Early (19th century) case law upheld the class period of compulsory Bible version in the man take aims, Donahoe v. Richards, 38 Me. 379 (1854). The first case holding otherwise was State ex rel. Weiss v. District Board, 44 N.W. 967 (Wis. 1890). The leading 20th century cases ar Engel v. Vitale, 370 U.S. 421, 425, in which the Court said: "it is no part of the telephone line of government to compose official prayers for any group of the American people to recite as a part of a religious program carried on by government" and Wallace v. Jaffree, 472 U.S. 38 (1985), in which the Court struck depressed state statutes low which duration was set aside in the public schools for hypothesis or silent prayer. This followed Abington School District v. Schnepp, 374 U.S. 203 (1963) which struck subdue a state statute and public school policies requiring the reading of the Bible or the reciting of the Lord's Prayer in classrooms. In rock-and-roll v. Graham, 449 U.S. 39 (1980), the Court ruled that the compulsory posting on bulletin boards in the public schools of the Ten Commandments violated the presidency clause. Tribe says that the net result of these cases is that "prayer as an established part of the official school day is always disallow" (1988, p. 1169). In a recent decision, Lee v. Weisman, 505 U.S. 577 (1992), struck down a non-sectarian prayer offered at a public school graduati
Widmark v. Vincent, 454 U.S. 263 (1981).
on ceremony precondition by a Jewish rabbi.
The Court has tread more warily in other establishment clause celestial orbits. It tabu in McCollum v. Board of Education, 333 U.S. 303 (1948 school-sponsored venthole time for prayer on public school premises) but in Zorach v. Clauson, 333 U.S. 203 (1948) upheld the constitutionality of school release times to permit students on a non-discriminatory basis to learn off-campus religious instruction or to attend services and in Widmark v.
Vincent, 454 U.S. 263 (1981) held that a state college must allow religious groups to use its facilities. the 1984 Equal Access Act, 20 U.S.C., sec. 4021 et seq. requires all groups, including religious sects, to gestate equal access to public school facilities. In Epperson v. Arkansas, 393 U.S. 97 (1968) and in Edwards v. Aguillard, 107 S.Ct. 2573 (1987), it struck down state statutes requiring equal time for teaching evolution and anti-evolution doctrines on the theory that "where religion is concerned, the public schools may and should educate but they may non indoctrinate. Schools should teach, not preach" (Natal & Strossen, 1995, p. 618).
Religious Freedom Restoration Act of 1993, 42 U.S.C. sec. 2000 LL (1993).
Lee v. Weisman, 505 U.S. 577 (1992).
Outer Limits of the Establishment Clause.
The law in this area is far from settled.
Religious issues are a major intentness in the public schools. The permissible parameters of school policies to sponsor or aid religious students and schools or to limit them are
rotter v. Kurtzman, 403 U.S. 602 (1971).
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