Christmas Night at School

The issue extraditeed for watchword is whether the state of mammy can validly cater a Christmas dark event. For this event, the schooltime is planning a theatrical production of the Three Wise men, a presentation of several Christmas songs and a grab-bag gift session, for which each(prenominal) savants were asked to bring a gift costing between five and ten dollars.Steve and his p arents do non keep Christmas, and have therefore asked the school to change the written report of the night to non be a Christmas night. The school has stated that the Christmas Night provide go on as planned, but that Steve and his parents are invited to non visit if that makes them feel more comfortable. Weisman Ruling and State law/Regulations Based on the present state of both(prenominal) federal and momma state law, the school ordain not be able to hold Christmas Night as planned.There are several reasons for this, almost notably a relatively consistent personal credit line of coupled States Supreme appeal cases which have held that every attempts by a state actor to embolden or tell on an event which endorses or set aheads a specific morality will be laid low(p) down as unconstitutional to a lower place the shaping Clause of the First Amendment to the piece of music. Weisman Ruling The most new and pre-eminent case on point is Lee v. Weisman (505 U. S. 77 (1992)), which held that a Providence, Rhode Island middle school violated the organization Clause when it invited a rabbi to its rise activities to give an conjury plea to the student body and their parents. Upon objection by the parents of student Weisman to the invocation, the school districted defended its position as gentle with the Establishment Clause by fairness of the incident that let onicipation in the invocation was completely uncoerced and that there was no penalty for not dynamic.These incidents are in m both ways completely same to the matter of Steves Christmas Ni ght at his school. ii keys areas of rationale by the Weisman hook explain why the position of Steves school likelky will not pass muster. First, according to the Court, the option of not tending an event without penalty is not considered a operable and voluntary option. The Court places an intangible value on participating in certain events in a childs educational life that not attending deprives hotshot of. One of these for sure is the commencement exercise and, arguably, the school vacation festivities are another. season the Weisman court ruling is limited to the graduation exercise, it is mediocre that a student who is the only if (or bingle of the only) student to not attend is being deprived the bring in of a valued experience that is being sponsored by the school. Secondly, the Weisman Court held that under, the obsession test, which is the present standard for evaluating cases under the Establishment Clause, an event is unconstitutional even if it creates an con firmatory coercion. This means that a school can not authorize the practice of either particular religion.The Court rationed that it is no part of the business of political relation to compose official prayers for any group of the American people to recite as a part of a religious program carried on by government (505 U. S. 577, 588). Steves school is attempting to do precisely what the Weisman Court said it cannot do- create a school program which is composed of the prayers and messages of a specific religion. Massachu practicets Law/Regulations This position is even further back up by the existing law in momma on the subject.The starting point for this analysis is the global Laws of Massachusetts, Chapter 71, Section 31A, which provides that the school committee may set appropriate guidelines for the celebration of Christmas and other festivals observed as holidays for the aspiration of furthering the educational, cultural and social experiences and development of children. This codified does two things at the state level. First, it acknowledges the need and propriety for regulating the card of Christmas (and other holidays). Second, it recognizes that school observance of religious holidays is of educational, cultural and social value to students.Massachusetts passed Regulation 603 in its Regulatory Code which contains a section (26) on Access to Equal educational Opportunity. The purpose of this section is to insure that Massachusetts unexclusive schools do not discriminate against students on the primer of race, color, sex, religion, national origin or sexual penchant and that wholly students have capable rights of access and equal enjoyment of the opportunities, advantages, privileges and courses of study at such schools (603 CMR 26. 01). Further, these regulations subvert requirements on the schools to insure that all students are enured equallyNo school shall sponsor or participate in the organization of outside extra-curricular activ ities conducted at such school that restrict student conflict on the basis of race, color, sex, religion, national origin or sexual orientation (603 CMR 26. 07). Steves school is attempting to sponsor an event that will run directly restoration to the mandate of the Regulation, especially 603 CMR 26. 