In my series of "constitutional misconceptions" I've talked about people misunderstanding freedom of speech, freedom of religion, and diplomatic immunity. Now I'll return to the topic of freedom of religion and address the concept of "separation of church and state."
"Separation of church and state" is a concept derived from the Establishment Clause, which provides: "Congress shall make no law respecting an establishment of religion..." This part of the First Amendment prohibits the government from establishing an official state religion or endorsing any religion over any other. Unfortunately, some people don't know the meaning behind "separation of church and state" and so interpret it to broadly as mandating a total lack of religion in any government sponsored activity, such as school. This interpretation is not correct.
The Des Moines Register has a story about a shop teacher who doesn't understand what "separation of church and state" really is. Apparently, during a free assignment, one of his students (a practicing Wiccan) decided to create an altar. The teacher, uncomfortable with the books on witchcraft the student was bringing to class, told him he could no longer work on the altar in class.
The article tells us the teacher's true motivations:
Luckily, the school district took the right actions by recognizing the illegitimacy of the teacher's actions and placing him on paid leave until they figured out how to remedy the situation.
(H/T to Eugene Volokh at the Volokh Conspiracy)
"Separation of church and state" is a concept derived from the Establishment Clause, which provides: "Congress shall make no law respecting an establishment of religion..." This part of the First Amendment prohibits the government from establishing an official state religion or endorsing any religion over any other. Unfortunately, some people don't know the meaning behind "separation of church and state" and so interpret it to broadly as mandating a total lack of religion in any government sponsored activity, such as school. This interpretation is not correct.
The Des Moines Register has a story about a shop teacher who doesn't understand what "separation of church and state" really is. Apparently, during a free assignment, one of his students (a practicing Wiccan) decided to create an altar. The teacher, uncomfortable with the books on witchcraft the student was bringing to class, told him he could no longer work on the altar in class.
The article tells us the teacher's true motivations:
"It scares me. I'm a Christian," [the teacher] said. "This witchcraft stuff - it's terrible for our kids. It takes kids away from what they know, and leads them to a dark and violent life. We spend millions of tax dollars trying to save kids from that."However, the teacher also put it in these terms:
"But this kid was practicing his religion during class time, and I don't agree."Of course, the teacher is misunderstanding the doctrine of separation of church and state. It prevents official state action in support of a religion, not a student choosing to fulfill an assignment in a religious way. By forbidding religious practice that did not violate the Establishment Clause, the teacher ran afoul of the Free Exercise Clause, which provides: "Congress shall make no law...prohibiting the free exercise [of religion]."
Halferty said he previously told another student he could not build a cross in shop class because he believes in the separation of church and state. "I don't want any religious symbols in the shop," he said.
Luckily, the school district took the right actions by recognizing the illegitimacy of the teacher's actions and placing him on paid leave until they figured out how to remedy the situation.
(H/T to Eugene Volokh at the Volokh Conspiracy)
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