Stephen D. Solomon

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Current Controversies:
In the Schools


Latest News
March 2008: Two families settled portions of a lawsuit against their school district in Delaware concerning Christian prayers in the schools. Read the story here.
April 2008: A federal court of appeals upheld the policy of the East Brunswick, NJ school district prohibiting a high school football coach from joining his players in prayers before games. Read the story here.




Forty-five years after the U.S. Supreme Court decided the Schempp case, school districts continue to sponsor various types of religious activities, many of them devotional in nature. These activities often cause conflict in their communities, and more and more of those conflicts end up in the courts. Below is a sampling of some recent conflicts around the country over state-sponsored religious activities in the public schools.


Why So Much Conflict Today Over Religion in the Schools?
From The New York Times (July 29, 2006): "We don't have data on the number of lawsuits, but anecdotally, people think it has never been so active—the degree to which these conflicts erupt in schools and the degree to which they are ligitated," said Tom Hutton, a staff lawyer at the National School Boards Association. More religion probably exists in schools now than in decades because of the role religious conservatives play in politics and the passage of certain education laws over the last 25 years, including the Equal Access Act in 1984, said Charles C. Haynes, senior scholar at the First Amendment Center, a research and education group. "There are communities largely of one faith, and despite all the court rulings and Supreme Court decisions, they continue to promote one faith," Mr. Haynes said. "They don't much care what the minority complains about. They're just convinced that what they are doing is good for kids and what America is all about."

Prayers In Schools
There are still school districts with organized student prayer, and there are still lawsuits to stop the prayers. Two families in Georgetown, DE sued the local school district (2006) over explicitly Christian prayers recited at school functions. An afterschool Bible club was promoted to students, and teachers sometimes evangelized. There are Jews, Muslims and Quakers in the town. The mother of one of the complaining families says kids called her son "Jew boy" and she was warned that the Ku Klux Klan was near by. As a result of harassment, the Jewish family moved out of town and the second family remains anonymous. The two families settled a portion of the lawsuit in March 2008. Read about the settlement here.
An earlier story from The New York Times.
An earlier story from the Daily Times Delmarva.

A school district in Missouri (2006) was ordered to stop organized prayer that included Christian prayer assemblies for elementary school students.

Prayers At Graduation
A school district in Texas is being sued (2007) to stop prayers at graduation. The school permits students to vote every year on whether to include prayers in the ceremony.

A school district in Nevada (2006) cut short a high school valedictorian's commencement speech after she made religious references.

A judge stopped a school district in Kentucky (2006) from including a prayer at graduation ceremonies.

A Nevada school district (2003) agreed to drop its policy of permitting prayers by students at graduation exercises.

Prayers with Student Athletes
Marcus Borden, the football coach for East Brunswick High School in New Jersey, had led his team in pre-game prayers for 23 years. After parents complained in 2005, the school district issued policy guidelines allowing students to pray on their own initiative but prohibiting school officials from initiating or leading the prayers. Borden sued the school district, arguing that he had a First Amendment right to bow his head and take a knee as his players prayed. On April 15, 2008, the federal Court of Appeals for the Third Circuit upheld the school district's policy, ruling that "a reasonable observer would conclude that Borden is showing not merely respect when he bows his head and takes a knee with his team and is instead endorsing religion." Read about it here. Read a prior story here.

Teaching of Creationism and Intelligent Design
In Kitzmiller v. Dover Area School District, a federal judge ruled (2005) that a school district in Pennsylvania violated the First Amendment by introducing the teaching of intelligent design into the biology curriculum. The National Center for Science Education makes available all documents related to the case. The York Daily Record covered the trial; search under "intelligent design." For a history of the controversy read Nicholas Matzke's article for the National Center for Science Education. The court's website also offers key documents.

In Selmon v. Cobb County, a school district in Georgia gave up its battle to place stickers in science textbooks saying that evolution is "a theory, not a fact." It settled out of court on December 19, 2006. The National Center for Science Education makes available key documents in the case.

