My essay looks into the intention of the implementation of the First Amendments Clauses regarding religious matters, the actual implementation, and the impacts of the implementation. I analyzed the pros and cons of the First Amendments Clauses implementation, and came up with a recommendation.
The intention of the first Amendment clauses was to have a multi-religious society that accommodates divergent belief systems and one that has a distinct separation between the government and religion to avoid favors on religious lines and coercion. In the process of the research, I have learnt that the implementation of the First Amendment Clauses is like a double-edged sword, there are advantages such as the elimination of coerced religious practices, which infringe on the religious beliefs of people who differ, and the absolute separation between the government and religion.
On the other hand, the implementation of the First Amendment Clauses led to the withdrawal of children from public schools, which resulted to an increase in homeschooling, and the formation of creation-theory-based groups that marked a new turn in social divisions. Creation-theory-based groups include the Anti-Evolutionists and the Pro-Evolutionists among others. These groups have formed new political voting blocs, which they fight to have their interests represented in the State school boards by taking on the advantage of the board’s majority composition and the exercise of democracy whereby the majority’s interests go through.
I enjoyed going through the historical implementation of the First Amendment Clauses and appreciated the approaches used, and learnt of the consequences of the decisions made. I went through most of the court cases that show the trail of the implementations of the First Amendment Clauses, but I did not succeed in analyzing all of them.
The subject of religion in school is very important to this society since all human beings have their beliefs about their origin, their creator, or lack of such beliefs. It is important for the society to find a common ground or a solution that would make it rise above differences in beliefs in order to enhance social cohesion and tolerance to different views.
The First Amendment Clauses were drafted with the intention of enhancing the social togetherness of a society that exercises freedom of worship. With time the society and the population’s demographics do change, therefore there is a need to revise and review some ideas that might seem not to be working or obsolete due to the changes taking place.
As the American Forefathers formulated the constitution, they had a vision of a future American population that would be able to exercise their freedom of worship without undue interference or victimization from an individual(s) who held a different belief system. The First Amendment Clauses have their role in unifying the country and encouraging tolerance by ensuring that the government is not involved in religion and that its citizens can freely practice the freedom of worship without imposing their ideologies on others. Although the First Amendment spells out the limits between the state and religious involvement clearly, some violations ignorantly took place that led to the discomfort of some citizens. The cause of dissatisfaction among some citizens was the feeling that their children were forced to follow foreign belief-system practices, and that some practices that took place in public schools were not in line with the Clauses of the First Amendment.
Success in Implementation
Davis explains that the violation of the First Amendment’s Establishment Clause led to the 1948, McCollum v School Board case whereby the weekly invitation of a religious leader to perform religious duties was found unconstitutional and prohibited (34). Another successful implementation was in the 1962 Engel v Vitale case, which led to the New York Board of Regent’s recommendation of the recitation of a non-sectarian prayer that would not advertise a specific religion, in every public school (34). Another success was in the 1963 Abington School District v Schempp case, whereby education that promoted a specific religion was prohibited (Kahan 11). In the 1980 Stone v. Graham case, there was decision terming the display of the Ten Commandments in all public school rooms as unconstitutional in the State of Kentucky since it failed the Lemon test (Davis 35). Any activity or action that is in favor of a certain religion fails the Lemon test regardless of the financier of the activity. The Lemon test is a benchmark that the courts used in assessing the compliance of certain actions with the intention separation of the state from religion. For an action to pass the Lemon test, the government action should (a) have a secular legislative motive, (b) not promote or demote religion, and (c) not have excessive involvement with religion (Okun 27). The mentioned cases reveal some of the religiously instigated discomforts that the Forefathers hoped to contain through the First Amendment’s Clauses. It was wise for them to have formed a clear divide between the government and the religion, to avoid the favor a specific religion in a multi-religious state, and to protect the citizens from coerced adherence to religious practices they did not stand for, as well as to enhance social cohesion (Okun 26). The American Forefathers hoped to avoid the mistakes of the European Forefathers, of integrating the State with religion, which led to the loss of lives, loss of freedom, and religious oppression (Davis 42).
Shortcomings in Implementation
Some of the decisions passed with the intension of ensuring separation are debatable, for instance in the Dover Pennsylvania case, Judge Jones concluded that the Intelligence Design might be religious since it is not scientific (Davis 40). Judge Jones’ decision did not have adequate evidence to prove that the Intelligence Design had an inclination to religion. The other shortcomings that arose as the result of strict separation include the formation of creation-theory-based groups, some in support of religiously based creation theories, and others in support of scientifically based creation theories. Such groups include the Religious Right group, which had interest in school prayer amendment among other interests (Davis 45). Other creation-theory-based groups include the Pro-Evolutionists and the Anti-Evolutionists who have been staging various political competitions due to their differences in their theories of creation. Davis points out that in 2004, the Kansas State Board of Education created a 25-member committee to determine the public school science standards (50). The Anti-Evolutionists were 8 while Pro-Evolutionists were 17 (50). The Pro-Evolutionists were in support of the traditional study of science, while Anti-Evolutionists wanted evolutionary standards limited (50). The Pro-Evolutionists had their way since they were the majority (50). The emergence of creation-theory-based groups led to a change in the political landscape, which was characteristic of creation-theory-based group voter blocs that were ready to support political leaders who empathized with their belief interests, without regard for other important public issues (Davis 45).
