Religion in Public Education

Public schools prove to be fertile ground for debates over the Religion Clauses. In other units of this course, we see arguments about school prayer and university funding for student groups. And many of the issues and tensions discussed throughout this course find their way into debates over public school curricula, which we’ll focus on today. Why might public schools be so important for questions of religious freedom in America?

Think about the Scopes trial—where the state of Tennessee prosecuted a man for teaching evolution in public school—and the continued debate surrounding teaching evolution in schools today. Can the state prohibit the teaching of evolution or creationism? Does education imply endorsement? Is it desirable—or even possible—to teach certain subjects “neutrally”?

Both the establishment and free exercise clauses, along with Fourteenth Amendment due process, play an important role concerning divisive issues in public-school education. On the one side, religious students might believe that public-school policies restrict their religious exercise. On the other, easy alliances between religious majorities and school boards can raise the specter of establishment. For these cases, think about the impact of public-school education on students. Are there limits on what schools can compel students to do and learn? Can you see where tensions arise and what kinds of claims can be made on either side? 

Reading Assignment:

  • Epperson v. Arkansas, 393 U.S. 97 (1968)

  • Mozert v. Hawkins County Board of Education, 827 F.2d 1058 (6th Cir. 1987)

  • Russell Shorto, “How Christian were the Founders?” New York Times Magazine (Feb. 11, 2010) 

Optional Reading: