Students Rights -- Religion At School
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .”
-- U.S. Constitution, Amendment I
1. What is freedom of religion, and what does it entail?
There are two parts to the freedom of religion guarantees of the First Amendment. First, everyone has the right to the free exercise of religion: that is, the right to practice your own religion, or no religion at all, without interference from the government. Second, the government may not establish religion: that is, the government may not endorse, sponsor, or require participation in any particular religion or religious activity. Public schools must maintain their religious neutrality so that all students of any religion, or no religion, can enjoy freedom of belief.
2. Can a school allow Christmas programs or other types of religious pageants or displays?
Schools cannot promote any one religion over another. A “Christmas Concert” by its nature promotes Christianity, and is not allowed. A “Winter Concert” with some Christmas songs is allowed as long as the music of other religious traditions is included. Religious objects are allowed if part of a study of religions, and then the objects cannot be from just one religion. Generally speaking, a school’s role is not to teach religion -- that’s the job of a church, temple, or mosque.
3. Can school officials sponsor prayers or other religious exercises in school?
No. School officials may not sponsor, facilitate, promote, or participate in religious activities. Teachers may include readings from religious texts, as long as these are presented objectively as part of a secular (non-religious) course, such as in history, world studies, or literature classes. But schools may not teach that one religion is better than any other religion or no religion.
4. What about a moment of silence?
It depends on what the purpose of the moment of silence is, and how it is carried out. If the only purpose or effect is to promote religion, then it is forbidden. On the other hand, if the purpose of the moment of silence has nothing to do with religion -- for example, the purpose is to remember someone who died or to think about world peace -- then it is probably okay.
5. Do I have to participate in religious activities at school?
No. First, the only time religious activities should take place in schools is if they are initiated and led by students. The First Amendment protects the rights of students who wish to pray individually or in groups at school, or to discuss their religious views with their peers. But even then, no one can compel you to participate. Also, the activities can’t disrupt normal school activities.
6. Can we learn about religion in class? Can we read religious materials as part of our curriculum?
Your teachers may teach about religion, but they can’t teach religion. The distinction is very important. In a class, you may study different prayers and religious books if they are part of a course such as history or literature, and do not promote any particular religion. But your teacher can’t promote Islam, for example, by teaching about the Koran and saying how important a part of her life the teachings of the prophet Mohammed are. Also, schools can’t teach creationism or “intelligent design” instead of or along with evolution in a science class. That’s because creationism and intelligent design are not sciences. They are religious concepts.
7. What about prayers or religious references at graduation or other school ceremonies?
Teachers and other school officials may not lead classes or assemblies in prayer and may not try to persuade students to participate in prayer or other religious activities. It doesn’t matter whether the prayers are supposedly “nondenominational,” because no single prayer can capture the wide range of religious beliefs -- or no belief -- that people are entitled to hold. Your school cannot invite a member of the clergy or a student to deliver a prayer at a graduation ceremony, football game, or other school event. Also, a school may not require a “moment of silence.” if the purpose is to encourage prayer.
However, if the school allows student expression on the basis of genuinely neutral criteria and students have primary control over the content of their expression, students individually may choose to express religious beliefs. For example, if all students are given space to express themselves under their yearbook photos, then students can choose to express their religious beliefs. The school may include disclaimers to clarify that the speech is the student’s alone, and not the school’s. Any disclaimers should be neutral and should not criticize particular viewpoints.
8. Can student groups hold religious meetings on school property?
Yes, during non-class hours, if other student groups are also allowed to meet there. The law about this (the federal Equal Access Act of 1984) requires that the meetings be student-initiated; school staff may not participate or sponsor religious clubs, although staff may be present to ensure order. People from outside the school may not lead, control, or regularly attend the meetings -- although they may be invited as speakers.
9. Is it legal for students to hold “prayer rallies ‘round the flagpole”?
Yes. Students may hold informal “prayer rallies” on school grounds before or after school. But school officials may not organize, attend, or lead such rallies.
Students Rights Handbook index:
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