Separation of Church and State Laws?
Where can I find the actual laws for the separation of church and state? Do these laws prohibit teachers from talking about Creation when we're learning about evolution in school? Are we, the students, allowed to talk about Creation in class? Please give as much info as possible on this topic. Thanks so much for your help!!!
- 1 decade agoBest Answer
You might want to look at the United States Supreme Court cases of Reynolds v. United States, 98 U.S. 145 (1848); Engle v. Vitale 370 U.S. 421 (1962) (outlawing school prayer) and Everson v. Board of Education, 330 U.S. 1 (1947).Source(s): 20+ years legal experience, and Gunther, Cases and Materials on Constitutional Law.
- Barry CLv 71 decade ago
> Where can I find the actual laws for the separation of church and state?
In the first amendment. That is all there is.
> Do these laws prohibit teachers from talking about Creation when we're learning about evolution in school?
Depends on the type of school. Non-public, then not prohibited. Public, probably falls under the Establishment clause and is very risky at best.
> Are we, the students, allowed to talk about Creation in class?
Same as above. Generally no.
I am sure google will give you a miliion detailed pages to read about this, so don't stay here too long.
- evilattorneyLv 71 decade ago
The first amendment bars the establishment of a state religion. This has been interpreted down through the years by the US Supreme
Court as a wall of separation between church and state. From time to time, school districts try to allow the teaching of creationism or intelligent design as science. As far as I know, the courts have always shot it down as these are religious beliefs and not science.
If your public school teacher is actually "teaching" creationism, the principal and the school board should be notified. If creationism is mentioned as a theory certain people hold, that's probably fine. A drawn out discussion about creationism - that could be treading on very thin ice. In a law class, it's probably ok. In a science class, it could be very not ok.Source(s): 20+ years practicing law
- 1 decade ago
Well, you as a student can definitely talk about creation to other students as a form of conversation, no doubt about that. As far as teachers go, they are NOT allowed to teach "Creation" because it focuses mainly on the Christian God and thus it fails the lemon test. On the flip side, they could teach intelligent design because it does not advance any particular religion, but I'm not sure that it is completely legal to do so just yet. I don't see why it would be illegal because intelligent design does not advance any particular religion. Having a very pro-democratic government in power will mean that they will most likely side with the atheist portion.Source(s): The "Lemon Test"
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- Anonymous1 decade ago
There actually is nothing in the Constitution that specifically requires separation of Church and State.