David N. Bass
Carolina Journal
With traditional calendar school districts getting underway in late August across North Carolina, many parents might be wondering about what is and isn’t permissible for religious expression in public school classrooms.
The issue has been in the news again this week due to calls from GOP superintendent of public instruction candidate Michele Morrow to begin offering elective Bible classes in middle and high schools.
Although left-wing media outlets have condemned the move, courts have held that the US Constitution does allow the Bible to be taught as an elective provided it’s “presented objectively as part of a secular program of education.” But the story gets to the broader issue of what is and isn’t allowed, which can often be a confusing topic for parents and students.
What students can do
In an interview with Carolina Journal, Tyler Brooks, a lawyer with the pro-religious liberty Thomas More Society, said that students’ fully retain their First Amendment rights to freedom of religion in public school classrooms. Religious student groups in public schools must be afforded the same rights and opportunities as secular groups, as well.
“Students have every right to pray in school, including praying before lunch or at other times,” Brooks said. “They can bring their Bible or other religious texts, and they are allowed to read those at school. School cannot prohibit those types of things. It’s been pretty clearly established now for at least two decades that students have the ability to pretty much do anything in a religious context, so long as it’s consistent with maintaining order.”
Specifically permitted are:
Student-initiated activities: Students can engage in religious activities, such as prayer or distribution of religious literature, provided the actions are student-initiated and not disruptive.
Assignments and artwork: Students are allowed to express their religious beliefs in assignments, artwork, and other school activities.
Equal access: Religious groups must be given the same access to school facilities as non-religious groups.
Personal expression: Students can wear religious attire and symbols, and discuss their beliefs with peers, provided it does not disrupt the learning environment.
What staff can do
As an institution, public schools must remain neutral on religion and religious activities, Brooks said. Acting in their official capacity, teachers and administrators are not allowed to teach their personal religious faith as the rule, but religions can be studied in class in a religious context.
Teachers and staff have more leeway for religious expression in their individual capacity, Brooks noted.
“Staff are allowed to have personal expressions of their faith — like wearing a cross necklace — and they are allowed to pray, so long as it’s not compulsory,” he said.
The US Supreme Court recently tackled that very issue in a June 2022 ruling in Kennedy v. Bremerton School District. The case involved a high school football coach, Joseph Kennedy, who was placed on administrative leave for praying on the field after games. Kennedy argued that his First Amendment rights to free speech and freedom of religion were violated, while the school district contended that his actions were an endorsement of religion.
In a 6-3 decision, the nation’s highest court ruled in favor of Kennedy on the basis that his prayers were a private act of faith protected by the First Amendment.
Battle lines drawn
Brooks noted that the political battle lines over religious expression in public schools have grown more pronounced in recent years, as the political left has titled more and more secular.
For example, in 1993 Congress passed and President Bill Clinton signed into law the federal Religious Freedom Restoration Act, which protected the expression of faith without undue interference. Former US Sen. Ted Kennedy of Massachusetts — a noted liberal — was one of the key sponsors of the bill at the time.
Today, support for such initiatives is more rare in the Democratic Party, while Republicans in other states have been eager to pass religious-freedom oriented bills. In 2023 in Texas, for example, lawmakers enacted a bill that expands the ability for students to express their religious beliefs in schools, including the use of religious content in school assignments. The same year, Florida passed an initiative to introduce Bible classes in public schools.
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