Whether Secular Humanism is Religion: Analyzing The Legal Argument That Public Schools Violate The Establishment Clause When They Teach Secular Humanism

Author(s):  
Mary Harter Mitchell
Author(s):  
Candy Gunther Brown

Chapter 1 illuminates the educational and legal contexts in which yoga and meditation entered the U.S. cultural mainstream. Beginning in the seventeenth century, public schools taught Protestant Christianity. Since the mid-twentieth century, public schools have been tasked by courts with providing a secular education and by educational reformers with shaping moral character and ethical behavior. Yoga and meditation appeal to educators because they promise not only to enhance physical, mental, and emotional health but also to instill morality and ethics without promoting religion. The U.S. Supreme Court issued a series of landmark rulings, among them Engel v. Vitale (1962) and School of Abington Township v. Schempp (1963), that prohibited public schools from endorsing religious practices such as prayer and Bible reading. The Court developed constitutional tests, the Lemon test, endorsement test, and coercion test, for identifying violations of the Establishment Clause of the First Amendment, based on principles of religious voluntarism, equality, and nondiscrimination. Through the federal cases Malnak v. Yogi (1979) and United States v. Meyers (1996), courts developed the Malnak-Meyers indicia of religion. In 2008, the Equal Employment Opportunity Commission (EEOC) identified the imposition of yoga and meditation as reverse religious discrimination.


2021 ◽  
pp. 262-277
Author(s):  
Candy Gunther Brown

This chapter examines yoga as a spiritual and a social practice. It considers three institutional contexts for interpreting yoga spirituality: religion, law, and education. Social institutions such as public schools and courts of law must arbitrate interpretive contests by formulating and applying definitions for the purposes of educational policy and legal precedent. In making such determinations, it would be naive to accept all assertions of identity and meaning as full disclosures. Sometimes the same people describe the same practice as “spiritual” or “secular,” depending upon whether the legal context is First Amendment religious free exercise clause protection or establishment clause restriction. Decisions about how to categorize practices rest in large part on pragmatic concerns. This case study invites scholars of spirituality to pay closer attention to how legal and social contexts shape how people think and talk about practices in relation to the interpretive categories of “spirituality,” “religion,” and “secularity.”


1989 ◽  
Vol 34 (1) ◽  
pp. 14-18
Author(s):  
Alan L. Lockwood ◽  
Richard A. Baer

1989 ◽  
Vol 34 (1) ◽  
pp. 12-14
Author(s):  
Alan L. Lockwood ◽  
Robert L. Schwager

Author(s):  
John E. Taylor

Starting in the 1960s, the U.S. Supreme Court understood the Establishment Clause to strictly limit government’s ability to promote religion in the schools: The state could not lead prayers, it could not fund private religious education, and it could not teach religion as true in the public school curriculum. During the same period, the Court construed free exercise rights (in schools and elsewhere) in a fairly modest fashion by balancing religious rights against government interests. Beginning in 1990, the Court weakened the Free Exercise Clause still further. Today, however, the Court is moving to reshape the general law of the Religion Clauses, and the trend points (clearly) toward a greatly weakened Establishment Clause and (less clearly) toward a Free Exercise Clause that is at least somewhat more robust. The Court has also made clear that the Free Speech Clause grants religious speakers equal rights to speak on school property. These speech protections are powerful guarantors of religious liberty, even if no revolution in free exercise law materializes. This chapter surveys the constitutional law involving religion in the K–12 public schools, summarizing that law as it currently stands and offering tentative predictions about where it is headed. The chapter begins with the Establishment Clause limits on government religious expression in the public schools, then continues by discussing the free exercise rights of students and teachers, religion in the public school curriculum, and the rights of religious groups to speak on school property.


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