Understanding the First Amendment’s Impact on Religious Freedom in Education
"Religion, Education, and First Amendment Rights: Bridging the Gap of Truth"
By Marla Benavides
After reading an opinion piece written by Stephen Sawchuk in Education Week, I can’t help but feel that many contemporary writers lack distinction. Firstly, his title contains grammatical errors, and secondly, the majority of individuals lack a clear understanding of the Establishment Clause within the First Amendment.
The United States Bill of Rights, passed in 1789 and ratified in 1791, contains the First Amendment which reads as follows:
1. “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” (In simple terms, Congress should not pass laws recognizing or preventing the practice of religion.)
2. “or abridging the freedom of speech, or the right of the people peaceably to assemble, and petition the Government for a redress of grievances.” (This means Congress cannot restrict or curtail freedom of speech, the right of people to gather peacefully, and their ability to petition the Government to address their concerns.)
Drawing upon my legal background, it’s important to understand that the two clauses in this sentence, commonly known as the Establishment Clause and Free Exercise Clause, divide the constitutional principle of religious freedom into distinct doctrinal realms.
In simpler terms, the Establishment Clause prevents the government from showing favoritism towards any specific religion or group of religions, as well as from giving preference to religion over non-religion. This clause sets boundaries on the government’s involvement in religious affairs.
It’s worth noting that religion is a protected subject under both the Establishment Clause and the Free Exercise Clause. However, no court has provided a clear interpretation of what qualifies as a religion in a constitutional context.
In my opinion, many state governments have, particularly in the context of the LGBTQ+ movement, excessively entangled themselves in religious matters.
Here is a definition of religion from the Usborne Children’s Encyclopedia New Edition:
“A religion is a belief in something greater than any person. It may be a belief in one God, or several Gods. For some people, a religion is more to do with the way they live their life.”
“A myth is a story filled with strange creatures, gods and goddesses, and amazing happenings,” as defined in the Usborne Children’s Encyclopedia. I added this definition because Mr. Sawchuk claimed that Christians believe the founding of America is rooted in Judeo-Christian belief, and he referred to it as a myth. However, according to this definition, Judeo-Christian belief doesn’t fit the criteria of a myth. We don’t believe in strange creatures or gods or goddesses; we believe in one God. Yes, we do believe in “amazing happenings,” with Jesus Christ being a prominent example.
A court wouldn’t inquire into the legitimacy or believability of these beliefs. The court has stated that “merely philosophic or personal beliefs do not qualify as a religion; the difference between a philosophy and a religion is far from clear, and the court has never applied this distinction.” (See Con Law-Individual Rights, 8th Edition of E&E.)
In conclusion, I’m not sure what Mr. Sawchuk means by “students’ First Amendment rights already curtailed more than in other public institutions, are crucial; we cannot and should not jeopardize them.” However, I think the government has eroded our First Amendment rights to the point where few students will learn the truth of history and religion and be able to discuss issues concerning religion.
I agree that American schools don’t usually teach (if they teach it at all) about religion or the Bible, and this is unquestionably a bad thing. To abide by and uphold the Establishment Clause, the First Amendment of the Bill of Rights, American students must understand where the colonists were coming from. The colonists came to America in search of opportunity and freedom to practice their religion.
Teaching religion would spark curiosity, enlightenment, and bridge the gap of truth.