August 25, 2003: ACLU-TN Alerts School Superintendents about Religious Freedom

For Immediate Release
August 25, 2003

For More Information, Contact
Hedy Weinberg, 615-320-7142

ACLU-TN Alerts Public School Superintendents to Importance of Religious Freedom Guarantees

Nashville - Citing frequent complaints received in their office about public school-sponsored religious activities, the American Civil Liberties Union of Tennessee (ACLU-TN) sent letters to school superintendents across the state explaining the importance of the religious freedom guarantees of the First Amendment.

According to ACLU-TN Executive Director Hedy Weinberg, "The purpose of the First Amendment is not to prohibit religious expression, but to preserve the freedom to worship or not as one chooses. Our experience is that many educators and administrators are unfamiliar with legal constraints on religion in government-sponsored activities. The letter and the accompanying materials are intended to tell them what federal law does and does not permit with respect to religious activities in public schools."

The ACLU-TN's letter explains that the Establishment Clause of the First Amendment prohibits government from encouraging (“establishing”) religion in any way. The U.S. Supreme Court has long held that this basic provision of our Constitution forbids school-sponsored prayers, even when: prayers are voluntary or students have the option of being excused [School District Of Abington Township v. Schempp (1963), Engel v. Vitale (1962)]; students vote in favor of holding prayers in conjunction with school events [Santa Fe Independent School District v. Doe (2000)]; prayers are nonsectarian or non-proselytizing [Lee v. Weisman (1992)]; and students are asked to observe a moment of silence for the purpose of praying in their own manner [Wallace v. Jaffree (1985)].

In addition, the ACLU-TN letter explains that the Free Exercise Clause of the First Amendment protects students’ rights to: 1) pray in school, as long as they do not disrupt educational activities or compel others to pray along with them; and 2) organize religious clubs and groups, as long as activities take place during non-school hours, school officials aren’t involved in running the group, and any school facilities that are used are made equally available to all student groups.

Weinberg concludes, "In the midst of the war in Iraq and the aftermath of the horrors of 9-11, many students and staff are calling upon their faith to support and orient them. ACLU-TN's aim is to ensure they can do this in a free and unprejudiced environment. If concerned parents report to us that their children’s schools are promoting religious doctrines, we will attempt to work with school administrators to resolve the problem. Our wish is to avoid unnecessary legal conflicts."