Hi, im searching for some constitutional bill or rights or just rights,?
, Now i have nothing against prayer or religion in schools , but its not right for an vice principal to tell my daughter that she has satan in her for not loving an fellow friend , what im going to do is draft a letter and maybe have my lawyer add her two cents to it so where do i find the constitutional rights or the bill of rights saying that this is wrong pleas help , thanks in advance
- Morgan RLv 51 decade agoFavorite Answer
The fact of the matter is that the ACLU believes that the religious education of children should be directed primarily by parents, families, and religious communities - and not the public schools. They are, in fact, public schools and not Sunday schools. And the courts agree.
The Courts have prohibited the dessimination of Religious information in the Public Schools. Arguably, when the Court porhibted the distribution of Christian bibles in the public schools, the Court meant to include the spoken word.
In 1993, the United States Court of Appeals for the 7th Circuit (or jurisdiction) ruled that an Indiana school district's policy permitting representatives of Gideon International to distribute bibles in public schools during school hours violated the Establishment Clause. Berger v. Rensselaer Central School Corporation, 98 F.2d 1160 (7th Cir.), cert. denied, 113 S.Ct. 2344 (1993). In this case, the father of two public school children challenged the school district's long-standing practice of allowing distribution of bibles to 5th grade students during school hours. Teachers did not participate in handing out the bibles and the bibles were not used for pedagogical purposes. However, the 7th Circuit held that the activity was "a far more glaring offense to First Amendment principles" then the non-sectarian graduation prayer at issue in Lee. The 7th Circuit relied on a long line of U.S. Supreme Court cases establishing that is impermissible for school officials to allow the state to be used to gather an audience for religious exercises or instruction. For example, in Illinois ex rel. McCollum v. Board of Education, 333 U.S. 203 (1948), the U.S. Supreme Court struck down a program allowing religious instructors to come into the public schools to teach sectarian classes during school hours. The action was said to violate one of the Establishment Clause's most fundamental principle – that is, to turn government power over to a religious organziation.
The 7th Circuit in Berger found that the school's participation in bible distribution was impermissible and the district argued that the program is a valid part of a legally required education. According to the 7th Circuit, the practice carried the unmistakable message that religion is the norm and that non-adherents are something less than full members of the school community.
The 7th Circuit also dealt with the school district's argument that barring the Gideons from distributing bibles in public schools would violate their First Amendment free speech rights. The 7th Circuit found that the free speech rights of individuals and religious groups to engage in religious expression is subservient to Establishment Clause concerns where those individuals or groups seek to observe their religion in a manner that unduly involves the government.
Fighting against a "preaching Teacher" is not a new battle, in fact here is student effort that is right on point with your problem:
Here is some more information:
- MuttLv 71 decade ago
This sounds to be in violation of the Establishment Clause of the First Amendment. I would take this up with the Principle, then the Superintendent, then the school board. You try a lawyer if none of this helps, but unless your daughter was punished for this, there probably isn't much of a court case here.