Religious Expression in the Public Schools

Freedom of speech encompasses religious as well as secular speech, but the Establishment Clause imposes limitations on government endorsement of religion that has important implications for religious speech and observance in public schools.

Public school teachers, principals, administrators, and other personnel may not promote religion in general as superior to a secular approach to life. Prayer and Bible-reading have long been excluded from the public schools.

In Santa Fe Independent School District v. Jane Doe (2000) the Court held that student-led prayer at school-sponsored football games was unconstitutional, because the circumstances implied official endorsement of religion. Holiday observations in public schools have been a persistent bone of contention in many communities. Although schools may teach about the religious beliefs underlying religious holidays and may celebrate secular aspects of such holidays, schools may not observe holidays as religious events or promote such observance among their students.

Schools may not permanently display religious messages like the Ten Commandments. Religious clothing and symbols, if not disruptive, are a protected form of expression. Even schools with dress codes ordinarily make an exception for religious articles. Under a 1993 Supreme Court ruling, public schools that permit their facilities to be used by community groups are not permitted to discriminate against religious groups.

When public education requirements severely conflict with sincerely-held religious beliefs, the courts have fashioned a remedy to address the conflict. The Equal Access Act (20 U.S.C. 4071-74), adopted by Congress in 1984, was intended to prevent discrimination against student extra-curricular activities "on the basis of the religious, political, philosophical, or other content of the speech" at such student-run events. The Act applies to any "public secondary school which receives Federal financial assistance" and which allows "noncurriculum related student groups to meet on school premises during noninstructional time". U.S. Department of Education, Guidelines on Religious Expression in the Public Schools were originally adopted in 1995 and updated since then to provide every school district in America with a statement of principles addressing the extent to which religious expression and activity are permitted in the public school. The guidelines affirm two obligations imposed on school officials:

1. Schools may not forbid students acting on their own from expressing their personal religious beliefs;

2. Schools may not discriminate against private religious expression by students, but must instead give students the same right to engage in religious activity and discussion as they have to engage in other comparable activity.