This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

Music with sacred texts is integral to the historical and modern development of the music education field, yet many who teach in public schools find themselves limited or banned from using sacred music. School divisions do not have a consensus opinion on how to handle this sensitive topic, and the law is not explicit. In this article, I provide an…

U.S. Solicitor General Kenneth W. Starr has asked the Supreme Court to abandon the Establishment Clause it formulated in "Lemon v. Kurtzman" (1971) for cases involving governmental accommodation of religion in civic life. Starr's "amicus curiae" in "Lee v. Weisman" questions the clause's persistent tendency to…

To help clarify the school prayer controversy, this article examines recent court decisions concerning three issues: organized prayer, silent prayer or meditation, and prayers at graduation, assemblies, and extracurricular activities. In "Wallace vs. Jaffree" (1985), the United States Supreme Court reaffirmed its consistent opposition to…

Summarizes a variety of religious issues before United States courts, including two religion-in-the-schools cases in New Jersey and Georgia and two New York cases involving public assistance of private schools. Discusses a wrongful death lawsuit in Connecticut concerning a teenage suicide. (MLH)

Since public schools serve children of diverse religious backgrounds, an upstate New York district tried to construct a policy where all students felt comfortable. Proponents had an uphill struggle, since many constituents found nonreligious Christmas assemblies and displays acceptable. This article highlights Williamsville's Free Exercise and…

The report from an informal state-by-state survey lists incidents that implicate the principle of separation of church and state. The report is not meant to be a comprehensive list of every church-state problem in the United States. Rather, it is intended to be a "snapshot" of conflicts throughout the country. The document covers the…

Briefly outlines the history of using public funds for private education and examines the development of related judicial doctrine, using several illustrative cases. In recent years, the U.S. Supreme Court's concern about "excessive entanglement" has weakened, sparking a heated, unresolved debate about the original intent of the…

This booklet was written to help school officials understand the law concerning public forums and voluntary religious activities in public schools. Compliance dilemmas arising from the First Amendment establishment of religion clause and the accompanying free speech and free expression clauses, along with 14th Amendment equal protection…

The Supreme Court has ruled public colleges may not deny funds to student groups because they engage in religious activities. The case, involving the University of Virginia, sets looser standards for separation of church and state in higher education. Some see it as providing new protections against censorship and withdrawal of funds. Text of the…

The Supreme Court's dissenting opinion in a University of Virginia case concerning denial of funds to a religious student newspaper is presented. Justice Souter argues that the ruling supporting funding is in violation of doctrine concerning separation of church and state. (MSE)

In 1990, a new ultraconservative religious group in San Diego County began an all-out war on public education. This article describes mainstream efforts to combat curriculum challenges and "stealth" board election tactics devised by Citizens for Excellence in Education and other fundamentalist factions. Meanwhile, the new CEE-majority…

Discusses "Mozert v. Hawkins County Public Schools" (Tennessee), a case involving a controversial reading textbook offending fundamentalist parents of six middle school children. The Court of Appeals reversed a district court ruling, holding that uniform use of the Holt textbook was not essential to the state's goals to teach reading.…

An annual state-by-state survey of censorship and other challenges to public education is covered in this report that is intended to provide a representative snapshot of the incidents, not a comprehensive picture. Two types of activity are listed: "challenges to instruction"--attempts to remove or restrict literature, instructional materials,…

Explores the politics of education in the case of the establishment and reauthorization of a New York school district to serve the special education students of the Hasidic Jewish community of Kiryas Joel. The case of Kiryas Joel illustrates the political power of a single-interest special interest group. (SLD)