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Religion and Schools
ACLU Successfully Challenges Bible Classes in Texas Public Schools
The ACLU's Program on Freedom of Religion and Belief scored a resounding victory on March 5, 2008, when it settled a highly-publicized lawsuit challenging the constitutionality of a curriculum used in a bible course taught in a west Texas public school district.
> Learn more about the case, Moreno v. Ector County School Board
> ACLU Cases Defending Religious Freedom
The ACLU defends students' free speech rights in the public schools and defends students' rights to pray in the schools. Additionally, whenever a teacher allows children to choose their own topics for an assignment (such as which book to read, which song to sing, or which topic to study for a presentation), students may choose religious themes - and the ACLU has protected their right to do so. Schools may also offer courses about religion or about the Bible or other religious works.
Public schools themselves should not, however, be in the business of promoting particular religious beliefs or religious activities. While it is permissible for public schools to teach about religion, it is not permissible to promote particular religious beliefs. While public schools should not be leading children in prayers or religious ceremonies, they should be respectful of the religious beliefs of students. Further, public schools should protect children from being coerced by others to accept religious (or anti-religious) beliefs. Public schools should seek to create an environment conducive to learning by all students and not act as vehicles proselytizing for religious or anti-religious beliefs.
The ACLU believes that the religious education of children should be directed primarily by parents, families, and religious communities - and not the public schools.
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Press Releases
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Victory For Native American Religious Freedom (11/19/2008) NEW ORLEANS - Today the ACLU of Louisiana (ACLU) and the Native American Rights' Fund in Boulder, Colorado (NARF) announced a victory on behalf of a Native American child attending public school in St. Tammany Parish. Curtis Harjo is a five-year-old Native American child who wears his hair in a neat braid down his back. The Harjo's religion, like that of many Native Americans, includes a belief that hair should not be cut, except as a symbol of mourning upon the death of a loved one. The principal at Curtis' elementary school advised his mother that he would be required to cut his hair to continue to attend school even though to do so would violate his family's religion.
ACLU Sues School District For Punishing Kindergarten Student Because Of Family's Religious Beliefs (10/02/2008) HOUSTON – The American Civil Liberties Union and the ACLU of Texas today filed a lawsuit against the Needville Independent School District (NISD) for punishing a five-year-old American Indian kindergarten student for practicing and expressing his family's religious beliefs and heritage by wearing his hair long in violation of school rules.
ACLU Files Lawsuit To Protect Religious Freedom Of Florida High School Students (08/27/2008) PENSACOLA, FL – Santa Rosa County school officials are using their governmental positions to promote their personal religious beliefs in public schools, according to a lawsuit filed today on behalf of two Pace High School students by the American Civil Liberties Union of Florida and the national ACLU.
ACLU Asks School Board Not to Adopt Unconstitutional Policy on Prayer (07/08/2008) NEW ORLEANS - Today, the American Civil Liberties Union of Louisiana sent a letter urging the Terrebonne Parish School Board not to enact a policy which would require school prayer at high school graduations, and require that only English be included in the ceremony. The issue arose after two Vietnamese students gave parts of their valedictory speeches in Vietnamese, to address their families, this past year.
Americans United For Separation Of Church And State And ACLU File Brief Objecting To Government Promotion of Prayer In Texas' "Moment Of Silence" Law (06/09/2008) NEW ORLEANS - Americans United for Separation of Church and State, the American Civil Liberties Union and the ACLU of Texas submitted a friend-of-the-court brief today to a federal appeals court urging the court to rule against a religiously motivated 2003 amendment to Texas' "Moment of Silence" statute. The amendment added "pray" to the statute's list of activities for students during the moment of silence.
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Legal Documents
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Arocha et al. v. Needville Independent School District - Complaint (10/01/2008)
Doe v. School Board for Santa Rosa County, FL - Complaint (08/27/2008)
Croft v. Governor of the State of Texas - Amicus Brief Objecting To Government Promotion of Prayer In Texas’ “Moment Of Silence” Law (06/07/2008)
Moreno v. Ector County Independent School District Board of Trustees - Complaint (05/16/2007)
ACLU Complaint in Mu-Ammar Ali v. Mumme (08/29/2006)
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Legislative Documents
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Coalition Letter to Senate regarding "Creation Science" Earmark (10/10/2007) Dear Senator:
We, the undersigned religious, civil rights, education, science, and advocacy organizations write to urge you to remove an earmark from the Fiscal Year 2008 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Bill’s Committee Report. The Fund for Improvement of Education, under Title III, contains an earmark for uses that, if funded, would be blatantly unconstitutional. The earmark would fund curriculum that promotes teaching creationism in the science classroom, even though uniformly prohibited by federal courts.
