expressing their personal religious views or beliefs solely because they are of a religious nature."

Second, "[a]t the same time, schools may not endorse religious activity or doctrine, nor may they coerce participation in religious activity." The basic point is neutrality. In the context of personal student expression or activities, religion should not be singled out for special limitations-it should be treated the same as other comparable expression or activity in the school. A few examples will illustrate these points.

STUDENT PRAYER AND RELIGIOUS DISCUSSION

One of the recurring issues regarding religion in public schools concerns student prayer and religious discussion. Although the Supreme Court specifically prohibited state-sponsored classroom prayer over 30 years ago in Engel v. Vitale, 370 U.S. 421 (1962), there is no prohibition against purely private religious speech by students. The Supreme Court has recognized that "there is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing...