2017

Winter Holiday Rules

No candy canes
No santa claus
No reindeer
No mistletoe
No Christmas trees
No fun

Arguing:
- Religious Holiday Displays
in School (Public Property)
 Separation of Church and State
First Amendment

The First Amendment provides that "Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise thereof."

Amendment has two provisions concerning religion:

First, the Establishment Clause prohibits laws requiring that anyone accept
any belief or creed or the practice of any form of worship. Courts have relied
on the Establishment Clause to nullify merous practices in public schools, for
instance, displaying religious symbols.

Second, the Free Exercise Clause safeguards the freedom to engage in a

chosen form of religion. Again, practices in the public schools have produced
a host of litigation on this clause of the First Amendment.
The courts have interpreted the Establishment Clause of the First
Amendment to mean that public schools cannot promote religious or
antireligious beliefs.
However, almost every school and classroom has a holiday display.
It has been argued that observing the holiday season in such a
fashion is a form of governmental support for religion.
The converse argument is that government neutrality does not mean
that government must be an antagonist toward religion.

?
Does celebrating with Christmas, or use of religious symbols
in Christmas celebrations in Public school comply with the First
Amendment's principle of the separation of church and state?
 Clever v. Cherry Hill Township School District. (1993)
Facts:
Taxpayers and parents in Cherry Hill, New Jersey challenged the policies of the
Cherry Hill Board of Education which regulated the use of ‘cultural, ethnic and religious
themes in school programs. The school used religious symbols in Christmas programs,
Christmas displays and in classroom activities and displays. The plaintiffs wanted the use of
religious symbols to be banned in the school.

In defending its policy, the school district indicated that its purpose was the “advancement
of students’ knowledge about our society’s cultural, ethnic and religious diversity” from
its “diverse community with a variety of cultural, ethnic, and religious backgrounds.”

Reasoning:
The court dismissed the lawsuit and ruled that religion is an acceptable subject of
study in schools and that the use of religious symbols to teach about religion must be treated
as normal and constitutional activity – including on the occasion of religious holidays.

The judge underscored the importance of studying different religious traditions in a

nation as culturally diverse as the United States. He also pointed out that there were a
number of important factors which caused the use of religious symbols to be permissible;
they occurred in a generally secular context, the displays were only erected for a short
period of time, they were passive (no students were expected to participate in anything
religious), and there was an absence of any preference for any particular denomination.
 Religious Diversity in Classrooms
- 4:30

https://study.com/academy/lesson/religious-diversity-in-
classrooms.html