Does God Belong in public schools?

Does God Belong in Public Schools?

Volumn 9781400826278, Issue , 2009, Pages 1-261

  Greenawalt, Kent ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84923850614     PISSN: None     EISSN: None     Source Type: Book    
DOI: None     Document Type: Book

References (84)

1. Warren A. Nord, Religion and American Education 65 (Chapel Hill: Univ. of North Carolina Pr., 1995.
2. William C. Bower, Church and State in Education 23-24 (Chicago: Univ. of Chicago Pr., 1944),
3. Harry M. Ward, Colonial America: 1607-1763 325 (Englewood Cliffs, N.J.: Prentice Hall, 1991).
4. John C. Jeffries Jr., and James E. Ryan, "A Political History of the Establishment Clause," 100 Mich. L. Rev. 279, 303 (2001)
5. Richard Morgan, The Supreme Court and Religion 47 (New York: Free Press, 1972).
6. Dan Fleming, "Religion in American History Textbooks: Were the 'Good Old Days' of Textbooks Really So Good?" 18 Religion and Public Education 79, 85, 100 (1991).
7. Horace Mann, Twelfth Annual Report 116-17 (1848), quoted in Raymond Culver, Horace Mann and Religion in the Massachusetts Public Schools 252 (New Haven: Yale Univ. Pr., 1929).
8. Donald E. Boles, The Bible, Religion, and the Public Schools 58-99 (Ames: Iowa State Univ. Pr., 1961)
9. Joseph W. Harrison, "The Bible, the Constitution, and Public Education," 29 Tenn. L. Rev. 363, 381-85 (1962).
10. Patricia Alberg Graham, "Educational Reform-Why Now?" 146, no. 3, Proceedings of the American Philosophical Society 256, 257-60 (2000).
11. Humphrey Taylor, "The Religious and Other Beliefs of Americans 2003," #11 The Harris Poll, February 26, 2003, available at http:// www.harrisinteractive.com/harris_poll/index.asp?PID=359.
12. "Faith-Based Funding Backed, but Church-State Doubts Abound," Pew Research Center for the People & the Press, April 10, 2001, available at http://people-press.org/reports/display.php3?ReportID=15.
13. Warren A. Nord, Religion and American Education (Chapel Hill: Univ. of North Carolina Pr., 1995)
14. Warren A. Nord and Charles C. Haynes, Taking Religion Seriously across the Curriculum (Alexandria, Va.: ASCD; Association for Supervision and Curriculum Development; Nashville: First Amendment Center, 1998).
15. See, e.g., Steven D. Smith, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom 17-18 (New York, Oxford Univ. Pr., 1995).
16. See Michael J. Klarman, "Rethinking the Civil Rights and Civil Liberties Revolutions," 82 Va. L. Rev. 1, 15 (1996) (indicating that polls showed that 60 to 80 percent favored prayer and Bible reading in schools).
17. Michael J. Malbin, Religion and Politics: The Intentions of the Authors of the First Amendment (Washington, D.C.: American Enterprise Institute, 1978). The Court's position is defended in Douglas Laycock, "The Origins of the Religion Clauses of the Constitution: Nonpreferential Aid to Religion: A False Claim about Original Intent," 27 Wm. & Mary L. Rev. 875 (1986).
18. see Hiroshi Motomura, "Law and Equality: Whose Alien Nation?; Two Models of Constitutional Immigration Law," 94 Mich. L. Rev. 1927, 1932 (1996).
19. Philip Hamburger, in Separation of Church and State (Cambridge: Harvard Univ. Pr., 2002)
20. For an explanation in terms of the alignment of political forces for why the Court has become more permissive about aid to parochial education but not about religion in public school education, see John C. Jeffries, Jr. and James E. Ryan, "A Political History of the Establishment Clause," 100 Mich. L. Rev. 279, 303 (2001).
21. See generally Alan E. Brownstein, "Prayer and Religious Expression at High School Graduations: Constitutional Etiquette in a Pluralist Society," 5 Nexus 61 (Fall 2000).
22. See John M. Hartenstein, "Comment, A Christmas Issue: Christian Holiday Celebration in the Public Elementary Schools Is an Establishment of Religion," 80 Cal. L. Rev. 981 (1992).
