Establishment Clause
The Establishment Clause of the 1st Amendment is one of the keystone portions of the Constitution that we have, especially when considering constitutional law. The clause itself is fairly straightforward, stating that, “Congress shall make no law respecting an establishment of religion…” Through the years the court has interpreted this statement in a few ways, and for such a seemingly simple definition, it has stirred debate and questions on what actually is an establishment of religion. Many of the cases have revolved around education and where religion should be tolerated and where it should not. These six cases have provided insight into how the clause is used in relation to education and the view of the Court through the years in terms of what place education has in the school system.
Free Exercise Clause
It is in Abington School District v Schempp that the court states that “one's education is not complete without a study of comparative religion, or the history of religion and its relationship to the advancement of civilization.” While it is understandable that a school should not be promoting any one religion, as it is a violation of the establishment clause; the free exercise clause claims that all people have the right to freely choose the religion they wish to practice. So why is it that in the Western world, we are subjecting our people to default Christianity? American school children are growing up with the ideas that we are one nation, under God; we hear about the enlightenment period in history classes, and even though there is no indoctrination of our students, it is often that these small seeds are planted into the minds of our children, and they grow up thinking that Christianity is their only option. In an article by Sandhya Jain, she makes a great point that religion and culture are intimately joined, and through Christianity’s expansion, it has erased the previous traditions and cultures in its path. This is the same for history and religious lessons in the western world, as the teaching of Christianity, as well as other Christian symbols has led to the lack of religious diversity. It is an obligation of the free exercise clause to give people the ability to choose the religion they wish to practice, and without educating the masses in a fair and neutral way about world religions, we will continue to violate the rights of these people who are being robbed of their choices to freely choose. Religion in schools should not be a dirty idea. It should be worked on and perfected until it’s neutral and informative.
Discussion Question
Does teaching religion automatically constitute an establishment of it? If no, then when does it cross the line?
Citations
Abington School Dist. v. Schempp, 374 U.S. 203 (1963)
Jain, Sandhaya. "Christianity: West's Default Religion." Vijayvaani.com. N.p., 19 Dec. 2009. Web. 13 Apr. 2017.
Jain, Sandhaya. "Christianity: West's Default Religion." Vijayvaani.com. N.p., 19 Dec. 2009. Web. 13 Apr. 2017.