ABSTRACT

This chapter examines the governance of religion within United States public schools from a legal perspective, with particular attention to key court cases that have greatly shaped the legal and policy environment concerning church-state relations in the schools. It treats non-confessional religious education as the one forum where students may have opportunities to reflect on and think critically about their own religions, as well as gain exposure to other religious traditions. The balance between individual rights and state authority proves fruitful in examining religion and public school law and policy as practiced by democratic states in international contexts. The chapter looks at play with the Free Exercise and Establishment Clauses of the First Amendment to the United States Constitution. The Establishment Clause was expressly written to set a clear demarcation between the functions and operations of religious institutions and the functions and operations of governmental institutions, including public schools, within US society.