A Constitutional Framework for Addressing Religious Viewpoints in Public School Classrooms
Edward Correia’s issue brief via the American Constitution Society:
This article explores the proper constitutional standard to apply to teaching, or at least acknowledging, religious viewpoints in the public school classroom. It suggests an approach consistent with Establishment Clause jurisprudence that also advances the important goals of furthering public tolerance and respect for alternative viewpoints. In particular, it suggests distinguishing among three kinds of public classroom activities — acknowledging religious beliefs, explaining religious beliefs and endorsing religious beliefs. The first two can be reconciled with the Establishment Clause under some circumstances. The third cannot. Defining these activities and developing a framework to clarify when they are permissible can help us further the goals of tolerance and respect.
Throughout much of this article, I illustrate the discussion with an example that will be familiar to many – teaching evolution in the face of many Christian religious conservatives’ preference that their children be taught the Biblical account of creation. I argue that, as a general matter, progressives should prefer an approach to this conflict that is consistent with bedrock constitutional principles but at the same time reflects a tolerance and respect for individual beliefs. For example, the widespread adoption of a moment of silence at the beginning of the day, during which students can pray if they wish, may prove a workable long-term compromise to the issue of school prayer. The acknowledgment of the legitimacy of voluntary silent prayer in schools – without the endorsement of it – has to a large extent defused at least the overt political battle over prayer in schools. This is a result that progressives and conservatives alike should applaud.