07. The school will compete that Christmas Night is open to all to participate and that any restriction based on religion is on the part of the students family and not by the school.The Weisman Court rule that to give the student the option of participating in a faith-based event which runs prevent to his or her beliefs or to be excluded by virtue of a voluntary (and permitted) absence, and in so doing be deprived of the extra-curricular activity sponsored by the school, creates the indirect coercion and therefore violates the Establishment Clause. Writers Thoughts on the Issue This issue presents two sub-issues for discussion. The first is whether the laws and court cases are prope r on their face and the bet on is whether justice is being served in this instance.Regarding the first the issue, it appears that the laws are generally consistent with our nations determine and beliefs on the matter of separation of church and state. Our fundament fathers fled their respective home countries often times in the face of severe religious oppression. Even on our soil, the Salem witch trials demonstrate the dangers of religious superstition and regulation. One of the core values that Americans have incessantly stood for is the individual right to practice faith and to be free from institutionalized religion.Thus, the default position of the law, which states that any adoption of a religions practices or dogma is a violation of our constitutional undertake against the establishment of a religious or its practices, is good founded and consistent with our national values. With respect to the matter of ban Christmas however, the issue can get a petty more muddled. Certainly, Christmas is a denominational holiday and certainly many of Christmas traditions and observances are very religious in their nature.However, Christmas above all other denominational holidays, has begin quite Americanized since the middle of the 20th century. Many of the usage and traditions have no bearing at all on faith or theology or dogma. Many Americans when they say delighted Christmas are genuinely saying happy holidays. Most Americans when they hear merry Christmas are actually hearing happy holidays. When remaining generic and without any of the religious or theological references, Christmas is one of the few events which actually has a unify and pacifying effect on the nation.It would be a embarrass to lose out on this galvanizing and braw force. Analysis of Additional U. S. Supreme Court Cases Abington v. Schempp The termination case regarding the establishment of religion in U. S. familiar schools is Abington Township civilise District v. Schempp (374 US 203 (1963)), which ruled that school sponsored Bible reading in humankind schools is unconstitutional. This Court ruled that the government, in matters of religion, must defend all, prefer none and disparage none. Neutrality was the only acceptable position for a state or federal government to pursue with respect to any expression of religion.In his concurring opinion, Justice William Brennan declare that school prayer and Bible study was a world-shaking feature of American life when the Constitution and Bill of Rights were ratified. However, Brennan noted that it was not in the nations best interest to seek to experience the relevance of the Establishment Clause to modern edict by applying the literal intent of the interpretation given to the Clause in the previous centuries. Wallace v. Jaffree In 1985 the United States Supreme Court, in Wallace v. Jaffree (472 U. S. 8 (1985)), found that atomic number 13s practice of setting aside one minute during each day for sil ent prayer or meditation to be unconstitutional.The Court laid low(p) down the codified requiring the silent prayer because its purpose was to advance to religion and there was no significant secular purpose for the law. Further, the Court found that the statute placed prayer in favored stance over non-prayer, which violates the Establishment Clauses bulwark against endorsing belief over non-belief and worshippers over dissenters. Santa Fe fissiparous School District v. Doe In a more recent case, Santa Fe Independent School District v. Doe (530 U. S. 290 (2000)), the Court ruled that allowing student-led prayer during the schools sponsored football games is unconstitutional. While the school argued that the prayer was underground and not public speech, the Court rationed that because of the fact that the prayer is led during the schools sponsored game, using school owned P. A. equipment and on School owned property, the listener will inevitably conclude that School has endors ed the prayer.Suggestions for a special Christmas Night. In order to be able to present a Christmas night, the school must effectively sanitize the event. First, the name should be changed to reflect a holiday season event, without reference to one or more particular religious holidays. Second the program should be expanded to include other cultural holidays. Third, the programs should endeavour to be educational in nature and not merely a celebration of one religions customs. Finally, the program should not include any aspects of a programs dogma or theology (such as the Three Wise Men or the nativity scene). However, a Christmas tree (properly adorned) would be fine.Even these modifications might not be teeming to prevent successful challenges by offended students and their parents. termination The Supreme Court of the United States has, for the past 60-70 years, taken the position that any actions by Federal, state or local government which appears to or actually does promo te one religion above another, or subjugates one below another, is invalid and unconstitutional. While the notion of a school Christmas Night does not seem to be nefarious by any means, it will ram on the rights citizens to not be indirectly coerced into participating in a religious event that is not part of their faith or beliefs.