23. Faith D. Kasparain, "Note, The Constitutionality of Teaching and Performing Sacred Choral Music in Public Schools," 46 Duke L.J. 1111, 1117 (1997). Interestingly, in communities in which almost everyone is a practicing Christian, it is hard to think of carol singing as performing an educational function.
24. See Brian A. Whitaker, "Note & Comment, Religious Music in the Public Schools: A Guide for School Districts," 2003 B.Y.U. Educ. & L.J. 339, 356-57. Whitaker summarizes policies of four school districts that are more restrictive in various respects, id., at 353-56; he also proposes his own model policy, id. at 358-61.
25. Marjorie Silver, "Rethinking Religion and Public School Education," 15 Quinnipiac L. Rev. 213, 225-26 (1995), recounts her experience during moments of silence at the Meeting House of a Quaker school her children attended. She felt "individual peace and community harmony." Id. at 226. Silver remarks that the virtue of the moment of silence "is that there is no orthodoxy on how it will be used." Id. But whether anyone would actually say so now, I think there is a tradition according to which some uses are misuses.
26. Michael Winerip, "Tolerance and Hypocrisy on Gay-Straight Club," N.Y. Times, January 29, 2003, B10, col. 5;
27. Kent Greenawalt, "Hands Off! Civil Court Involvement in Conflicts over Religious Property," 98 Colum. L. Rev. 1843 (1998).
28. SeeWinton E. Yerby III, "Toward Religious Neutrality in the Public School Curriculum," 56 U. Chi. L. Rev. 899, 933 (1989). One could think that the idea of "choice" leaves open a judgment that one is bound to absolute moral standards set by God, but the texts do not encourage that way of thinking.
29. See, e.g., George M. Marsden, Jonathan Edwards: A Life, 150-238 (New Haven: Yale Univ. Pr. 2003).
30. See Heinz Pagels, The Cosmic Code 290, 304 (New York: Simon & Schuster, 1982).
31. See Warren A. Nord, Religion and American Education 164 (Chapel Hill: Univ. of North Carolina Pr., 1995). Various religions may find special significance in certain numbers; but no one contends that these conventions should be taught in mathematics courses.
32. Jeffrie Murphy, Evolution, Morality, and the Meaning of Life 47 (Totowa, N.J.: Rowman and Littlefield, 1982); the primary contribution of The Origin of Species was "to organize and synthesize a set of ideas that had pervaded the scientific literature for more than fifty years."
33. Philip Kitcher, Abusing Science: The Case against Creationism (Cambridge: MIT Pr., 1982).
34. Although Darwin's account covers both plants and animals, I shall largely restrict myself to animals. See Dorothy Nelkin, The Creation Controversy 26 (New York: W. W. Norton, 1982). Darwin's approach contrasted with the earlier theory of Chevalier de Lamarck, who assumed that animals developed progressively as members of one generation passed on adjustments they had made during their lives. See Edward J. Larson, Summer for the Gods 14 (Cambridge: Harvard Univ. Pr., 1998).
35. See John Horgan, "Life against the Odds, from The Riddle in the Skies: Cosmos, God, and Us," UNESCO Courier (May 2001; accessed Jan. 3, 2002), at http://unesco/org/courier/2001_05/uk/doss21.htm, part 2.
36. N. Eldredge, Time Frames: The Rethinking of Darwinian Evolution and the Theory of Punctuated Equilibrium (New York: Simon & Schuster, 1985);
37. See generally Ernan McMullin, "Plantinga's Defense of Special Creation," in Robert T. Pennock, ed., Intelligent Design Creationism and Its Critics 178 (Cambridge: MIT Pr., 2001).
38. John C. Whitcomb Jr. and Henry M. Morris, The Genesis Flood (Phillipsburg, N.J.: Presbyterian and Reformed Pub., 1961).
39. Neil Shanks, God, the Devil, and Darwin 145-53 (New York: Oxford Univ. Pr., 2004), summarizes some earlier prayer experiments and sharp criticisms of their methodologies.
40. See Alvin Plantinga, "Evolution, Neutrality, and Antecedent Reality: AReply to McMullin and Van Till," in Robert T. Pennock, ed., Intelligent Design Creationism and Its Critics 212-13 (Cambridge: MIT Pr., 2001).
41. Jeffrie Murphy, ed., Evolution, Morality, and the Meaning of Life 24, 35 (Totowa, N.J.: Rowman and Littlefield, 1982).
