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Religion Law

Vanderbilt University Law School

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Silence Of The Lambs: Are States Attempting To Establish Religion In Public Schools?, Linda D.W. Lam Apr 2003

Silence Of The Lambs: Are States Attempting To Establish Religion In Public Schools?, Linda D.W. Lam

Vanderbilt Law Review

The proper role of religion in public schools has been a topic of bitter debate for many years. While one group of individuals believes that there should be a complete separation of church and state, another group believes that religion should have an integral place in public education. Although both groups have looked to the circumstances surrounding the enactment of the First Amendment to support their respective positions, each has been unable to find clear, definitive support regarding the appropriate relationship between religion and public schools, as there was no public education system at that time. One major issue that …


The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah A. Reule Nov 2001

The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah A. Reule

Vanderbilt Law Review

Over seventy-five years after the impassioned debate be- tween William Jennings Bryan and Clarence Darrow echoed through a hot Tennessee courtroom, the controversial confrontation over science, religion, law, and education can still be heard in legislative halls, courtrooms, schools, and homes across the nation. The now infamous "Scopes Monkey Trial" of 19253 brought the debate between religious fundamentalism and modern day scientific theory to the forefront and sparked twenty state legislatures to consider measures to prohibit the teaching of evolution in public schools. Nearly a century later, the dispute rages on. Twenty states considered anti-evolution measures in both the 1920s …


L'Affaire Des Foulards--Discrimination, Or The Price Of A Secular Public Education System?, Cynthia D. Baines Jan 1996

L'Affaire Des Foulards--Discrimination, Or The Price Of A Secular Public Education System?, Cynthia D. Baines

Vanderbilt Journal of Transnational Law

This Note examines the recent controversy over France's ban against "ostentatious" religious symbols in public schools. The only ostentatious symbol targeted by the French government, however, has been the head scarves worn by Muslim schoolgirls. The author explores the roots of the current ban by examining France's tradition of assimilation of immigrants and its constitutionally mandated secular public education system. The author also compares France's interests in prohibiting head scarves with the Muslim students' interests in practicing their religion. Finally, the author concludes that the French policy of banning head scarves from school is not only impractical, but likely a …


Religion And The Public Schools, P. Raymond Bartholomew Oct 1967

Religion And The Public Schools, P. Raymond Bartholomew

Vanderbilt Law Review

The first amendment to the United States Constitution contains a dual command with respect to governmental involvement with religion: government must "make no law respecting an establishment of religion or prohibiting the free exercise thereof." Although some have insisted that the first amendment requires a strict separation of church and state, the conclusion is inescapable that the two clauses were intended to operate together in harmony. It is apparent, therefore, that the conflicting policies of the "no establishment" clause and the "free exercise" clause must be balanced and reconciled. The United States Supreme Court has held that this balancing effort …