School prayer
Encyclopedia
School prayer in its common usage refers to state-approved prayer
by students in state schools. Depending on the country and the type of school, organized prayer may be required, permitted, or prohibited. Countries which prohibit school prayer often differ in their reasons for doing so: In the United States, school prayer is proscribed in accordance with Establishment Clause of the First Amendment
to the United States Constitution
(which provides the foundation for the separation of church and state
); In Canada
, school prayer is disallowed under the concept of Freedom of conscience as outlined in the Canadian Charter on Rights & Fundamental Freedoms
Simultaneously, school prayer is disallowed in France
as a byproduct of its status as a laïcist (religiously neutral) nation. Countries that allow school prayer include Greece
, Iran
, and the United Kingdom
.
, public schools are banned from conducting religious observances such as prayer. The legal basis for this prohibition is the First Amendment
to the United States Constitution, which requires that
, while the second part (“or prohibiting the free exercise thereof”) is known as the Free Exercise Clause
of the First Amendment. Though each of these clauses originally applied only to the central US government
, the Fourteenth Amendment
extended the scope of the entire First Amendment to all levels of government, including the state level—thus compelling states and their subject schools to adopt an equally detached approach to religion
in schools.
since the early 1900s. In the 18th, 19th and early 20th centuries, schools in certain localites of the country customarily opened with an oral prayer
or Bible
reading. Religious minorities would sometimes object to the distinct observations performed in the local schools. For instance, in the Edgerton Bible Case
(Weiss v. District Board (1890)), the Wisconsin Supreme Court
ruled in favor of Catholics who objected to the use of the King James Bible in Wisconsin
public schools. This ruling was based on the state constitution and only applied in Wisconsin, but, like other challenges elsewhere in the country, provided a precedent for federal rulings to come later.
The legal climate for school prayer in the US began to change in 1955, when the New York Board of Regents developed a prayer
recommended (but not required) for the school districts under its purview. Seven years later, Steven I. Engels would bring action against Union Free School District No. 9
for its adoption and subsequent prescription of the so-called "Regent's prayer," arguing that it constituted the state-sponsored establishment of religion in violation of citizens’ First Amendment
rights via the Fourteenth Amendment
. Use of the Regent's prayer would be initially upheld in both New York State Court
and in the New York Court of Appeals
, prompting Engel's to petition the US Supreme Court
.
(1962) and Abington School District v. Schempp
(1963), the US Supreme Court
established what is now the current prohibition on state-sponsored prayer in schools. While the Engel
decision held that the promulgation of an official state-school prayer stood in violation of the First Amendment’s Establishment Clause
(thus overruling the New York Courts
’ decisions), Abington
held that Bible
readings and other (state) school-sponsored religious activities were prohibited. Following these two cases came the Court's decision in Lemon v. Kurtzman
(1971), a ruling that established the Lemon test for religious activities within schools. The Lemon test states that in order to be constitutional under the Establishment Clause of the First Amendment
any practice sponsored within state run schools (or other public, state sponsored activities) must adhere to the following three criteria:
and Abington
were widely negative, where many school districts and states have attempted to reestablish school-sponsored prayer in different forms since 1962. Since the 1990s, controversy in the courts has tended to revolve around prayer at school-sponsored extracurricular activities. Examples can be seen in the cases of Lee v. Weisman
(1992) and Santa Fe Independent School Dist. v. Doe
(2000), where public prayers at graduation ceremonies and those conducted via public address system prior to high school games (at state school facilities before a school-gathered audience) were, respectively, ruled unconstitutional.
Despite their attempts to present a clear stance on school-sponsored religious activity, Engel
, Abington
, and the cases for which these serve as precedent
are cited by some proponents of school prayer as evidence of a contradiction between the Establishment
and Free Exercise
Clauses of the First Amendment
.
