The Establishment Clause and Public Schools

Abstract

The purpose of this report is to explore and elucidate the application of the Establishment Clause to the activities of U.S. public schools, primarily through an examination of relevant case law. It is intended to facilitate an understanding of the fundamental principles and nuances of this legal issue throughout its history. The first sections offer a glimpse of the history of the Establishment Clause itself, including a discussion of the historic Supreme Court cases that laid the foundation off of which many of the decisions to be examined are built. Subsequent sections, organized by specific issue, analyze Establishment Clause cases that involve public schools, and have two primary objectives: to determine established precedents, and to discover trends and inconsistencies. Specific issues addressed include evolution and creationism in curricula, released time programs, prayer in class, and recitation of the Pledge of Allegiance.