What are the controversies within the American constitution regarding religious practices?
An evaluation of the relationship between the government and religion shows that there are numerous controversies with the constitutional framework in the United States of America. Deducing from the first amendment, there is a clause which prohibits Congress from prohibiting the free exercise of religion. However, the fourteenth amendment contradicts the first as it places limitations on the federal government and all the interpretation has been placed upon the Supreme Court. There seems to be a lack of understanding between the first and the fourteenth amendments. This is apparent when examining the 1947 Everson v. Board of education case whereby the Supreme Court made a decision that both the state and the federal government should not take part in religious matters. Contrarily, the 1971 Lemon v. Kurtzman case resulted in the creation of a lemon test which indicates that there lacks a full understanding of the relationship between government and religion. It is also evident that courts apply different techniques to evaluate religious claims which should not be the case if there is a full understanding of the matter.
Question 2
What is the influence of religion in public schools?
For a very long time, religion has been considered to significantly influence education. History has it that from the colonial period to the mid-twentieth century, Protestants presence was rampant in numerous public schools. In the 1960s, the Supreme Court believed that the participation of churches in school activities advanced religion in public schools which were against the formulation of the first amendment clause that regards the relationship between government and religion. Also, due to the influence that religious activities have on public schools, silent prayer statuses were formulated to prevent religion from interfering with regular activities in public schools.
Question 3
What are the controversies that have surrounded religious displays, music and holiday observances?
Due to the controversies in religious displays and holiday observances, in 1960, the Supreme Court turned down the hearing of an appeal relating to these subjects. This later brewed many debates whereby there were claims that there are holiday observances that do not advance religion such as Christmas therefore, it was improper not considering them in regular school activities. However, the Supreme Court retained its decision on grounds that songs and these holidays do not improve the general teaching and learning program thus should not be allowed in schools. Contrarily, some members of the Supreme Court found significance in some religious displays such as the Ten Commandments claiming that it has both cultural and historical significance.
Question 4
What are the arguments in the distribution of religious literature and gifts?
There have been differing opinions from lower courts in relation to the distribution of religious literature and gifts in public schools. Subsequently, the Supreme Court too has not addressed the issue directly thus creating a gap in understanding the subject. There are a number of courts that have ordered the boards of schools not to allow the Gideon Society to visit schools are gift students with bibles. Religious flyers have also been prohibited to be distributed in schools. However, recently, students are advocating for the distribution of religious literature and gifts. Additionally, a 1995 Supreme Court decision regarding higher education has led to the distribution of religious literature in schools.
References
Smith, M. E. (1987). Relations between church and state in the United States, with special attention to the schooling of children. Am. J. Comp. L., 35, 1.
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