While the Establishment Clause
proscribes the state-sponsorship of religion
, the Free Exercise Clause
forbids state interference in individual religious exercise. Where a state entity moves to accommodate the right to individual religious expression under the latter clause, opponents of that “expression” may cite such accommodation as state “promotion” of one religious activity over another. Regarding the Free Exercise Clause
, the courts have consistently stated that students' setting forth of religious views through prayer cannot be forbidden unless such activity can be shown to cause disruption in the school, yet it remains beyond the scope of the state to require such practice.
, the Public Schools Act (1872) permitted the use of the Lord’s Prayer in opening or closing school. In 1944, the government of British Columbia
amended the Public Schools Act to provide for compulsory Bible
reading at the opening of the school day, to be followed by a compulsory recitation of the Lord’s Prayer. This amendment appeared as section 167 of the Public Schools Act, and read as follows:
The compulsory nature of the Bible
reading and prayer recitation was slightly modified by regulations drawn up by the Council of Public Instruction. These regulations provided that either a teacher or student who has conscientious ground for objecting to the religious observances may be excused from them. The procedure to be followed in such cases was outlined in the regulations, which follow in full:
In 1982, the Canadian Charter of Rights and Freedoms
received royal assent. Section 2 of the charter guaranteeing freedom of conscience and freedom of religion trumped Section 167 of the Public Schools Act (1872). Sixteen years later in 1996, based on precedent that would be established in Ontario
(1989), required recitation of the Lord’s Prayer as outlined in the Public Schools Act would be held to violate the Charter of Rights and Freedoms
.
opening and closing exercises occurred mainly in Ontario
with the crucial case being fought in The Ontario Court of Appeal in 1988.
The Ontario Court of Appeal was persuaded by the argument that the need to seek exemption from Christian
exercises is itself a form of religious discrimination. The judges described as insensitive the position of the respondents that it was beneficial for the minority children to confront the fact of their difference from the majority.
challenged, in the British Columbia Supreme Court
, the Public Schools Act’s requirement that in British Columbia
all public schools were to be opened with the Lord’s Prayer and a Bible reading. The argument was similar to the Zylberberg case and the result was the same: The offending words in the Public Schools Act were removed as being inconsistent with freedom of conscience and religion guarantees in the Canadian Charter of Rights and Freedoms
. Further following the Zylberberg case to strike down use of the Lord’s Prayer in schools, the British Columbia Supreme Court
incorporated the Ontario Court of Appeal's decision in Zylberberg in its entirety.
From 1871 to 1989, observance of school prayer had declined.
With the unfavorable court decision, the requirement for Christian
morning exercises was replaced with the following clauses found in the School Act (1996) in British Columbia
.
has no school prayers. Instead, public servants are advised to keep their religious faith private, and may be censured if they display it too openly. The French law on secularity and conspicuous religious symbols in schools
goes beyond restricting prayer in schools and bans the wearing of conspicuous religious symbols by pupils in public primary and secondary schools
.
country of Turkey
is in the public sphere a strongly secular
nation. In this regard, it is much like France
, on whose system of laicism its founder Kemal Atatürk modelled the rules on religion when he reformed his country in the early 20th century. School prayer is therefore unknown, and suspected religious motivations can cause serious difficulties for public servants. Despite its primarily secular stance, however, courses of religion and morals (which are dominantly Islam
ic) are compulsory to all students during the last years of elementary and throughout high school. In these instances, various Islamic prayers and verses are both taught and tested for.
, the School Standards and Framework Act 1998
states that all pupils in state schools must take part in a daily act of collective worship, unless their parents request that they be excused from attending. The majority of these acts of collective worship are required to be "wholly or mainly of a broadly Christian
character", with two exceptions:
Despite there being a statutory requirement for schools to hold a daily act of collective worship, many do not. OFSTED
's 2002-03 annual report, for example, states that 80% of secondary schools are not providing daily worship for all pupils.