In Hurst v. Newman, a school district in California was stopped (2006) from offering courses on intelligent design. The National Center for Science Education makes available key documents in the case.

In Kansas and Ohio, supporters of the teaching of evolution gained seats on their state school boards following extended conflict over the teaching of creationism and intelligent design.

A comprehensive report on state-by-state standards for teaching evolution was published in 2000 by Lawrence S. Lerner, a professor of astronomy and physics at California State University, for the Thomas Fordham Foundation.

Bible Courses
In Odessa, TX, eight parents filed suit (2007) against the local school board seeking to stop the teaching of a Bible course that they say promotes specific religious beliefs. The course uses the Protestant King James Bible as its textbook, and the plaintiffs claim that the course teaches religious lessons, and presents American history through the promotion of sectarian religious beliefs.

An Arkansas school district (2007) unanimously rejected a Bible course curriculum offered by a private group, the National Council on Bible Curriculum in Public Schools.

A school district in Michigan declined (2005) to add a Bible course, deciding that it was faith-based rather than objective.

Proselytizing in Class
A New Jersey student complained (2007) after his high school history teacher told students that only Christians go to heaven. The school district settled before a lawsuit was filed.

In Missouri, a history teacher showed a videotape advocating the Bible as historical truth and argued that evolution was a hoax. The district settled a lawsuit (2003) and agreed to prevent sectarian teachings (Welk v. Independence School District).

Jesus Costume in School
A parent of an elementary school student in Abington, PA sued the school district (2007) after a principal would not allow her son to wear a Jesus costume at a Halloween parade in the school. Abington is the same school district that was the defendant in the landmark prayer and Bible-reading case, Abington School District v. Schempp.

"In God We Trust" Posters in Classrooms
The American Family Association (AFA) is engaged in a campaign to place posters in public school classrooms that depict the American flag with the words "In God We Trust." An AFA statement reads: "It is our hope that this poster will be a reminder of the historical centrality of God in the life of our republic." Some states have laws permitting the display of such posters.

A federal appeals court upheld (2005) the display of the posters in public schools in North Carolina.

Ten Commandments in the Classroom
An Ohio school board was sued for permitting a ministerial group to place monuments of the Ten Commandment on school property. A federal appeals court upheld a lower court decision (2005) against the school district.

The U.S. Supreme Court let stand a federal appeals court decision (2000) to prohibit the posting of the Ten Commandments on the fence of a baseball field at a California public high school.

A school district in California (1999) backed down from its decision to post the Ten Commandments after it was sued.

A school district in Kentucky (1999) allowed volunteers to post copies of the Ten Commandments in classrooms.

Religious Materials in Class
An elementary school teacher in California filed suit (2005) after he was forbidden from handing out religious materials in the classroom.

Distribution of Bibles
A school district in Louisiana was sued (2007) over distribution of Bibles to middle school students.

A school district in Missouri was sued (2006) over distribution of Bibles to students.

Public Religious Charter Schools
A new charter school (2007) that teaches Jewish culture and the Hebrew language is raising concerns in Florida over the teaching of religion in the public schools. "There are unanswered questions as to how the subject matter of Jewish culture can be taught without also teaching the Jewish religion," said Eric Stillman, head of the Jewish Federation of Broward County.

Religious Paintings
A school district in West Virginia was sued by several parents over the display of a painting of Jesus outside the principal's office. The district agreed not to hang a similar display in the future.

A federal court order upheld the decision of a school district in Florida (2005) to remove murals with religious themes painted on construction barriers at a school. A student had been given permission to paint murals that were not offensive or profane.

Religious Music
A school district in New Jersey was sued (2006) after it placed restrictions on the playing of religious music.

A student sued a school district in Washington State (2006) after her wind ensemble was forbidden from playing "Ave Maria" at graduation.

Admission to Public Universities
An association of Christian schools sued the University of California (2006) after the university rejected high school credits earned in courses using sectarian textbooks. The courses did not meet admission standards, according to the university.
Report from the First Amendment Center
Report from USA Today













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