Let us examine how you could interpret the two clauses of the Constitution's religious freedom provisions in a particular situation. To do that, we suggest two steps:
1. Define whether the issue relates primarily to the Establishment Clause or the Free Exercise Clause (the most critical step).
2. Apply basic principles about rights and responsibilities, and your common sense to determine an outcome.
Step One: Defining the facts
Whose free exercise rights?
As a starting point, we can say that students in school are the primary beneficiaries of free exercise rights, i.e., the right to express their religion through word and deed. As private citizens, teachers also have these same rights. Only when teachers are acting in their official capacity at a public school are these rights outweighed by their responsibilities.
Free exercise claims might arise over issues such as:
Student attire and grooming
Student prayer
Student religious speech
Student religious texts
Student religious literature
Student-initiated clubs
Teachers' free expression in teacher-only areas of the school, or when off duty after school and on weekends
What are the Establishment Clause responsibilities?
Teachers, school administrators, and anyone who is speaking or acting in an official capacity as an agent of the public school is prohibited from inculcating or denigrating religion in his or her contract day. Teaching, reading and other school activities that touch on religion must be motivated by an academic and secular (not religious) purpose. School officials also have a responsibility to protect the free exercise rights of students. Because students are required to attend school, they have sometimes been described as a "captive audience." This is why courts have been particularly sensitive to the role of religion in the classroom - the danger of coercion is greater with a "captive audience" of young people.
Classic establishment clause concerns can arise over issues such as:
The presence of a teacher's Bible in class
Teacher's speech or actions between classes or on a school field trip
Religious beliefs expressed in official morning or afternoon announcements
Mandatory prayers or oaths
In some situations, there may be coercion between or among students or conflicts between free speech and religious freedom rights. These are tough issues to resolve, and the concept of the "captive audience" is an unsettled area of the law. In the debate, you will see the experts acknowledge how difficult it is for school officials to draw a clear line. Teachers can, however, advise students to respect the rights of others, and to do what they can to protect the rights of those with whom they disagree. The school will also be best served by creating reasonable and neutral guidelines before such a situation arises.
Can free exercise and no establishment facts co-exist?
Because life is often more untidy than a set of abstract definitions might suggest, there are a number of situations that combine questions of rights and responsibilities. We call these situations "hybrid" cases, since they bring up both establishment and free exercise concerns. Like a "hybrid" car engine, they are powered by claims that arise from two sources: the Establishment Clause and the Free Exercise Clause. Examples of this kind of case might arise when a student responds to an assignment with a religious response, or if a student asks the class to join in his or her prayer. A student may, within his or her protected free exercise rights, respond to an assignment by writing about religion or even religious belief, so long as that response meets the criteria of the assignment. However, in a situation where a student is requiring participation of the rest of the class, as might occur in a student presentation, the teacher must ensure that there is no religious or anti-religious "coercion" by the student leader.
Not all hybrid situations, however, constitute an impermissible establishment of religion; the results go both ways. Some examples of hybrid situations are:
Class discussion and participation during lessons about religion or sacred texts
In-class student presentations on religion
The presence of a minister at a school career day
Teacher leadership of an after-school prayer group at another school in the district
In a hybrid case, both modes of analysis must be applied.
Step Two: Respect and Implementing the Constitution
Free Exercise Rights Respected
In the classic free exercise situation, when a student's assertion of his or her religious freedom conflicts with school rules, teachers and administrators should ask, "How can I best and most fairly accommodate (be respectful of and responsible toward) this person's right to freedom of conscience?" Of course, this applies to students or parents of all faiths or none. Is this belief sincerely held? Is this accommodation reasonable and not in conflict with the underlying educational mission of the school? Administrators, students and parents will want to resolve requests for particular exceptions together, unless there is a clear written policy on the issue.
Establishment Clause Responsibilities Implemented
How can teachers and school officials avoid violating the Establishment Clause? In classic establishment clause situations (is the school favoring one religion over another, or religion over non-religion?), teachers and administrators should ask, "What is the academic purpose (which neither inculcates nor denigrates any religion) of this lesson or activity?" If the lesson or activity has a clear academic rationale or purpose, it is appropriate under the First Amendment religious freedom clauses. Another useful test to determine an establishment clause issue is one mentioned by Jeremy Gunn in the DVD. He suggests that you think about the situation as though it involved a religion or set of beliefs other than your own, and that you ask yourself, "Would I still be comfortable with this?" The Constitution does not differentiate between religions or beliefs. All religions and beliefs share the same rights and restrictions.