, the United States
, Russia
, and Poland
attempt to strike a balance between religious and secular activity in state-sponsored arenas. Some arguments have held that religion in schools is both an effective sociomoral tool as well as a valuable means to psychological stability. On the opposing side, others have argued that prayer has no place in a classroom where impressionable students are continually subject to influence by the majority. The latter kind of claim holds that, to the extent that a public school itself promotes the majority religion, the state is guilty of coercive interference in the lives of the individual.
, some administrations have introduced a "moment of silence
" or "moment of reflection" in which a student may, if he or she wishes to, offer a silent prayer
. The US Supreme Court
decision in Wallace v. Jaffree (1984) held that a moment of silence
in schools for the purpose of individual prayer
or meditation
constituted a valid application of the Free Exercise Clause
, while a moment of silence
for the clear intended purpose of a state-approved devotional activity constituted a violation of the Establishment Clause
. In this same case, the issue of school prayer was further complicated by a distinction made between a public assembly attended by participants of their own free will, and a public event where attendance is legally required. A voluntarily attended Congress
may open sessions with a prayer, but schools full of public pupils may not. Here the US Supreme Court
has interpreted the issue as revolving around the degree of a government’s ability to indoctrinate its citizens. If it appears that participants at a state-sponsored event are more likely to influence the State itself, courts may treat prayer as “legislative prayer.” If, on the other hand, the State is more likely to influence participants at its events, courts may treat prayer as “state-sponsored” prayer and thereby rule it unconstitutional.
(where school prayer was viewed more favorably), students attended either a class in religion
as determined by a minimum of three students or a class in general ethics
and worldview studies. In secular Turkey
, however, primary schools include general ethical instruction with a partial emphasis on nationalism
, social contribution, and world affairs. Turkish secondary education
consists of a system of lycees among which religion is included.
Prayer
Prayer is a form of religious practice that seeks to activate a volitional rapport to a deity through deliberate practice. Prayer may be either individual or communal and take place in public or in private. It may involve the use of words or song. When language is used, prayer may take the form of...
by students in state schools. Depending on the country and the type of school, organized prayer may be required, permitted, or prohibited. Countries which prohibit school prayer often differ in their reasons for doing so: In the United States, school prayer is proscribed in accordance with Establishment Clause of the First Amendment
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
(which provides the foundation for the separation of church and state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
); In Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, school prayer is disallowed under the concept of Freedom of conscience as outlined in the Canadian Charter on Rights & Fundamental Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
Simultaneously, school prayer is disallowed in France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
as a byproduct of its status as a laïcist (religiously neutral) nation. Countries that allow school prayer include Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, Iran
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
, and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, public schools are banned from conducting religious observances such as prayer. The legal basis for this prohibition is the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
to the United States Constitution, which requires that
The first part of the above amendment which reads “Congress shall make no law respecting an establishment of religion” is known as the Establishment Clause
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
, while the second part (“or prohibiting the free exercise thereof”) is known as the Free Exercise Clause
Free Exercise Clause of the First Amendment
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:...
of the First Amendment. Though each of these clauses originally applied only to the central US government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
, the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
extended the scope of the entire First Amendment to all levels of government, including the state level—thus compelling states and their subject schools to adopt an equally detached approach to religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
in schools.
School Prayer Prior to 1962
The issue of school prayer has been debated in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
since the early 1900s. In the 18th, 19th and early 20th centuries, schools in certain localites of the country customarily opened with an oral prayer
Prayer
Prayer is a form of religious practice that seeks to activate a volitional rapport to a deity through deliberate practice. Prayer may be either individual or communal and take place in public or in private. It may involve the use of words or song. When language is used, prayer may take the form of...
or Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
reading. Religious minorities would sometimes object to the distinct observations performed in the local schools. For instance, in the Edgerton Bible Case
Edgerton Bible Case
The Edgerton Bible Case was an important court case involving prayer in public schools in Wisconsin. In the early days of Edgerton, Wisconsin, it was common practice for public school teachers to read aloud from the King James Bible to their students...
