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The religious liberty clauses of the First Amendment are two sides of one coin; they work together to protect religious liberty. The legal definitions of these clauses are highly contested in the courts, although there are some basic rules of thumb that can be applied by schools and school officials.
- The Establishment Clause bars the school or school official from promoting or inhibiting religious beliefs or non-belief. Schools may not sponsor or lead prayer or other religious activities; lessons and school activities must arise from secular and academic motives.
- The Free Exercise Clause protects students' religious expression (i.e., religious speech, act, attire, diet, or other restrictions), but may be limited when order and safety are at risk.
For more detailed information, see Establishment Clause, Free Exercise Clause, and Online Resources.
The Williamsburg Charter offers another approach to understanding the complex meaning of these clauses. In 1988, this document was jointly authored by political leaders, scholars, and leaders from America's religious communities. They had gathered to address the mounting tensions in the nation's culture wars over religious liberty issues, and to recommit Americans to these constitutional principles.
You will find the Charter's Summary of Principles here. You may use it as a primary document to explore these issues with your students from the perspective of its three main underlying principles: rights, responsibilities and respect. The Charter asserts that a just and secure society can only exist when each group and individual assumes responsibility to protect the rights of all, regardless of differing opinions. The summary points out that "how we debate, and not what we debate, is critical" to a robust society.1 The DVD provides an example of the mutual respect that is necessary to permit robust dialogue and debate.
Next Section -RIGHTS TO AND RESPONSIBILITIES FOR RELIGIOUS FREEDOM
1 The Williamsburg Charter: Summary of Priniciples.
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