Battling Anew Over the Place of Religion in Public Schools
By ERIK ECKHOLM
JEFFERSON, S.C. — It has been nearly 50 years since the Supreme Court ruled that officially sponsored prayer in public schools violated the separation of church and state.
But
in some corners of the country, especially in the rural South, open
prayer and Christian symbols have never really disappeared from
schools, with what legal advocates call brazen violations of the law
coming to light many times each year.
At
a school assembly here in South Carolina on Sept. 1, a preacher
described how Christ saved him from drugs, telling his rapt audience
that “a relationship with Jesus is what you need more than anything
else.” A rapper shouted the Lord’s praise to a light show and
most of the audience stepped forward to pledge themselves to Christ
while a few remained, uncomfortable, in their seats.
Such
overt evangelizing would not be unusual at a prayer rally, but this
was a daytime celebration in a public school gymnasium, arranged by
the principal for sixth, seventh and eighth graders.
When
the rapper posted a video on
YouTube, announcing that “324 kids at this school have made a
decision for Jesus Christ,” he drew unwelcome public and legal
scrutiny to the event. It was the kind of religious advocacy that is
increasingly coming to light, legal experts say, as school
populations become more diverse and as the objection of
non-Christians — or, in this case, the rejoicing of evangelists —
is broadcast on the Internet.
In
landmark decisions in 1962 and 1963, the Supreme Court barred
official promotion of religion in schools. That principle has
remained solid, if pilloried by conservatives who blame it for what
they see as the nation’s moral and social decline. At the same
time, the courts and Congress have also reinforced the rights of
students to pray on their own and to form after-school religious
clubs.
But
battles over the place of religion in schools continue. This month,
the American
Civil Liberties Union filed
a lawsuit demanding
that the Chesterfield County, S.C., school district end what the suit
describes as the continuing promotion of religion in several of its
schools, including the middle school that held the prayer rally. The
A.C.L.U. brought the suit on behalf of a seventh grader who said he
was subjected to unwanted proselytizing and has been harassed for his
avowals ofatheism.
Among
other recent examples:
¶
At Pace High School near Pensacola, Fla., teachers cited the
Bible as
fact in class and one teacher preached to students with a bullhorn as
they arrived at school. In litigation that ended in July, the Santa
Rosa County district agreed to
stop promotion of religion but said that teachers could pray in
private settings and could use expressions like “God bless you.”
¶
In Sumner County, Tenn., teachers led students in prayer and Bible
study, and allowed Gideons International to distribute Bibles during
school hours. Officials agreed
this month to
end the practices.
¶
In Baltimore, under threat of a lawsuit last spring, district
officials stopped a school principal from holding prayer services to
help students prepare for a standardized test.
“We
continue to see, on a regular basis across the country, public school
officials who include prayer in school events, try to convert
students and engage in other promotion of religion,” said Heather
Weaver, a lawyer with the A.C.L.U.’s
program on religious freedom.
“In
recent years, public school officials have engaged in these
activities even more aggressively,” Ms. Weaver added.
Christian
legal advocates counter that such plain violations are far less
common than the opposite problem: overzealous officials trying to
cleanse the schools of religion, punishing students for protected
speech like personal prayer or handing out devotional messages to
their friends.
“The
free-speech rights of students and teachers are under an all-out
assault,” said Kelly Shackelford, president of the Liberty
Institute,
a Christian legal group in Plano, Tex. He described one continuing
legal case in which “children had pencils ripped out of their
hands” because they carried a Christian message and students were
“banned from writing Merry Christmas to the soldiers.”
Despite
such disputes, legal religious expression is more present in schools
now than it has been for decades, said Charles Haynes, a senior
scholar at the First
Amendment Center in
Washington who advises school districts and helped develop teacher
guidelines that are consistent with the law. It has been firmly
established, he said, that students may pray if it is not disruptive,
and can share their faith with other students. Teachers may pray with
other teachers outside of class, though not in front of students
during school hours.
But
gray areas persist and dozens of bitter disputes erupt every year
over the propriety of student prayers at graduations and football
games (usually ruled illegal if given over a loudspeaker to a captive
audience) or whether children can hand out written prayers at a
Christmas party (permissible in theory, some experts say, but courts
have allowed school officials to make judgments based on the
circumstances).
Watchdog
groups like the A.C.L.U., Americans
United for Separation of Church and State and
the Freedom
From Religion Foundation say
that in the last few years, they have learned more often about what
they call blatant violations like the South Carolina rally. It is
unclear, they say, whether the number of such events is growing, or
whether they are now more likely to come to light. But still, these
advocates say, even when clear violations occur, concerned families
are often reluctant to bring legal challenges because they fear
social hostility.
The
September prayer rally at New Heights Middle School in Jefferson had
deep support in the community. With a population of 47,000,
Chesterfield County supports at least 200 Christian churches,
according to Paul Wood Jr., pastor of the First United Methodist
Church in Cheraw, S.C.
“There’s
not a lot of religious diversity here, so it becomes hard for people
to believe that everybody isn’t a Christian,” said Mr. Wood, who
was perhaps the only pastor in the county to publicly question the
rally.
The
students were addressed by Christian
Chapman of
Charlotte, N.C., who describes himself as a “traveling evangelist”
and often speaks at schools, he said in an interview.
“I
definitely think that we should try to get our relationship with
Christ back into the schools,” said Mr. Chapman, 43. “Jesus
represents everything we want our students to live by.”
For
non-Christians to hear this message, he said, is no worse than Bible
believers being forced to hear about evolution every day.
On
the videotape about the rally, Mr. Chapman quotes the school
principal, Larry Stinson, as saying, “I want these kids to know
that eternal life is real, and I don’t care what happens to me,
they’re going to hear it today.”
Mr.
Stinson declined to comment, while a district spokesman, Ken Buck,
said that the district was studying the lawsuit and would not
intentionally violate the Constitution.
According
to the suit, the rally during school hours was far from an isolated
event. Mr. Stinson routinely opens school programs with prayer, it
alleges, and has often invited Christian speakers. A large poster of
the Ten Commandments hangs on a hallway wall, a picture of Jesus
hangs in the lobby, and a cross and two Bibles are on a table in the
main office.
The
principal’s supporters noted that students were given the option of
skipping the rally.
According
to Jonathan Anderson, who is a plaintiff in the suit along with his
seventh-grade son, the boy was told that to avoid the assembly he had
to report to the suspension room, which the boy interpreted as a
punishment.
In
any case, said Ms. Weaver, the A.C.L.U. lawyer, “the law is clear
that a school cannot hold a worship rally, irrespective of whether it
is optional.”
Mr.
Stinson, in an e-mail exchange with a local pastor who expressed
support, wrote, “Please pray for the dark forces out there who
would seek to do harm in this situation.” source
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