(Weiss v. District Board (1890)), the Wisconsin Supreme Court
Wisconsin Supreme Court
The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.-Location:...
ruled in favor of Catholics who objected to the use of the King James Bible in Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
public schools. This ruling was based on the state constitution and only applied in Wisconsin, but, like other challenges elsewhere in the country, provided a precedent for federal rulings to come later.
The legal climate for school prayer in the US began to change in 1955, when the New York Board of Regents developed a prayer
Prayer
Prayer is a form of religious practice that seeks to activate a volitional rapport to a deity through deliberate practice. Prayer may be either individual or communal and take place in public or in private. It may involve the use of words or song. When language is used, prayer may take the form of...
recommended (but not required) for the school districts under its purview. Seven years later, Steven I. Engels would bring action against Union Free School District No. 9
Herricks Union Free School District
The Herricks Union Free School District is a school district located in western Nassau County on Long Island, in New York State. The district lies within the Greater New Hyde Park area and serves a number of communities including Herricks, Garden City Park, Manhasset Hills, Searingtown, North...
for its adoption and subsequent prescription of the so-called "Regent's prayer," arguing that it constituted the state-sponsored establishment of religion in violation of citizens’ First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
rights via the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. Use of the Regent's prayer would be initially upheld in both New York State Court
New York State Unified Court System
The New York State Unified Court System is the official name of the judicial system of New York in the United States. Based in Albany, the New York State Judiciary is a unified state court system that functions under the Chief Judge of the New York Court of Appeals who is its...
and in the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
, prompting Engel's to petition the US Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
1962 and After
In two landmark decisions, Engel v. VitaleEngel v. Vitale
Engel v. Vitale, 370 U.S. 421 , was a landmark United States Supreme Court case that determined that it is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools....
(1962) and Abington School District v. Schempp
Abington School District v. Schempp
Abington Township School District v. Schempp , 374 U.S. 203 , was a United States Supreme Court case argued on February 27–28, 1963 and decided on June 17, 1963...
(1963), the US Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
established what is now the current prohibition on state-sponsored prayer in schools. While the Engel
Engel v. Vitale
Engel v. Vitale, 370 U.S. 421 , was a landmark United States Supreme Court case that determined that it is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools....
decision held that the promulgation of an official state-school prayer stood in violation of the First Amendment’s Establishment Clause
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
(thus overruling the New York Courts
New York State Unified Court System
The New York State Unified Court System is the official name of the judicial system of New York in the United States. Based in Albany, the New York State Judiciary is a unified state court system that functions under the Chief Judge of the New York Court of Appeals who is its...
’ decisions), Abington
Abington School District v. Schempp
Abington Township School District v. Schempp , 374 U.S. 203 , was a United States Supreme Court case argued on February 27–28, 1963 and decided on June 17, 1963...
held that Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
readings and other (state) school-sponsored religious activities were prohibited. Following these two cases came the Court's decision in Lemon v. Kurtzman
Lemon v. Kurtzman
Lemon v. Kurtzman, 403 U.S. 602 , was a case in which the Supreme Court of the United States ruled that Pennsylvania's 1968 Nonpublic Elementary and Secondary Education Act, which allowed the state Superintendent of Public Instruction to reimburse nonpublic schools for the salaries of teachers who...
(1971), a ruling that established the Lemon test for religious activities within schools. The Lemon test states that in order to be constitutional under the Establishment Clause of the First Amendment
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
any practice sponsored within state run schools (or other public, state sponsored activities) must adhere to the following three criteria:
- Have a secular purpose;
- Must neither advance nor inhibit religion; and
- Must not result in an excessive entanglement between government and religion.