The strict control of religious matters in public schools led to the increase in home schooling. The parents who opted for homeschooling were interested in molding their children morally and religiously, features that they felt the public schools lacked. The National Center for Education statistics found out that in 2007there was a 74% increase in homeschooling compared to 1999, the restriction of religion in public school was the major cause (Davis 46, 47). Homeschooling denies the homeschooled children the chance to accommodate varying religious beliefs as well as tolerating to the difference (Davis 47). While the restriction of religion in public schools protected some students from religious coercion, other students that previously expressed their faith and religious practices freely and openly, felt alienated and many religious people felt that public education was harsh towards their faith(s) (Haynes 11).
Conclusion and Recommendation
The attempts to adhere to the First Amendment Clauses assisted in the elimination of the imposition of foreign beliefs on children in public schools. On the other hand, new challenges emerged such as the increase in the rate of home schooling as well as the formation of new groupings that divide the citizens along the lines of religion and science. The theory of separating government from religion does not guarantee religious tolerance since some intolerance crimes fueled by Islamophobia [sic] and Anti-Semitism are still a thorn in the flesh (Haynes 9). In addition to this division, there is political competition for state school boards composition and positions, with the intention to influence the state’s educational system among other agendas. The decisions made by the board are followed by the state, but these decisions might impose the ideologies of the majority over the ideologies of the minority, which is a failure in protecting the minority’s belief system and their interests as is intended in the First Amendment Clauses. As human beings, we all have belief systems, which have their differences and their similarities and they play the part of forming character, morals, and culture (Haynes 9). The state should be separate from religion, but for the purposes of social unity, new measures should be adopted that embrace all belief systems to avoid conflicts. The government should initiate belief systems exchange programs. The programs should have a structure that constitutes all religions. The belief systems exchange programs should educate the children and the public on the basics of each belief system whether scientific or religious without bias. This initiative will help in enhancing tolerance to foreign ideas and end the competition of various groupings seeking to have their interests met by use of majority politics.
Works Cited
CPE. Religion and Public Schools. The Center for Public Education. Text
Davis, Micheal J. Religion, Democracy, and Public Schools. Journal of Law and Religion. Text
Haynes, Charles C. Getting religion right in public schools. Kappan Magazine. Text
Kahan, David. Religious Boundaries in Public School Physical-Activity Settings. Ed. Sawyer Thomas H. Journal of Physical Education, Recreation & Dance.(2003).Text
Okun, Susan K. Religion in Public Schools: What Does the First Amendment Allow?(1996). Text
Annotated Bibliography
CPE. Religion and Public Schools. The Center for Public Education. Text
The CPE article analyzes the implementation of the First Amendment Clauses in public schools, the strong points of the clauses as well as the weaknesses. The article keenly explains on the interpretations of the Establishment Clause and the Free Exercise Clause, and critically looks at the use of the Lemon test to ensure adherence to the Establishment Clause.
Davis, Micheal J. Religion, Democracy, and Public Schools. Journal of Law and Religion. Text
Davis’ article critically looks at the rationale of the various Supreme Court decisions as interpretations of the First Amendment’s Clauses, and the effects of those decisions to public school operations, and the reactions of the America citizens. Davis article addresses the chronological events that occurred since religion in school cases began, to a period whereby there is a rise of Creation-theory-based groups.
Haynes, Charles C. Getting religion right in public schools. Kappan Magazine. Text
Haynes’ article advocates for the search of common ground, to reduce the conflicts caused by belief system differences whereby, the religious groups should meet and square out their differences and make agreements on how to enhance tolerance. He gets to the conclusion of seeking common ground because of the negativity in the society caused by lack of tolerance and increased separation.
Kahan, David. Religious Boundaries in Public School Physical-Activity Settings. Ed. Sawyer Thomas H. Journal of Physical Education, Recreation & Dance.(2003).Text
Kahan’s article scrutinizes the various measures taken to adhere to First Amendment’s Clauses, as well as the various measures and considerations to avoid the breach the First Amendment’s Clauses. Kahan gives examples of both actions that are in breach and actions that are secular and acceptable in public schools.
Okun, Susan K. Religion in Public Schools: What Does the First Amendment Allow?(1996). Text
Okun’s article addresses the various attempts that the government used to ensure the Establishment clause is followed and the consequences and impacts of those decisions. Okun also goes through the Lemon test, illustrating how the court tests whether a government action is constitutional or not, based on religious matters .She also points out the possible misunderstanding of the Establishment Clause.
