Religious Topics in the Classroom

Legal Memo: Religious Topics in the Classroom

Dana is a ninth grade student. Ms. Ramsey is one of her teachers. Ms. Ramsey assigned her class a research paper with the following requirements: (1) the paper must cite to at least four sources, (2) the students could choose any topic they wanted before March 22, but after that date any new or changed topics would require Ms. Ramsey's approval, and (3) an outline of the paper was due on March 26.

Dana originally signed up her topic to be "drama," but felt that was too broad and subsequently turned in, without Ms. Ramsey's prior approval, an outline for a paper titled "The Life of Jesus Christ." Ms. Ramsey told Dana she would only accept a religious-based paper if it did not deal solely with Christianity of the life of Jesus Christ. She subsequently rejected Dana's second outline titled "A Scientific and Historical Approach to Jesus Christ." Thereafter, Ms. Ramsey gave Dana a zero for failing to complete the assignment as required. The school principal, district superintendent, and school board all support Ms. Ramsey's position.

(1) Would Ms. Ramsey, and thereby the school, violate either federal or state law by allowing Dana' research paper topic?

(2) Does Ms. Ramsey's decision regarding Dana's project either negatively or positively impact the school's educational obligation to Dana?

(1) The school would not be in violation of the law if it allowed D

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ose studies was protected by the First Amendment, without violating the Establishment Clause. Thus, the Court held that the student was free to continue his studies, but the State could not fund it. The significance of Locke for the school board in this case is that it demonstrates the balancing act that must often be performed in these cases. For example, in the case of Zorach v. Clauson, Justice Douglas wrote that "[t]he First Amendment, however, does not say that in every and all respects there shall be a separation of Church and State." Rather, Douglas explained that the government, in our case public schools, should adopt an attitude "that shows no partiality to any one group and that lets each flourish according to the zeal of its adherents and the appeal of its dogma." The Court in Walz v. Tax Commission of City of New York, also offered specific guidelines to determine when religious-related instruction or discussion may be permissible or prohibited in public institutions. Essentially, the government must ask whether the acts complained of are intended either to establish or interfere with religious beliefs and practices or whether they have the effect of establishing or interfering with religious beliefs. Thus

Category: Government - R