Controversy
Reactions to EngelEngel v. Vitale
Engel v. Vitale, 370 U.S. 421 , was a landmark United States Supreme Court case that determined that it is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools....
and Abington
Abington School District v. Schempp
Abington Township School District v. Schempp , 374 U.S. 203 , was a United States Supreme Court case argued on February 27–28, 1963 and decided on June 17, 1963...
were widely negative, where many school districts and states have attempted to reestablish school-sponsored prayer in different forms since 1962. Since the 1990s, controversy in the courts has tended to revolve around prayer at school-sponsored extracurricular activities. Examples can be seen in the cases of Lee v. Weisman
Lee v. Weisman
Lee v. Weisman, 505 U.S. 577 , was a United States Supreme Court decision regarding school prayer. It was the first major school prayer case decided by the Rehnquist Court. It involved prayers led by religious authority figures at public school graduation ceremonies...
(1992) and Santa Fe Independent School Dist. v. Doe
Santa Fe Independent School Dist. v. Doe
Santa Fe Independent School Dist. v. Doe, 530 U.S. 290 , was a case heard before the United States Supreme Court. It ruled that a policy permitting student-led, student-initiated prayer at high school football games violates the Establishment Clause of the First Amendment. Oral arguments were heard...
(2000), where public prayers at graduation ceremonies and those conducted via public address system prior to high school games (at state school facilities before a school-gathered audience) were, respectively, ruled unconstitutional.
Despite their attempts to present a clear stance on school-sponsored religious activity, Engel
Engel v. Vitale
Engel v. Vitale, 370 U.S. 421 , was a landmark United States Supreme Court case that determined that it is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools....
, Abington
Abington School District v. Schempp
Abington Township School District v. Schempp , 374 U.S. 203 , was a United States Supreme Court case argued on February 27–28, 1963 and decided on June 17, 1963...
, and the cases for which these serve as precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
are cited by some proponents of school prayer as evidence of a contradiction between the Establishment
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
and Free Exercise
Free Exercise Clause of the First Amendment
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:...
Clauses of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
While the Establishment Clause
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
proscribes the state-sponsorship of religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, the Free Exercise Clause
Free Exercise Clause of the First Amendment
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:...
forbids state interference in individual religious exercise. Where a state entity moves to accommodate the right to individual religious expression under the latter clause, opponents of that “expression” may cite such accommodation as state “promotion” of one religious activity over another. Regarding the Free Exercise Clause
Free Exercise Clause of the First Amendment
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:...
, the courts have consistently stated that students' setting forth of religious views through prayer cannot be forbidden unless such activity can be shown to cause disruption in the school, yet it remains beyond the scope of the state to require such practice.
British Columbia
Prior to 1944, in British ColumbiaBritish Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, the Public Schools Act (1872) permitted the use of the Lord’s Prayer in opening or closing school. In 1944, the government of British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
amended the Public Schools Act to provide for compulsory Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
reading at the opening of the school day, to be followed by a compulsory recitation of the Lord’s Prayer. This amendment appeared as section 167 of the Public Schools Act, and read as follows:
167. All public schools shall be opened by the reading, without explanation or comment, of a passage of Scripture to be selected from readings prescribed or approved by the Council of Public Instruction. The reading of the passage of Scripture shall be followed by the recitation of the Lord’s Prayer, but otherwise the schools shall be conducted on strictly secular and non-sectarian principles. The highest morality shall be inculcated, but no religious dogma or creed shall be taught. 1948, c.42, s.167
The compulsory nature of the Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
reading and prayer recitation was slightly modified by regulations drawn up by the Council of Public Instruction. These regulations provided that either a teacher or student who has conscientious ground for objecting to the religious observances may be excused from them. The procedure to be followed in such cases was outlined in the regulations, which follow in full:
Division (15)—Scripture Readings (Section 167)
15.01 Where a teacher sends a written notice to the Board of School Trustees or official trustee by whom he is employed that he has conscientious objections to conducting the. ceremony of reading prescribed selections from the Bible and reciting the Lord’s Prayer (as provided by Section 167 of the Public Schools Act), he shall be excused from such duty, and in such case it shall be the duty of the Board of School Trustees or official trustee concerned to arrange with the Principal to have the ceremony conducted by some other teacher in the school, or by a school trustee, or, where neither of these alternatives is possible, by one of the senior pupils of the school or by some other suitable person other than an ordained member of a religious sect or denomination.
