Freedom of religion, guaranteed under the First Amendment of the U.S. Constitution, has two parts: Government may not either promote religion (the “establishment clause”) or prevent people from practicing their religion (the “free-exercise clause”). The U.S. Supreme Court has long recognized that the First Amendment applies to state and local governments—including public schools.
But that hasn’t settled the debates about teaching and practicing religion in school. Controversies—whether about prayers at school, teaching religion, religious holiday displays, or students sharing their faith—usually involve a conflict between the free-exercise clause and the establishment clause. Teachers and school officials have to strike a balance between two requirements:
- making sure the school doesn’t appear to promote one religion over another or sponsor religious expression, and
- allowing students to practice their religion, which includes praying and expressing their faith—in class, in homework, in commencement speeches, and to classmates.
The distinction between those two requirements isn’t always clear, so courts often end up having to resolve fights about religion in schools.
Prayer in School: Personal vs. School-Sponsored
In a series of landmark decisions, the Supreme Court ruled that public school teachers and administrators may not lead, organize, or promote prayer in classrooms or at school functions. Most states responded by passing laws that allow or require teachers to start the school day with a moment of silence. Courts have usually upheld these laws if there was a legitimate secular purpose behind them—like helping students focus and prepare for the day—but not if they were meant to return prayer to the classroom.
At the same time, schools shouldn’t interfere with students’ right to pray on their own or with their friends—at lunch, before or after school, in religious clubs or “see you at the pole” prayer gatherings, or silently in class—as long as they aren’t disrupting schoolwork or violating other students’ rights. The same holds true for other forms of religious expression, including wearing clothing or jewelry meant as a statement of faith.
Prayers and Religious Expression by Student Speakers at School Events
When students are speaking at school functions like graduation ceremonies, they may generally include prayers or other expressions of their faith if:
- they chose to do so on their own
- the school had a secular purpose for allowing the students to speak, and
- the process of selecting those speakers had nothing to do with what they would say.
However, some courts have held that school officials may prevent students from delivering invocations as part of graduation ceremonies or giving commencement speeches that included Christian comments meant to convert their classmates. And the Supreme Court has held that a high school violated the establishment clause by arranging for students to give invocations over the public address system at football games, even though students created and led the prayers (Santa Fe Independent School Dist. v. Doe, 530 U.S. 290 (2000)).
School Celebrations of Religious Holidays
Public schools need to be careful when they celebrate religious holidays. Schools may not put up explicitly religious symbols (like a nativity scene or menorah) unless they’re part of a larger holiday display that’s not religious. A display that includes symbols from several different religions may be seen as having the secular purpose of promoting tolerance and respect for all religions.
As for holiday programs, the rule is similar. In general, holiday assemblies may include religious music, literature, or art—as long as it has an educational purpose, such as furthering students’ knowledge and appreciation of diverse religious heritages. This standard can get tricky. Depending on the context, courts may find that presentations like “living nativity scenes” are endorsements of Christianity, even when they’re a part of a larger program that isn’t explicitly religious.
Religion in the Classroom and in Homework
Public school teachers can include lessons and discussions about different religions, as long as they’re careful not to promote one religion over another. If students include expressions of faith in their class assignments, teachers should use regular academic standards to grade that work. But they may stop students from making religious remarks in class that aren’t relevant to the academic subject.
No Discrimination Against Religious Literature or Clubs
School officials generally may tell students when, where, and how they can pass out religious literature at school, as long as the rules are reasonable and apply to all literature that isn’t related to school. But they can’t single out religious materials for restrictions.
Similarly, schools must treat religious clubs just like any other student clubs that aren’t related to classes. That means letting the groups meet on campus as well as announce their upcoming meetings.
Speaking With a Lawyer
If you believe that public school teachers, coaches, or administrators are violating your child’s constitutional rights to religious liberty—either by promoting a religion your family doesn’t share or by infringing on your child’s right to religious expression—you may want to speak with a lawyer. A civil rights attorney can explain how the law applies to your situation, how you might approach school officials to resolve the problem, and any legal options that may be available if the school doesn’t respond.
And if your child is facing harassment at school or disciplinary proceedings because of religion or protected religious expression, a lawyer with experience in education law or discrimination claims in an educational setting may be best suited to help protect your child’s rights.