Religion
A Constitutional Framework for Addressing Religious Viewpoints in Public Classrooms
Edward Correia
ACS is pleased to distribute an Issue Brief by Edward Correia, Washington D.C. attorney and adjunct professor at American University's Washington College of Law, entitled, “A Constitutional Framework for Addressing Religious Viewpoints in Public School Classrooms.”
In the debate over the constitutional separation of church and state in the U.S., one ongoing issue is how religious viewpoints may be addressed in our nation’s public schools. In this paper, the author takes on this sometimes controversial subject by reviewing various possible approaches and examining those approaches in light of the legal precedent in this area of the law. Throughout the paper, the author uses the specific examples of the teaching of creationism, intelligent design, and evolution in science class to illustrate community tensions over these issues and to convey his views on what is constitutionally permissible and what is not. Correia concludes by arguing that it is possible to distinguish among three distinct classroom approaches in specific course contexts: acknowledging religious beliefs, explaining religious beliefs and endorsing religious beliefs. Under his approach, the first is always constitutionally permissible, the second may be permissible depending upon the context, and the third fails to pass constitutional muster. He advocates a thoughtful, nuanced approach that respects religious freedom, diversity and tolerance while advocating compliance with the Constitution’s prohibition on the State establishment of religion.
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| Correia Religious Viewpoints Issue Brief.pdf | 125.14 KB |
ACS Releases Papers from "The Religion Clauses in the 21st Century" Symposium
ACS and the West Virginia Law Review are pleased to announce that the papers written for “The Religion Clauses in the 21st Century” symposium held at the West Virginia University College of Law are now available.
Written by scholars in the law of church and state, the symposium papers reflect a variety of perspectives on issues organized according to these themes: “The Religion Clauses in Institutional Contexts,” “Government Religious Expression,” “Accommodation of Religion,” and “Religion and Politics.” Two of the papers reflect the views of the featured speakers: Florida State University Law Professor Steven Gey’s piece prepares us for “Life After the Establishment Clause” while University of Michigan Law Professor Douglas Laycock’s article explores the topic of “Substantive Neutrality Revisited.” The set of articles was published in Fall 2007 in Volume 110 of the West Virginia Law Review, which is dedicated to Professor Gey.
2007 ACS National Convention Breakout Session Discusses "The Establishment Clause and Standing: Injury and Enforcement "
Although some predicted that the Supreme Court would directly overturn its precedent in Flast v. Cohen, which held that taxpayers have standing to bring Establishment Clause challenges to government spending, the Court did not go quite that far this term. Yet in Hein v. Freedom from Religion Foundation, the Court denied standing, shielding the Bush Administration's faith-based initiatives from taxpayer challenges on the ground that Flast applies only to programs funded by express Congressional enactment. Experts on church-state law explore the issue of standing, grounding the discussion in practical examples such as government displays of religious symbols and state funding of faith-based organizations. What is the practical effect of Hein? Does the Court's decision shed first light on how the Roberts Court is likely to approach the law of church and state? What additional challenges are likely to be brought in this area of law?
2007 ACS National Convention: Religion Clauses Sessions
At this year’s ACS National Convention, July 26-28, the Religion Clauses Issue Group sponsored a timely session addressing Establishment Clause standing. The issue group also met for a planning session on Friday, July 27th from 5:45-6:45 pm.
The Establishment Clause and Standing: Injury and Enforcement
Although some predicted that the Supreme Court would directly overturn its precedent in Flast v. Cohen, which held that taxpayers have standing to bring Establishment Clause challenges to government spending, the Court did not go quite far this term. Yet in Hein v. Freedom from Religion Foundation, the Court denied standing, shielding the Bush Administration's faith-based initiatives from taxpayer challenges on the ground that Flast applies only to programs fudned by express Congressional enactment. Experts on church-state law explored the issue of standing, grounding the discussion in practical examples such as government displays of religious symbols and state funding of faith-based organizations. What is the practical effect of Hein? Does the Court's decision shed first light on how the Roberts Court is likely to approach the law of church and state?
May 17, The Future of the Freedom of Religion: A Dialogue
On Thursday, May 17, ACS, the Interdisciplinary Program in Law & Religion at the Catholic University School of Law, and Sidley Austin LLP co-sponsored a day-long conference on "The Future of the Freedom of Religion: A Dialogue," held at the law firm of Sidley Austin LLP in Washington, D.C. For a copy of the event program, please click here. The event featured legal experts who bring a range of viewpoints in the fields of freedom of religion and the separation of church and state on a broad range of topics.