15.02 Where the parent or guardian of any pupil attending a public school sends a written notice to the teacher of the pupil stating that for conscientious reasons he does not wish the pupil to attend the ceremony of reading prescribed selections from the Bible and reciting the Lord’s Prayer at the opening of school, the teacher shall excuse the pupil from attendance at such ceremony and at his discretion may assign the pupil some other useful employment at school during that period, but the pupil so excused shall not be deprived of any other benefits of the school by reason of his non-attendance at the ceremony.
In 1982, the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
received royal assent. Section 2 of the charter guaranteeing freedom of conscience and freedom of religion trumped Section 167 of the Public Schools Act (1872). Sixteen years later in 1996, based on precedent that would be established in Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
(1989), required recitation of the Lord’s Prayer as outlined in the Public Schools Act would be held to violate the Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Ontario
The challenges to ChristianChristian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
opening and closing exercises occurred mainly in Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
with the crucial case being fought in The Ontario Court of Appeal in 1988.
Zylberberg v. Sudbury Board of Education (Director) The Ontario Court of Appeal ruled that the use of the Lord’s Prayer in opening exercises in public schools offended the Charters. 2(a). 1988. (1988), 65 O.R. (2d) 641, 29 O.A.C. 23 (C.A.). Education regulations did not require the use of the Lord's PrayerLord's PrayerThe Lord's Prayer is a central prayer in Christianity. In the New Testament of the Christian Bible, it appears in two forms: in the Gospel of Matthew as part of the discourse on ostentation in the Sermon on the Mount, and in the Gospel of Luke, which records Jesus being approached by "one of his...
and there was an exemption provision. The Ontario Court of Appeal ruled that the regulation infringed religious freedom because schools could use only the Lord's PrayerLord's PrayerThe Lord's Prayer is a central prayer in Christianity. In the New Testament of the Christian Bible, it appears in two forms: in the Gospel of Matthew as part of the discourse on ostentation in the Sermon on the Mount, and in the Gospel of Luke, which records Jesus being approached by "one of his...
rather than a more inclusive approach. It was argued that the exemption provision effectively stigmatized children and coerced them into a religious observance which was offensive to them.
The Ontario Court of Appeal was persuaded by the argument that the need to seek exemption from Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
exercises is itself a form of religious discrimination. The judges described as insensitive the position of the respondents that it was beneficial for the minority children to confront the fact of their difference from the majority.
Russow v. British Columbia
In 1989, Joan RussowJoan Russow
Joan Elizabeth Russow is a Canadian peace activist and former national leader of the Green Party of Canada from 1997 to 2001.-Early career:...
challenged, in the British Columbia Supreme Court
Supreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...
, the Public Schools Act’s requirement that in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
all public schools were to be opened with the Lord’s Prayer and a Bible reading. The argument was similar to the Zylberberg case and the result was the same: The offending words in the Public Schools Act were removed as being inconsistent with freedom of conscience and religion guarantees in the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. Further following the Zylberberg case to strike down use of the Lord’s Prayer in schools, the British Columbia Supreme Court
Supreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...
incorporated the Ontario Court of Appeal's decision in Zylberberg in its entirety.
From 1871 to 1989, observance of school prayer had declined.
With the unfavorable court decision, the requirement for Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
morning exercises was replaced with the following clauses found in the School Act (1996) in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
.
Conduct:
76 (1) All schools and Provincial schools must be conducted on strictly secular and nonsectarian principles.
(2) The highest morality must be inculcated, but no religious dogma or creed is to be - taught in a school or Provincial school.
