G5 | Your Legal Rights at School.
by: Matt Baker
"If a state institution, such as a public school, prohibited religious speech or activities, then it would demonstrate not neutrality but hostility toward religion."
-U.S Supreme Court ruling in Westside Community Schools v. Mergens, 496 U.S. 226 (1990)
1. A brief history of the Christian faith on the public school campus.
a. We were a Christian nation, now we're not...and we're not going back anytime before you graduate.
b. Therefore, it's important that you know your rights as a Christian because it's unlikely that your teachers, administrators, and coaches will know or contend for those rights.
c. BIG IDEA: There have been numerous attempts to build bigger the wall of separation between church and state. When students don't know there rights they don't contend for their rights, and the next generation looses more of their religious freedoms and that wall of separation gets BIGGER!
2. The First Amendment.
a. Do you know it?
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
b. Two parts of interest:
1) It prevents the establishment of religion by state.
2) It promises individual Americans have the right to free exercise of religion.
c. Therefore, these rights exist not just privately in your own home but at and on state institutions like your school.
d. Furthermore, your school cannot promote religious faith but it cannot deny your freedom of religion or punish or penalize you for doing expressing your beliefs. Doing that would demonstrate hostility toward people of faith and make atheism a state religion.
The Fine Print and some Cautionary Statements before getting to Your Rights:
1) Public schoolteachers and school district official are not typically lawyers. Usually, event the school board attorney is not an expert in First Amendment rights. By calling attention to the correct legal principles involved, parents of public school children should be enabled to gain their objectives without resorting to litigation. In other words, you don't have to threaten or bring about a lawsuit for rights you already have been given. If there's conflict on any of this, simply drawing attention to your rights ought to be enough to be able to do any of the following. If not, seek legal advice. The Alliance Defending Freedom is a great place to start.
2) Because some of the law in this area is so recent, some public schools have not yet caught up. In many cases, public school teachers and administrators would like to permit more religious expression in public schools if they only knew that the most recent Supreme Court cases allow it.
3) The rights of public school students and their parents may only be limited by the school's need to maintain order, to avoid coercion, and to enforce nondiscriminatory pedagogical restrictions on student activities.
In other words: Exercise your rights orderly, relationally, lovingly, and in a way that brings glory to Jesus.
3. Your Rights at School.
1) Students have the right to meet together for prayer, bible study, and worship.
2) Students have the right to identify their religious beliefs through wearing clothing with religious messages and symbols.
3) Students have the right to talk about and express their religious beliefs on the school campus.
4) Students have the right to distribute and share religious tracts or more importantly church invite flyers, cards, etc. and other kinds of literature on the school campus during non-instructional time.
5) Students have the right to voluntarily pray on campus. They may do so alone or with others if doing so does not disrupt school activities or is not forced upon others.
6) Students have the right to carry a bible or other religious literature with them on the school campus. Students may read their Bible, etc. during non-instructional time.
7) Students have the right to prepare school assignments, research papers, speeches, and projects from a religious perspective and/or with a religious theme.
8) Students have the right to be exempt from activities and class content that contradict their religious beliefs. The school, however, may require that, during such activities, the student participate in alternate relevant activities.
9) Students have the right to observe, celebrate or study religious holidays on campus.
10) Students have the right to meet with and petition school officials.
11) Students have the right to organize religious clubs.
12) Students have the right to live according to their religious beliefs while on campus.
a. We were a Christian nation, now we're not...and we're not going back anytime before you graduate.
b. Therefore, it's important that you know your rights as a Christian because it's unlikely that your teachers, administrators, and coaches will know or contend for those rights.
c. BIG IDEA: There have been numerous attempts to build bigger the wall of separation between church and state. When students don't know there rights they don't contend for their rights, and the next generation looses more of their religious freedoms and that wall of separation gets BIGGER!
2. The First Amendment.
a. Do you know it?
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
b. Two parts of interest:
1) It prevents the establishment of religion by state.
2) It promises individual Americans have the right to free exercise of religion.
c. Therefore, these rights exist not just privately in your own home but at and on state institutions like your school.
d. Furthermore, your school cannot promote religious faith but it cannot deny your freedom of religion or punish or penalize you for doing expressing your beliefs. Doing that would demonstrate hostility toward people of faith and make atheism a state religion.
The Fine Print and some Cautionary Statements before getting to Your Rights:
1) Public schoolteachers and school district official are not typically lawyers. Usually, event the school board attorney is not an expert in First Amendment rights. By calling attention to the correct legal principles involved, parents of public school children should be enabled to gain their objectives without resorting to litigation. In other words, you don't have to threaten or bring about a lawsuit for rights you already have been given. If there's conflict on any of this, simply drawing attention to your rights ought to be enough to be able to do any of the following. If not, seek legal advice. The Alliance Defending Freedom is a great place to start.
2) Because some of the law in this area is so recent, some public schools have not yet caught up. In many cases, public school teachers and administrators would like to permit more religious expression in public schools if they only knew that the most recent Supreme Court cases allow it.
3) The rights of public school students and their parents may only be limited by the school's need to maintain order, to avoid coercion, and to enforce nondiscriminatory pedagogical restrictions on student activities.
In other words: Exercise your rights orderly, relationally, lovingly, and in a way that brings glory to Jesus.
3. Your Rights at School.
1) Students have the right to meet together for prayer, bible study, and worship.
2) Students have the right to identify their religious beliefs through wearing clothing with religious messages and symbols.
3) Students have the right to talk about and express their religious beliefs on the school campus.
4) Students have the right to distribute and share religious tracts or more importantly church invite flyers, cards, etc. and other kinds of literature on the school campus during non-instructional time.
5) Students have the right to voluntarily pray on campus. They may do so alone or with others if doing so does not disrupt school activities or is not forced upon others.
6) Students have the right to carry a bible or other religious literature with them on the school campus. Students may read their Bible, etc. during non-instructional time.
7) Students have the right to prepare school assignments, research papers, speeches, and projects from a religious perspective and/or with a religious theme.
8) Students have the right to be exempt from activities and class content that contradict their religious beliefs. The school, however, may require that, during such activities, the student participate in alternate relevant activities.
9) Students have the right to observe, celebrate or study religious holidays on campus.
10) Students have the right to meet with and petition school officials.
11) Students have the right to organize religious clubs.
12) Students have the right to live according to their religious beliefs while on campus.
Additional Resources:
1. Know Your Rights as Christian in a Public School, Joe Carter: The Gospel Coalition.
2. Students Don't Have to Leave Their Faith at Home, ADFLegal.org
3. Students Religious Rights at Public Schools, Christian-Attorney.net
1. Know Your Rights as Christian in a Public School, Joe Carter: The Gospel Coalition.
2. Students Don't Have to Leave Their Faith at Home, ADFLegal.org
3. Students Religious Rights at Public Schools, Christian-Attorney.net