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Question

Establishment clause

F‌‍‍‌‌‍‌‌‌‌‌‍‍‍‌‌‌‌‍ollowing the Kennedy case (which involved a Coach praying at mid-field following games), how would the Court rule on these two cases:

1) A public school principal conducts prayer breakfasts before school starts in the school cafeteria. Is this permissible free exercise or is there an Establishment clause issue here?

2) Before a school production of "Romeo and Juliet," the drama teacher, who is Hindu, conducts a small pray‌‍‍‌‌‍‌‌‌‌‌‍‍‍‌‌‌‌‍er backstage. Textbook: L. Epstein and T. Walker. 2015. Constitutional Law for a Changing America: A SHORT COURSE. 7th ed Pages: Speech: Chapter 13 (note box on 439) Schenck v U.S. (1919), Texas v Johnson (1989), Tinker v Des Moines (1967), Morse v Frederick (2007), Snyder v Phelps (2011) Press: Chapter 14 Near v. Minnesota (1931), New York Times v US [Pentagon Papers case] (1971), Miller v CA (1973), Reno v ACLU (1997‌‍‍‌‌‍‌‌‌‌‌‍‍‍‌‌‌‌‍)

Expert Solution

Conducting prayers in public schools is complex as it cuts across three clauses (establishment clause, free speech, or free exercise) under the first amendment. However, in the first amendment, under the establishment clause, school principals and teachers are not permitted to lead prayers as it violates the establishment clause.

The first case concerns a school principal's permission to conduct prayers before school starts. In this case, according to the establishment clause, the principal is not permitted to lead, participate, organize, direct or motivate students to join in prayer (Epstein, McGuire, and Walker). In the Lee V. Weidman case, the court concluded that leading students in prayer creates a notion of endorsing a particular religion, limiting the students' freedom of religion (Epstein, McGuire, and Walker). It is not legally right for the school principal to lead prayers each day before the beginning of classes as it violates the establishment clause by promoting a particular religion in the school.

In the second case, the Hindu teacher conducting prayers before the production of "Romeo and Juliet" drama also violated the first amendment, the establishment clause, which prohibits the establishment of a religion in public government sectors. In the case of Santa Fe V.US, the court concluded that prayers conducted before the start of a match violated the establishment clause (Epstein, McGuire, and Walker). The ruling limited public schools' ability to integrate religious teachings at school. Although religious speech is protected under the first amendment, integrating prayers in school could compromise the student's freedom of worship (Epstein, McGuire, and Walker). The constitution prevents teachers from actively participating in encouraging or discouraging prayers, but they can get involved in such activities if led by students.

Under the first amendment, school principals and teachers are not permitted to lead prayers as it violates the establishment clause. Therefore, the principal or teacher could have allowed the student to decide whether to conduct a prayer before the drama productions and the beginning of school or not without actively leading the prayer.

Works cited

Epstein, Lee, Kevin T. McGuire, and Thomas G. Walker. Constitutional Law for a Changing America: A Short Course. Cq Press, 2020.

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