France
As a declared 'laïcist' (roughly 'religiously neutral', secular) state, FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
has no school prayers. Instead, public servants are advised to keep their religious faith private, and may be censured if they display it too openly. The French law on secularity and conspicuous religious symbols in schools
French law on secularity and conspicuous religious symbols in schools
The French law on secularity and conspicuous religious symbols in schools bans wearing conspicuous religious symbols in French public primary and secondary schools...
goes beyond restricting prayer in schools and bans the wearing of conspicuous religious symbols by pupils in public primary and secondary schools
Secondary education in France
In France, secondary education is in two stages:* collèges cater for the first four years of secondary education from the ages of 11 to 14...
.
Turkey
The predominantly MuslimMuslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
country of Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
is in the public sphere a strongly secular
Secular state
A secular state is a concept of secularism, whereby a state or country purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state also claims to treat all its citizens equally regardless of religion, and claims to avoid preferential...
nation. In this regard, it is much like France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, on whose system of laicism its founder Kemal Atatürk modelled the rules on religion when he reformed his country in the early 20th century. School prayer is therefore unknown, and suspected religious motivations can cause serious difficulties for public servants. Despite its primarily secular stance, however, courses of religion and morals (which are dominantly Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic) are compulsory to all students during the last years of elementary and throughout high school. In these instances, various Islamic prayers and verses are both taught and tested for.
United Kingdom
In England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, the School Standards and Framework Act 1998
School Standards and Framework Act 1998
The School Standards and Framework Act 1998 was the major education legislation passed by the incoming Labour government of Tony Blair.This Act:* imposed a limit of 30 on infant class sizes....
states that all pupils in state schools must take part in a daily act of collective worship, unless their parents request that they be excused from attending. The majority of these acts of collective worship are required to be "wholly or mainly of a broadly Christian
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
character", with two exceptions:
- Religious schools, which should provide worship appropriate to the school's religion (although most religious schools in the UK are Christian.)
- Schools where the Local Education AuthorityLocal Education AuthorityA local education authority is a local authority in England and Wales that has responsibility for education within its jurisdiction...
's Standing Advisory Council on Religious EducationStanding Advisory Council on Religious EducationA Standing Advisory Council on Religious Education is an independent body which considers the provision of religious education in the area under the jurisdiction of its Local Authority, advising it and empowered to require a review of the locally agreed syllabus for Religious Education...
has determined that Christian worship would not be appropriate for part or all of the school.
Despite there being a statutory requirement for schools to hold a daily act of collective worship, many do not. OFSTED
Ofsted
The Office for Standards in Education, Children's Services and Skills is the non-ministerial government department of Her Majesty's Chief Inspector of Schools In England ....
's 2002-03 annual report, for example, states that 80% of secondary schools are not providing daily worship for all pupils.
Arguments for and against school prayer
The issue of school prayer remains contentious even where courts as diverse as those in CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, and Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
attempt to strike a balance between religious and secular activity in state-sponsored arenas. Some arguments have held that religion in schools is both an effective sociomoral tool as well as a valuable means to psychological stability. On the opposing side, others have argued that prayer has no place in a classroom where impressionable students are continually subject to influence by the majority. The latter kind of claim holds that, to the extent that a public school itself promotes the majority religion, the state is guilty of coercive interference in the lives of the individual.
A Moment of Silence
Despite ongoing debate, there are some instances where religious freedom and secular stability have been temporarily balanced. In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, some administrations have introduced a "moment of silence
Moment of silence
A moment of silence is the expression for a period of silent contemplation, prayer, reflection, or meditation. Similar to flying a flag at half-mast, a moment of silence is often a gesture of respect, particularly in mourning for those who have recently died or as part of a commemoration ceremony...
" or "moment of reflection" in which a student may, if he or she wishes to, offer a silent prayer
Prayer
Prayer is a form of religious practice that seeks to activate a volitional rapport to a deity through deliberate practice. Prayer may be either individual or communal and take place in public or in private. It may involve the use of words or song. When language is used, prayer may take the form of...