42. Philip Kitcher, Abusing Science: The Case against Creationism 72, 98 (Cambridge: MIT Pr., 1982).
43. As Robert T. Pennock, Tower of Babel 99-100 (Cambridge: MIT Pr., 1999),
44. See also Imre Lakatos, "II-Criticism and the Methodology of Scientific Research Programmes," lXIX Proceedings of the Aristotelian Society 149, 163 (1969).
45. Francis X. Clines, "Ohio Board Hears Debate on an Alternative to Darwinism," N.Y. Times, March 12, 2002, A16, col. 1. A further discussion, including comment on the resolution of the Ohio board, took place on Talk of the Nation: Science Friday, National Public Radio, on November 8, 2002. This archived program can be heard at http:/www.sciencefriday.com/pages/2002/Nov/hour1_110802.htmll.
46. Dorothy Nelkin, The Creation Controversy 79-81 (New York: W.W. Norton, 1982).
47. Douglas Futuyma has called the work of creation scientists a "caricature of science [based on] no evidence." Douglas J. Futuyma, Science on Trial: The Case for Evolution 21 (Sunderland, Mass.: Sinauer, 1995). Philip Kitcher has remarked that they "have constructed a glorious fake" useful "to illustrate differences between science and pseudoscience." Philip Kitcher, Abusing Science: The Case Against Creationism 5 (Cambridge: MIT Pr., 1982).
48. David K. DeWolf, Stephen Meyer, and Mark Edward DeForest develop the argument that teaching intelligent design is not teaching religion in "Teaching the Origins Controversy: Science, or Religion, or Speech," 2000 Utah L. Rev. 39.
49. See Marjorie George, "Comment: And Then God Created Kansas? The Evolution/Creationism Debate in American Public Schools," 149 U. Pa. L. Rev. 843, 868-71 (2001);
50. Eric P. Martin, "Note, The Evolutionary Threat of Creationism: The Kansas Board of Education's Omission of Evolution from Public School Curricula," 27 J. Legis. 167, 176-78 (2001).
51. See Robert T. Pennock, Tower of Babel, 246-47 (Cambridge: MIT Pr., 1999).
52. See Marjorie A. Silver, "Rethinking Religion and Public School Education," 15 Quinnipiac L. Rev. 200, 220 (1995).
53. Gilbert T. Sewall, "Religion in the Textbooks," in James T. Sears and James C. Carper, eds., Curriculum, Religion, and Public Education: Conversations for an Enlarging Public Square 73, 80 (New York: Teachers College Pr., 1998).
54. See Philip C. Kissam, "Let's Bring Religion into the Public Schools and Respect the Religion Clauses," 49 Kan. L. Rev. 593, 604-7 (2001).
55. see Reinhold Niebuhr, The Irony of American History (New York: Scribner's 1952).
56. Jay D. Wexler, "Preparing for the Clothed Public Square: Teaching about Religion, Civic Education, and the Constitution," 43 Wm. & Mary L. Rev. 1159 (2002), provides examples of sharply divergent views within the Buddhist and Confucian traditions.
57. See George M. Marsden, Jonathan Edwards: A Life 193-200 (New Haven: Yale Univ. Pr., 2003). Edwards saw the events of political history as revelations of God's will. He also looked for signs that Christ's reign on earth was approaching.
58. Warren A. Nord, Religion and American Public Education 249-51 (Chapel Hill: Univ. of North Carolina Pr., 1995).
59. Kara Lynn Grice, "Striking an Unequal Balance: The Fourth Circuit Holds That Public School Teachers Do Not Have First Amendment Right to Set Curriculum in Boring v. Buncombe Co. Board of Education," 77 N.C. L. Rev. 1960 (1999).
60. See Amy Gutmann, Democratic Education 107-11 (Princeton: Princeton Univ. Pr., 1987), suggesting that schools may legitimately decide to undertake sex education or not. Of course, much of sexual morality does involve responsibilities to others, but the primary reasons why some people object to homosexual activity, premarital intercourse, and particular varieties of sexual activity do not concern such responsibilities.
61. See, e.g., Andrew A. Cheng, "The Inherent Hostility of Secular Public Education toward Religion: Why Parental Choice Best Serves the Core Values of the Religion Clauses," 19 Hawaii L. Rev. 697 (1997).
