For most state activity at least accidently also affects religious groups it is quite obvious that church-state separation cannot be demanded absolutely. Accordingly the task must be to determine when a state crosses the permissible line. It is hardly surprising that this line drawing is a matter of particular delicacy in the area of public education. Religion and education both form crucial cornerstones of shaping a youth’s personality. Apart from the parents it is often the state that undertakes the education of children. It is quite obvious that state neutrality and protection of religious freedom is particularly important in this area, where young children are strongly exposed to state influence. Accordingly many parents will keep a weary eye on the state’s non-interference with their children’s beliefs. On the other hand there are comprehensible reasons why religion may well have its place in the public educational system too. If religion plays such an important role in the self-development of adolescents does the positive freedom of religion not even dictate schools to allow students the expression of their belief in a larger community if they so wish? Moreover, it is undeniable that religions form a fundamental cornerstone of the development, identity and self-conception of almost every nation in the world. As such religion is part of a nation’s history the state as well as pupils and parents may have sound reasons to honour it in a collective. It is the essay’s goal to examine how different countries balance these conflicting interests in the setting of public schools. Mainly based on a comparison between the U.S. and Germany the essay will focus on two groups of cases the highest constitutional courts of both countries were confronted with. In the first body of cases the courts had to decide whether the official requirement of prayers in public schools violated the constitutions. The second group concerned the state ordered affixing of religious symbols – namely the Crucifix and the Ten Commandments – in public school classrooms. Additionally the essay contemplates a country that looks back at a relatively short tradition of a written Bill of Rights – New Zealand. Since there is only little religious freedom litigation in New Zealand the essay will confine itself to an outline of the relevant constitutional provisions followed by a prognosis as to what the outcome of a similar public school case would presumably be in New Zealand.
Inhaltsverzeichnis (Table of Contents)
- I. Introduction.
- II. Freedom of Religion in the United States..
- A. The First Amendment.
- B. Religion in Public Schools..
- C. Conclusion
- III. Freedom of Religion in Germany
- A. The Relationship between State and Church
- B. Freedom of Religion – Article 4 GG
- C. Religion in Public Schools..
- D. Conclusion
- IV. Freedom of Religion in New Zealand..
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay examines how different countries balance the conflicting interests of religious freedom and state neutrality in the context of public schools. It primarily focuses on the United States and Germany, comparing how their highest constitutional courts have addressed cases regarding prayer in schools and the display of religious symbols. The essay also explores the potential outcome of similar cases in New Zealand.
- The interplay between religious freedom and state neutrality in public education.
- Constitutional frameworks and legal interpretations in the U.S., Germany, and New Zealand.
- The role of courts in resolving disputes regarding religion in public schools.
- The impact of historical and cultural factors on the relationship between religion and education.
- The tension between individual religious expression and the principle of state neutrality.
Zusammenfassung der Kapitel (Chapter Summaries)
- I. Introduction: This chapter introduces the historical and contemporary challenges of balancing religious freedom and state neutrality, particularly in the context of public education. It highlights the importance of this issue in shaping young minds and the need for a careful approach to ensure both individual rights and state neutrality are respected.
- II. Freedom of Religion in the United States: This section delves into the First Amendment's Establishment Clause and its application to public schools. It examines various legal tests developed by the Supreme Court to determine when state action constitutes an impermissible establishment of religion, including the Lemon Test and the Endorsement Test. The chapter also briefly explores the Free Exercise Clause and its relevance to the issue.
- III. Freedom of Religion in Germany: This section explores the interplay between state and church in Germany as enshrined in the Basic Law (Grundgesetz). It examines the relevant constitutional provisions, focusing on Article 4, which guarantees both individual freedom of religion and limitations on its exercise. The chapter then analyzes cases before the Federal Constitutional Court, highlighting the role of the German equivalent of the Free Exercise Clause and the implications of recent rulings from the European Court of Human Rights.
- IV. Freedom of Religion in New Zealand: This section provides an overview of religious freedom provisions in New Zealand, focusing on the country's relatively short history of a written Bill of Rights. It analyzes the potential outcome of cases concerning religious expression in public schools, drawing on existing constitutional provisions and legal precedents.
Schlüsselwörter (Keywords)
The main keywords and focus topics of the text include religious freedom, state neutrality, public education, constitutional law, establishment clause, free exercise clause, legal tests, Supreme Court, Federal Constitutional Court, European Court of Human Rights, prayer in schools, religious symbols, crucifix, ten commandments, Germany, United States, New Zealand.
- Arbeit zitieren
- LL.M. Sebastian Röder (Autor:in), 2010, Do Constitutions Require Governments to Refrain from Religion in Public Schools? A Comparison Between the U.S., Germany and New Zealand, München, GRIN Verlag, https://www.grin.com/document/282301