Letter Urging Congress to Oppose Any Attempts to Repeal Longstanding, Critical Civil Rights Protections in Head Start Program (04/23/2007)
SUPPORT BIPARTISAN REAUTHORIZATION OF HEAD START BY OPPOSING ANY ATTEMPT TO REPEAL THIRTY-FIVE YEAR OLD CIVIL RIGHTS PROVISION (04/20/2007) We, the undersigned religious, civil rights, labor, education, health, and advocacy
organizations urge you to support H.R. 1429, bipartisan legislation that would reauthorize the
Head Start program, and to oppose any attempt to repeal longstanding critical civil rights
protections. As reported out of the House Committee on Education and Labor on a 42-1
bipartisan vote, H.R. 1429 keeps in place a 35-year old civil rights provision that protects over
213,000 Head Start teachers and staff and over 1,360,000 parent volunteers from employment
discrimination based on religion in federally-funded positions in Head Start programs.
Oppose Any Attempt to Repeal Longstanding Civil Rights Protections in Head Start (04/19/2007) On behalf of the Leadership Conference on Civil Rights (LCCR), the nation’s oldest, largest, and most diverse civil and human rights coalition, with more than 190 member organizations, we urge you to support H.R. 1429, the Improving Head Start Act of 2007, and oppose any attempt on the House floor to repeal longstanding civil rights
protections in the Head Start Program that have been in place since President Nixon signed the law in 1972. We strongly oppose any language that would allow federally funded employment discrimination.* If language repealing civil rights protections is added to the bill either during consideration on the House floor or in the Motion to
Recommit, we urge you to oppose final passage of the bill.
ACLU Letter to Congress Regarding the America's Opportunity Scholarship for Kids Act (07/27/2006)
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Resources
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What Odessa, Texas, Parents Say about Religious Bible Teachings in Public Schools (05/16/2007)
Statement on The Bible in Public Schools: A First Amendment Guide (05/09/2007)
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Religion and Belief
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Religion and Schools
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Fact Sheets
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Frequently Asked Questions About "Intelligent Design" (09/16/2005)
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Press Releases
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Victory For Native American Religious Freedom (11/19/2008) NEW ORLEANS - Today the ACLU of Louisiana (ACLU) and the Native American Rights' Fund in Boulder, Colorado (NARF) announced a victory on behalf of a Native American child attending public school in St. Tammany Parish. Curtis Harjo is a five-year-old Native American child who wears his hair in a neat braid down his back. The Harjo's religion, like that of many Native Americans, includes a belief that hair should not be cut, except as a symbol of mourning upon the death of a loved one. The principal at Curtis' elementary school advised his mother that he would be required to cut his hair to continue to attend school even though to do so would violate his family's religion.
ACLU Sues School District For Punishing Kindergarten Student Because Of Family's Religious Beliefs (10/02/2008) HOUSTON – The American Civil Liberties Union and the ACLU of Texas today filed a lawsuit against the Needville Independent School District (NISD) for punishing a five-year-old American Indian kindergarten student for practicing and expressing his family's religious beliefs and heritage by wearing his hair long in violation of school rules.
ACLU Files Lawsuit To Protect Religious Freedom Of Florida High School Students (08/27/2008) PENSACOLA, FL – Santa Rosa County school officials are using their governmental positions to promote their personal religious beliefs in public schools, according to a lawsuit filed today on behalf of two Pace High School students by the American Civil Liberties Union of Florida and the national ACLU.
ACLU Asks School Board Not to Adopt Unconstitutional Policy on Prayer (07/08/2008) NEW ORLEANS - Today, the American Civil Liberties Union of Louisiana sent a letter urging the Terrebonne Parish School Board not to enact a policy which would require school prayer at high school graduations, and require that only English be included in the ceremony. The issue arose after two Vietnamese students gave parts of their valedictory speeches in Vietnamese, to address their families, this past year.
Americans United For Separation Of Church And State And ACLU File Brief Objecting To Government Promotion of Prayer In Texas' "Moment Of Silence" Law (06/09/2008) NEW ORLEANS - Americans United for Separation of Church and State, the American Civil Liberties Union and the ACLU of Texas submitted a friend-of-the-court brief today to a federal appeals court urging the court to rule against a religiously motivated 2003 amendment to Texas' "Moment of Silence" statute. The amendment added "pray" to the statute's list of activities for students during the moment of silence.
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