. The US Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision in Wallace v. Jaffree (1984) held that a moment of silence
Moment of silence
A moment of silence is the expression for a period of silent contemplation, prayer, reflection, or meditation. Similar to flying a flag at half-mast, a moment of silence is often a gesture of respect, particularly in mourning for those who have recently died or as part of a commemoration ceremony...
in schools for the purpose of individual prayer
Prayer
Prayer is a form of religious practice that seeks to activate a volitional rapport to a deity through deliberate practice. Prayer may be either individual or communal and take place in public or in private. It may involve the use of words or song. When language is used, prayer may take the form of...
or meditation
Meditation
Meditation is any form of a family of practices in which practitioners train their minds or self-induce a mode of consciousness to realize some benefit....
constituted a valid application of the Free Exercise Clause
Free Exercise Clause of the First Amendment
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:...
, while a moment of silence
Moment of silence
A moment of silence is the expression for a period of silent contemplation, prayer, reflection, or meditation. Similar to flying a flag at half-mast, a moment of silence is often a gesture of respect, particularly in mourning for those who have recently died or as part of a commemoration ceremony...
for the clear intended purpose of a state-approved devotional activity constituted a violation of the Establishment Clause
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
. In this same case, the issue of school prayer was further complicated by a distinction made between a public assembly attended by participants of their own free will, and a public event where attendance is legally required. A voluntarily attended Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
may open sessions with a prayer, but schools full of public pupils may not. Here the US Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
has interpreted the issue as revolving around the degree of a government’s ability to indoctrinate its citizens. If it appears that participants at a state-sponsored event are more likely to influence the State itself, courts may treat prayer as “legislative prayer.” If, on the other hand, the State is more likely to influence participants at its events, courts may treat prayer as “state-sponsored” prayer and thereby rule it unconstitutional.
Other Methods of Moral Instruction
A 1995 report by the ACLU concluded, of 70 countries surveyed, only 11 governments favored prayer in school, with the majority opposing the practice. Nonetheless, in light of standards similar to that of the Lemon test as well as general approval by some local populations, schools have continued to promote the moral education of their students through a variety of secular and legislatively restricted religious means. In FinlandFinland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
(where school prayer was viewed more favorably), students attended either a class in religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
as determined by a minimum of three students or a class in general ethics
Ethics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
and worldview studies. In secular Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, however, primary schools include general ethical instruction with a partial emphasis on nationalism
Nationalism
Nationalism is a political ideology that involves a strong identification of a group of individuals with a political entity defined in national terms, i.e. a nation. In the 'modernist' image of the nation, it is nationalism that creates national identity. There are various definitions for what...
, social contribution, and world affairs. Turkish secondary education
Secondary education
Secondary education is the stage of education following primary education. Secondary education includes the final stage of compulsory education and in many countries it is entirely compulsory. The next stage of education is usually college or university...
consists of a system of lycees among which religion is included.
See also
- Freedom of religionFreedom of religionFreedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
- Moment of silenceMoment of silenceA moment of silence is the expression for a period of silent contemplation, prayer, reflection, or meditation. Similar to flying a flag at half-mast, a moment of silence is often a gesture of respect, particularly in mourning for those who have recently died or as part of a commemoration ceremony...
- Madalyn Murray O'HairMadalyn Murray O'HairMadalyn Murray O'Hair was an American atheist activist and founder of the organization American Atheists and its president from 1963 to 1986. One of her sons, Jon Garth Murray, was the president of the organization from 1986 to 1995, while she remained de facto president during these nine years....
- Separation of church and stateSeparation of church and stateThe concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
- Status of religious freedom by countryStatus of religious freedom by country-Afghanistan:The current government of Afghanistan has only been in place since 2002, following a U.S.-led invasion which displaced the former Taliban government...