62. See Rosemary Salomone, "Common Schools, Uncommon Values: Listening to the Voices of Dissent," 14 Yale L. & Pol'y Rev. 169, 181 (1996), on the "cognitive moral development movement" of the 1970s.
63. See Lawrence Kohlberg, "The Philosophy of Moral Development," in Essays on Moral Development, vol. 1 (San Francisco: Harper & Row, 1981).
64. See James Davison Hunter, The Death of Character: Moral Education in an Age without Good or Evil 107-28 (New York: Basic Books, 2000) (describing a neoclassical and a communitarian backlash to psychological approaches);
65. Jeffrey J. Pyle, "Socrates, the Schools, and Civility: The Continuing War between Inculcation and Inquiry," 26 J. L. & Education 65 (1997);
66. Christina Hoff Sommers, "How Moral Education Is Finding Its Way Back into Schools," in William Damon, ed., Bringing in a New Era in Character Education 24-41 (Stanford, Calif.: Hoover Institution Pr., 2002);
67. Thomas Lickona, Educating for Character: How Our Schools Can Teach Respect and Responsibility (New York: Bantam Books, 1991).
68. Warren A. Nord, Religion and American Education 89 (Chapel Hill: Univ. of North Carolina Pr., 1995).
69. B. Douglas Hayes, "Secular Humanism in Public School Textbooks: Thou Shalt Have No Other God (Except Thyself)," 63 Notre Dame L. Rev. 358, 372 n. 100 (1988)
70. Citing L. Raths, M. Harmin, and S. Simon, Values and Teaching 28-30 (1966).
71. See, e.g., Lisa Shah, "Faith in Our Future," 23 Whittier L. Rev. 183, 203-4 (2001).
72. Stephen Macedo, Diversity and Distrust: Civic Education in a Multicultural Democracy 3-10 (Cambridge: Harvard Univ. Pr., 2000);
73. William Galston, "Civic Education in the Liberal State," in Nancy Rosenblum, ed. Liberalism and the Moral Life 89 (Cambridge: Harvard Univ. Pr., 1989).
74. On the virulence of some prejudice against homosexuals, see Theresa J. Bryant, "May We Teach Tolerance? Establishing the Parameters of Academic Freedom in Public Schools," 50 Univ. Pitt. L. Rev. 570, 580-90 (1999), summarizing the harsh facts of Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996).
75. See Gary J. Simson and Erika A. Sussman, "Keeping the Sex in Sex Education: The First Amendment's Religion Clauses and the Sex Education Debate," 9 So. Cal. Rev. L. & Women's Stud. 265 (2000).
76. See also Kristen S. Rufo, "Public Policy vs. Parent Policy: States Battle over Whether Public Schools Can Provide Condoms to Minors without Parental Consent," 13 N.Y. L. Sch. J. Human Rights 589, 592-99 (1997).
77. See Charles H. Haynes and Oliver Thomas, Finding Common Ground: A Guide to Religious Liberty in Public Schools (Nashville: First Amendment Center, 2001).
78. See Holly M. Bastian, "Religious Garb Statutes and Title VII: An Uneasy Coexistence," 80 Georgetown L.J. 211, 213 n. 14 (1991).
79. See Elaine Sciolino, "French Assembly Votes to Ban Religious Symbols in Schools," N.Y. Times, February 11, 2004, A3, col. 1.
80. Some states have their own Religious Freedom Restoration Acts. Philip C. Kissom, in "Let's Bring Religion into the Public Schools and Respect the Religion Clauses," 49 Kan. L. Rev. 593, 616 (2001).
81. Stephen Bates, Battleground 19 (New York: Poseidon Pr., 1993).
82. See George W. Dent Jr., "Religious Children, Secular Schools," 61 S. Cal. L. Rev. 863, 867 (1988). Frost also objected to the suggestion in the teachers' manual that students assume roles and act out stories. Mozert, 827 F.2d at 1066.
83. See Nomi Maya Stolzenberg, "He Drew a Circle That Shut Me Out: Assimilation, Indoctrination, and the Paradox of a Liberal Education," 106 Harv. L. Rev. 581, 596-97 (1993). I have omitted ten items and renumbered the remaining ones.
84. Gary J. Simson and Erika A. Sussman, "Keeping the Sex in Sex Education: The First Amendment's Religion Clauses and the Sex Education Debates," 9 S. Cal. Rev. L. & Women's Stud. 265, 272-78 (2000).