Religious Freedom in School:
Kindergarten, elementary, high school, college campuses – they’re all fair game in the ongoing battle for students’ religious freedom. From the elementary student who couldn’t pass out candy cane pens with a poem about Jesus attached (Morgan v. Plano ISD), to the Mormon woman compelled to quit her college acting program for refusing to violate her faith by saying curse words (Axson-Flynn v. Johnson), students of all ages, beliefs, and backgrounds have suffered unconstitutional discrimination because of their faith.
Are some of these attacks a result of hostility toward religion? Sadly, yes. But just as often, infringements on a student’s religious freedom take place thanks to ignorance about what the laws actually say.
Do You Even Read the Law?
So what are your rights as a student, anyway? Fortunately, Liberty Institute offers a free “Know Your Religious Rights Kit” available with a quick download. For starters, here are some key points you should know:
• There is a difference between government speech and private speech. In cases of contested religious freedom in school, many people get these two confused. While public schools and universities are required to remain religiously neutral, your right to religious expression as a private individual – even in school – is fully protected in the First Amendment of the Constitution, federal and state laws, and legal precedents. So next time someone says all speech in school counts as “government speech,” you can tell them to think again.
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• You can express your faith during free time, conversations with peers, and school assignments. Want to read religious material during free time? Go ahead. Want to pass out tracts after class? Go ahead. Want to discuss your faith in a class presentation or homework assignment? Go ahead. There are literally dozens of cases where a student was wrongfully prohibited from each of these actions. Read more about them in the “Know Your Religious Rights Kit.”
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• You don’t have to back down. Do you feel like your freedom to freely express your faith has been obstructed? Don’t give up – give Liberty Institute a call! They want to help you, and often a simple letter of demand explaining what the law says will be enough to settle the issue in your favor.
Three Ways to Protect Your Religious Freedom in School
Religious freedom is integral to our society as a free people, and religious freedom matters in the schoolhouse, too. As established in the famous U.S. Supreme Court case Tinker v. Des Moines in 1969, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (Justice Abe Fortas.) Here are three simple things you can do starting now to defend the constitutional rights of students of faith.
1. Know What’s Up. Many people don’t understand the full extent of their religious rights under the Constitution, so when something happens to interfere with their expression of faith, they cave. Don’t be that person. Read the Constitution. Download the kit mentioned above, and share the information with your peers of all faiths. Remember, sharing is caring.
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2. Get Real. Media campaigns everywhere are encouraging people to be “real.” But what good is physical realness if you can’t even get real on a deeper level? Be bold and don’t let peer pressure minimize YOUR expression of YOUR faith. Be true to your beliefs – the Constitution is on your side.
3. Speak Out. Worst case scenario: someone unfairly punishes you for expressing your faith in school. This is where you have to decide. Will you give in, or will you stand up for your freedom? Remember, you’re not alone! Call Liberty Institute, and be vocal about your battle to express your faith freely. Sometimes all it takes is one brave person to speak out before others join.
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