This essay looks into two major problems namely, the lack of sufficient knowledge of the contents and the provisions of the First Amendment, and insufficient knowledge on individual and foreign religious beliefs and practices. The two deficiencies have led to increased religious rivalry, religious intolerance, religion-based crimes, and religion-based court battles. The First Amendment is clear on the freedom to exercise religious beliefs, but the lack of knowledge on the specifics of acceptable and unacceptable religious actions in schools, contributed to unconstitutional actions by schoolteachers and administrators, which ended up in conflict and court battles. Another problem is the Ambiguity of some parts of the First Amendment and the lacking of clear legal precedence on some actions or expression, contributed to court decisions that were not beyond reasonable doubt. The Lack of sufficient religious knowledge is the major cause of religious rivalry, increased religious intolerance, and religion-based hate crimes.
There is a need if the inclusion of First Amendment training in the teachers and school administrators training curriculum so that they are better equipped, in handling religious issues at public schools. There is also a need for increased basic studies on the religions that are available within a country, in schools or through government sponsored programs, to increase religious knowledge and in turn increase tolerance, and social cohesion. Individuals not only need sufficient knowledge about their religious beliefs but they need knowledge of the varying beliefs of the people they interact with as a way to promote religious tolerance and empathy.
The use of the middle ground argument approach is a unique way of analyzing two opposite sides, and using their characteristics to come up with a common solution. Through the application of this approach I have learnt of a workable method for solving conflicts and establishing compromise for sides that do not agree to an issue.
In this topic of religion in school, it was quite hard to identify the two major problems that are responsible for the religion-based problems that America faces. The study required an in-depth study of the sources, in search of the two major problems. The identification of the problems was a relief, and establishing the solution was easy. The use of middle ground argument provides a practical approach that is applicable in solving the religion based problems that America faces.
The American Forefathers hoped to avoid the mistake of the European Forefathers, of integrating the State with religion, which led to the loss of lives, loss of freedom, and religious oppression when they drafted the First Amendment (Davis 42). Despite the existence of the First Amendment, limited knowledge on the provisions and contents of the First Amendment, and limited knowledge on individual religion and other religions are two major factors that have negatively influenced for observance of the First Amendment Clauses as well as hindering the establishment of social togetherness, religious tolerance, and religious empathy.
Knowledge on First Amendment
The population’s lack of knowledge of the contents and provisions of the First Amendment Clauses often led to the breach of the clauses, which in turn led to conflicts and court battles. Haynes gives an example of a teacher who lost his job for decorating a classroom with religious symbols, and the Principal of Baltimore who organized for prayers at her school for divine intervention on matters of improving the district’s test scores (11). Another good example is the 1980 Stone v. Graham case, whereby it was determined that the display of the Ten Commandments in all public school rooms was unconstitutional in the State of Kentucky since it failed the Lemon test (Davis 35; Okun 27). These few cases confirm that the lack of knowledge or the ignorance towards the permissible and non-permissible religious actions in schools under the First Amendment, can lead to the violation of another individuals religious-freedom and also leads to conflict and court battles. While the doers of the actions might not have had ill intentions in their actions, their actions might have negatively affected the students who professed different religious beliefs. The limited knowledge of the contents of the First Amendment Clauses also led to a new form of problem, for the school administrators who were unsure of religious activities and expressions that are permissible and which ones are not (Kahan 11; CPE). Haynes confirms this point by pointing out that the fear of religious controversy, and the misunderstanding of Supreme Court rulings, led to the abolition of all religious expressions in schools by some administrators (11). This action did not go down well with the religious parents since they perceived the actions of the public school administrators, as unfriendly towards their beliefs (Haynes 11).The ambiguity of some of the provisions of the First Amendment, and instances of the unclear legal precedents for some actions is another problem in its execution. An example is the unnecessary suppression of student religious expression in 2011 whereby, parents challenged a Cresco, Penn. School District, for denying their child permission to give out invitations for a church Christmas party, Haynes comments that the decision was an outcome of misinformation or a misguided policy that deters student speech, which is unconstitutional (11). Another view of that same issue is that the decision was a constitutional since the child’s announcement would have advertised a particular church or religion in a public school. Haynes argues that the district’s decision was wrong since the First Amendment provides that students are free to express their faith so long as they do not interrupt the school session or infringe others rights (11). Another debatable case is the Dover Pennsylvania case, in which Judge Jones concluded that the Intelligence Design might be religious since it is not scientific (Davis 40). Judge Jones’ decision did not have enough evidence to prove that the Intelligence Design was religious.
Knowledge on Religion
The lack of basic religious knowledge on the beliefs of other individuals and religious organizations is one of the contributing factors to reduced tolerance and accommodation of varying beliefs. Haynes notes that some individuals have limited knowledge of their own beliefs (Haynes 9). The lack of knowledge of differing religious practices and beliefs excludes the feeling of empathy and the appreciation of other people’s differences. The lack of religious tolerance is the source of religious misunderstandings since the yester years, such as the mid -19th century religious rivalry that led to the burning of churches and killings, over the Bible version that was read in the morning (Haynes 11). In the recent times, the population is civil, but the lack of tolerance is evident in court cases, competition on influencing the school curriculum through school board majority, and religiously instigated hate crimes (Davis 34; Haynes 9). In 2011 a high school teacher in Capstrano, Calif., was accused by a student for denigrating religion in class, but the 9th U.S. Circuit Court of Appeal made a ruling in favor of the teacher because legal precedents that define teacher hostility to religion were lacking (Haynes 12). While The Establishment clause is against hostility towards religion and the advertisement of a particular religion in a public school classroom, the upsetting remarks made by the teacher, might have been the consequence of the teacher’s lack of knowledge of the student’s basic religious beliefs. Without such knowledge, the teacher would not have information on terminologies that are religiously offensive to that student and others. Another way to view to the case is through the religious teachings the student received, which might have had no compromise to terminology that is against his belief thereby increasing intolerance on the side of the student.
Middle Ground
In order for The First Amendment to be effective, efficient, and appreciated, there is a need for a solution that solves the First Amendment knowledge problem as well as the Religious knowledge problem. First, there is a need for a review of the First Amendment since it is the blueprint that should holds the guidelines on religious matters. The review should aim at removing ambiguity that would lead to questionable rulings. Another part of the solution is the set up of a forum that unifies religious leaders from varying belief systems, for uniting the religious leaders, and as a platform for seeking middle ground on religious matters. Religious groups and organizations should forward their interests to this forum for fair consideration. All religious leaders should also spread messages that encourage multi-belief social cohesion. There is also a need for increased religious studies in public schools with the intention of increasing religious tolerance among students by offering them a basic understanding of the various religions in the state or country and through government-sponsored programs that are all-belief-systems inclusive to avoid the violation of the Establishment Clause while increasing religious knowledge to the public. Most educational groups, religious organizations, and civil liberty groups advocate for the inclusion of the study of religion in the school curriculum. Currently there is the inclusion of the study of religion in the study of American and world History (Haynes 13). The training of teachers and school administrators should include First Amendment training, as a proactive measure that prepares them to handle religious-liberty issues in schools (Haynes 10). Haynes also adds that public schools belong to the public therefore the community should be educated and informed on the policies made, for it to enjoy its benefits and changes, and that, the community should be consulted when formulating policies that affect public schools (10).
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.
