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Religious Liberty in the Educational System of the United States
From the 1980s to the Present
Series:
Iwona Zamkowska
Nearly a third of religious liberty cases decided by the U.S. Supreme Court addressed religion and education. Numbers that high, the problem definitely deserves consideration of international public. What were the main forces that shaped religious liberty in public education in one of its most formative periods? Did the introduction of religious liberty legal framework in public schools advance religious liberty of students as independent autonomous actors? The author discusses this cultural problem from a broad and complex perspective: both internationally recognized theory of a child’s religious freedom rights and the American models of religious liberty. To cover a wide spectrum of viewpoints, she analyses a broad selection of documents, from state and NGO publications to media coverage.
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- 978-3-631-80006-5
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- Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien, 2020. 310 pp., 4 tables.
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- Cover
- Title Page
- Copyright Page
- Acknowledgments
- About the author
- About the book
- Citability of the eBook
- Contents
- List of Abbreviations
- Introduction
- Chapter 1 The Legal Basis for Religious Liberty
- I The First Amendment Religious Liberty Clauses: Interpretation and Impact
- a) The Main Legal Concepts Incorporated in the Provisions of the Clauses
- b) The Lines of Interpretation of the Establishment Clause and Their Implication for Religious Liberty in Schools
- c) The Lines of Interpretation of the Free Exercise Clause and Their Implication for Religious Liberty in Schools
- The Shift toward Student-Initiated Neutral Religious Practices: The Moment of Silence and the Equal Access Model
- a) A Moment of Silence
- b) The Emergence of an Equal Access Model
- c) The Position of a Student as an Autonomous Actor
- III The Models of Religious Liberty: Freedom from Religion, Freedom of Religion and Freedom for Religion
- a) Freedom of Religion
- b) Freedom from Religion
- c) Freedom for Religion
- Conclusion
- Chapter 2 Nonlegal Political Factors Shaping Religious Liberty in Education from the 1980s Onwards
- I Political Factors
- a) The Rise and the Agenda of the Religious Right
- b) Religious Right’s Attempt to “Bring God Back to School”: Prayer Amendments and the Religious Freedom Restoration Act
- II Culture Wars and Their Impact on Religion-School Debate
- III Educational Factors: The New Consensus on Teaching about Religion and the Emergence of the Civic Public School Model in the 1980s
- a) Educational, Demographic, and Administrative Factors Leading to the Emergence of the New Consensus
- b) The New Consensus on Teaching about Religion and Its provisions
- c) The Role of the New Consensus in Addressing the Conflict over the Place of Religion in the U.S. Education System
- d) The Dissemination of the New Consensus Provisions: The Presidential Guidance
- e) The New Consensus–Based Projects
- f) New Measures to Facilitate the Implementation of the New Consensus Provisions: No Child Left Behind Act
- Conclusion
- Chapter 3 Religious Liberty of Students as the Participants of the Educational Process in Primary and Secondary Level Education: Curriculum- and Noncurriculum-Related Content
- I Teaching about Religion and the Right of Students to Receive a Complete Education
- II Curriculum-Related Religious Expression in Classroom Assignments and Class Discussion
- III Exemption from Religiously Objectionable Classes
- IV Excusal Requests to Participate in Religious Instruction or Festivals
- V Noncurricular Religious Clubs and the Right of Student Groups to Freely Associate and the Distribution of Religious Literature
- Conclusion
- Chapter 4 Religious Liberty of Students as the Participants of Educational Process in the Primary and Secondary Level Education: Personal and Voluntary Religious Practices
- I Prayer Before Meals and Tests
- II Student Religious Expression at Graduation and Nongraduation Events as an Example of the Right of Student Religious Speech at a School-Sponsored Event
- III “See You at the Pole” as an Example of a Group Prayer Event on the School Grounds during Noninstructional Time
- a) The Requirement that the Event Be Student-Initiated and Student-Led
- b) The Participation of School Officials
- c) Truly Voluntary and Noncoercive Character
- IV Student’s Attire as a Form of Religious Expression
- V Special Dietary Needs
- Conclusion
- Conclusion
- Summary
- Streszczenie
- Appendices
- List of Tables
- Bibliography
- Index
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Or login to access all content.- Cover
- Title Page
- Copyright Page
- Acknowledgments
- About the author
- About the book
- Citability of the eBook
- Contents
- List of Abbreviations
- Introduction
- Chapter 1 The Legal Basis for Religious Liberty
- I The First Amendment Religious Liberty Clauses: Interpretation and Impact
- a) The Main Legal Concepts Incorporated in the Provisions of the Clauses
- b) The Lines of Interpretation of the Establishment Clause and Their Implication for Religious Liberty in Schools
- c) The Lines of Interpretation of the Free Exercise Clause and Their Implication for Religious Liberty in Schools
- The Shift toward Student-Initiated Neutral Religious Practices: The Moment of Silence and the Equal Access Model
- a) A Moment of Silence
- b) The Emergence of an Equal Access Model
- c) The Position of a Student as an Autonomous Actor
- III The Models of Religious Liberty: Freedom from Religion, Freedom of Religion and Freedom for Religion
- a) Freedom of Religion
- b) Freedom from Religion
- c) Freedom for Religion
- Conclusion
- Chapter 2 Nonlegal Political Factors Shaping Religious Liberty in Education from the 1980s Onwards
- I Political Factors
- a) The Rise and the Agenda of the Religious Right
- b) Religious Right’s Attempt to “Bring God Back to School”: Prayer Amendments and the Religious Freedom Restoration Act
- II Culture Wars and Their Impact on Religion-School Debate
- III Educational Factors: The New Consensus on Teaching about Religion and the Emergence of the Civic Public School Model in the 1980s
- a) Educational, Demographic, and Administrative Factors Leading to the Emergence of the New Consensus
- b) The New Consensus on Teaching about Religion and Its provisions
- c) The Role of the New Consensus in Addressing the Conflict over the Place of Religion in the U.S. Education System
- d) The Dissemination of the New Consensus Provisions: The Presidential Guidance
- e) The New Consensus–Based Projects
- f) New Measures to Facilitate the Implementation of the New Consensus Provisions: No Child Left Behind Act
- Conclusion
- Chapter 3 Religious Liberty of Students as the Participants of the Educational Process in Primary and Secondary Level Education: Curriculum- and Noncurriculum-Related Content
- I Teaching about Religion and the Right of Students to Receive a Complete Education
- II Curriculum-Related Religious Expression in Classroom Assignments and Class Discussion
- III Exemption from Religiously Objectionable Classes
- IV Excusal Requests to Participate in Religious Instruction or Festivals
- V Noncurricular Religious Clubs and the Right of Student Groups to Freely Associate and the Distribution of Religious Literature
- Conclusion
- Chapter 4 Religious Liberty of Students as the Participants of Educational Process in the Primary and Secondary Level Education: Personal and Voluntary Religious Practices
- I Prayer Before Meals and Tests
- II Student Religious Expression at Graduation and Nongraduation Events as an Example of the Right of Student Religious Speech at a School-Sponsored Event
- III “See You at the Pole” as an Example of a Group Prayer Event on the School Grounds during Noninstructional Time
- a) The Requirement that the Event Be Student-Initiated and Student-Led
- b) The Participation of School Officials
- c) Truly Voluntary and Noncoercive Character
- IV Student’s Attire as a Form of Religious Expression
- V Special Dietary Needs
- Conclusion
- Conclusion
- Summary
- Streszczenie
- Appendices
- List of Tables
- Bibliography
- Index