Religious Discrimination in Public Schools: A Legal Analysis (CRS Report for Congress)
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| Release Date |
July 25, 2012 |
| Report Number |
R42626 |
| Report Type |
Report |
| Authors |
Cynthia Brougher, Legislative Attorney |
| Source Agency |
Congressional Research Service |
Summary:
Reports of harassment in schools, including examples based on religious identity and practices, have raised public attention and congressional interest in the issue of religious discrimination in schools. Congressional attention to the issue has focused on efforts to prevent discrimination in programs receiving federal funding, namely, public schools. The 112th Congress has introduced proposals (e.g., the Student Non-Discrimination Act) to curtail harassment in public schools and may consider related issues in the potential reauthorization of the Elementary and Secondary Education Act. Some proposals have specifically addressed religious discrimination, while other proposed nondiscrimination measures have raised tangential concerns regarding religious freedom, namely, the ability of students to maintain religious identity or beliefs that would conflict with the protections offered in legislation.
Both constitutional and statutory protections prevent discrimination based on religion in school contexts. The First Amendment of the U.S. Constitution generally prohibits public schools from limiting access of religious groups to school facilities and resources for the purpose of religious expression. The Equal Access Act provides similar protection to ensure that student religious groups have access to secondary school facilities on an equal basis as other groups. Finally, the Civil Rights Act of 1964 includes several protections to prevent religious discrimination, including Title IV and Title VI. Title IV prohibits discrimination based on religion in education, and Title VI prohibits discrimination based on religion in federally funded programs generally, which includes public schools.
This report analyzes the legal protections available to students and student groups that may be subject to religious discrimination in public schools. It examines the current interpretations of the Establishment and Free Exercise Clauses of the First Amendment, as well as protections available to religious student groups under the Equal Access Act and the Free Speech Clause of the First Amendment. The report also discusses the effect of Titles IV and VI of the Civil Rights Act as they relate to school programs. The report specifically analyzes two significant issues related to religious discrimination in schools: access of religious student groups to school facilities and resources and the rights of such groups to be selective in their membership. Finally, the report examines the status of these legal protections under the proposed Student Non-Discrimination Act (H.R. 998; S. 555).
