Religious Rights of Teachers

in the School Environment

Religious Rights of
Teachers in the School
Environment

William Allan Kritsonis, PhD

 Religious Rights of Teachers in the School
Environment

In the United States individuals have a fundamental right to live in a

manner that is free from governmental interference or influence.
Perhaps this belief is no more prevalent than in the arena of education
and religion. History has shown us that these two components of
society have come together like oil and water. There have been
advocates on both sides of the spectrum. Those who see the
importance
of education and religion coming together and then there are those
who
feel that never should the two meet. This is a subject that can be
debated for days; however this paper will focus on the religious rights
of educators in the school environment.
Religious Rights of Teachers in the School
Environment

An educator must maintain an up to date

knowledge base not only of their content area,
but they must also be well versed in the legal
rules and regulations mandated by the local,
the state and the federal court systems. The
formation of the laws governing educators and
religion come from three primary sources the
First Amendment (Religious Liberty Clause), the
Establishment Clause and the Free Exercise
Clause.
 Religious Rights of Teachers in the School
Environment

The First Amendment

Congress shall make no law respecting
an establishment of religion, or
prohibiting the free exercise thereof; or
abridging the freedom of speech, or of
the press; or the right of the people
peaceably to assemble, and to petition
the Government for a redress of
grievances,
(Walsh 253).
Religious Rights of Teachers in the School
Environment

The First Amendment

The First Amendment, which is sometimes
referred to as the Religious Liberty Clause,
contains the Establishment Clause and the
Free Exercise Clause. It also provides the
framework for educators religious rights
under the first amendment student and
faculty rights to religious expression are
protected, (Mills 1).
 Religious Rights of Teachers in the School
Environment

The Establishment Clause

Congress shall make no law respecting an
establishment of religion, or prohibiting the
free
exercise thereof; or abridging the freedom of
speech,
or of the press; or the right of the people
peaceably to
assemble, and to petition the Government for a
redress of grievances,
 Religious Rights of Teachers in the School
Environment

The Establishment Clause

The Lemon Test
The Lemon test consists of a series of questions that the
courts will use
as a means of resolving issues concerning church and
state disputes.
The questions that apply to the Lemon test are as follows
(Walsh 254):
1. Does the law, or other government action, have a
bona fide secular or civic purpose?
2. Does the primary effect neither advance nor
inhibit religion? In other words is it neutral?
3. Does the law avoid excessive governmental
entanglement with religion?
 Religious Rights of Teachers in the School
Environment

The Free Exercise Clause

Congress shall make no law respecting an
establishment of religion, or prohibiting the
free
exercise thereof; or abridging the freedom of
speech,
or of the press; or the right of the people
peaceably to
assemble, and to petition the Government for a
redress of grievances,
Religious Rights of Teachers in the School
Environment

The Free Exercise Clause

1. The educator must have a sincere religious belief
that is being denied. This does not mean that it has
to be logical or an established religious
denomination, but if the participant genuinely
believes in the truths provided under that practice,
the pursuance of said religion cannot be deprived.

2. Substantial burden must be evident. This means

that the compliant (educator) is able to provide proof
that their religion or the pursuance of their religion
has been compromised by the school, the school
district or the government.
Religious Rights of Teachers in the School
Environment

The Free Exercise Clause

3. The state has the right to determine what is in
the best interest of its stakeholders (the school
system). Therefore, the ruling on a religious
practice must not conflict with the compelling state
interest which is to say that the publics health and
the schools safety is not in jeopardy.

4. The educator must have the least restrictive

means by which to pursue their religious beliefs.
Religious Rights of Teachers in the School
Environment

The First Amendment is perhaps an educators first line

of defense as it relates to education and religion. It
outlines two clear clauses that serve as the bases for
reinforcing the basic truths that our country was
founded on. The Establishment Clause provides the
criterions that are used by the courts to determine the
validity of a law or practice as it relates religion in the
educational system. The Free Exercise Clause also
emphasizes the importance of separation of church and
state by focusing on the sincerity of a belief.