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The First Amendment says nothing about 'separation of church and state' or a ‘wall of separation between church and state.’ Where did this idea come from? Is it really part of the law?
 
Is it constitutional to teach about religion in a public school?
 
What general principles should public schools and religious communities follow when entering into a cooperative arrangement?
 
What is the 'Lemon test' for religious mottos and displays in public settings?
 
Aren't the Ten Commandments posted in the U.S. Supreme Court chamber?
 

No, but multiple pieces of artwork in the Supreme Court building, including the courtroom, show the historical significance of the Ten Commandments in a context that puts it on par with other influential laws from numerous cultural backgrounds. None of those artworks includes the actual text of the Ten Commandments, although four commandments are partly visible in Hebrew letters in one image. It is perhaps notable that those specific commandments, Nos. 6 to 10, are totally secular in nature, unlike the first few commandments, which are explicitly sectarian.

Courtroom friezes portray Moses as one of 18 historic lawgivers. He is given equal prominence with lawgivers from a variety of religious backgrounds, including Islam, Confucianism, sun worship, and both Egyptian and Greco-Roman paganism. While Moses is shown holding the tables of the Ten Commandments, Muhammad is shown holding the Quran, the primary source of Islamic law, and the first pharaoh, Menes, is shown holding the ankh, an Egyptian mythological symbol representing eternal life. Other figures are shown holding secular legal documents. England’s 12th-century King John is shown holding the Magna Carta, which he signed, while the Dutch legal scholar and statesman Hugo Grotius is shown holding his 1625 book, Concerning the Law of War and Peace, one of the first books on international law.

The frieze also includes Greco-Roman-style allegorical figures, including Equity, Philosophy, Right of Man, Liberty and Peace. To see an actual image of this frieze, visit this page on the Supreme Court’s Web site.

A separate frieze at the Supreme Court shows a single tablet containing the Roman numerals 1 to 10, but no text. The Ten Commandments are usually portrayed as being on two tablets of stone; so the single tablet with Roman numerals does not necessarily represent the Ten Commandments, and has been interpreted to represent ancient laws generally. The bottom of one door to the courtroom has a carving of two tablets with the Roman numerals 1 to 10, but no text.

Sculptures above the east entrance to the Supreme Court building again portray Moses (holding blank tablets) as one of three major Eastern lawgivers, the others being Confucius and Solon, portrayed with numerous other allegorical figures and the fable of the Tortoise and the Hare. Moses is at the center of this group, above the words “Justice the Guardian of Liberty,” but according to a description of the East Pediment on the Supreme Court’s Web site, this art pays tribute to great civilizations and their laws, without specific mention of the Ten Commandments.

Other prominent art at the main entrance to the Supreme Court building includes no biblical references, and shows only the secular history of law. Images from that entrance and other parts of the Supreme Court building are online here.

Thus, the context of the portrayals of the Ten Commandments in Supreme Court art is arguably consistent with the Court’s treatment of Nativity scenes on public property in Lynch v. Donnelly (1984). Under that precedent, a predominantly religious display on public property violates the First Amendment principle against the state establishing religion, but a display that combines religious and secular elements to present a secular message is often allowable.

 
 
How should the Bible be included in the history curriculum?
 
What are the academic aims of a literature elective in Bible?
 
How should the Bible be included in the literature curriculum?
 
How should teachers of a Bible elective be selected and what preparation will they require?
 
Which interpretation of the Bible should be used?
 
Which version of the Bible should be used?
 
How do schools resolve the tension between freedom of speech and the need for discipline and control?
 
What do the courts say about the Bible in the public-school curriculum?
 
What is the difference between teaching about the Bible and religious indoctrination?
 
Have there been any rulings yet on RLUIPA’s constitutionality?
 
A public employee wishes to convert a fellow employee to his religion. Does he have a First Amendment right to proselytize?
 
My faith forbids me to work on Sundays, but my workplace is open and I’m expected to be there. What are my rights?
 
Do students have the right to form religious or political clubs below the secondary level?
 
May religious leaders or other outside adults attend the meetings of student clubs?
 
May students form religious or political clubs in secondary public schools?
 
At my children’s school around Christmas, outside speakers have come in to teach about Hanukkah and Kwanzaa. Does the school have to give equal time to another speaker who might want to discuss why Christians celebrate Christmas?
 
What should schools do in December?
 
May a teacher refuse to teach certain materials in class if she feels the curriculum infringes on her personal beliefs?
 
May states be required to grant exemptions for business owners whose Sabbath requires them to close their business on another day?
 
May teachers wear religious jewelry in the classroom?
 
May teachers and administrators pray or otherwise express their faith while at school?
 
Are state holidays constitutional when they are directly tied to some religious observance?
 
Has the Supreme Court defined 'religion'?
 
What about distribution of fliers from religious groups about events or programs for youth?
 
May public schools and religious communities enter into cooperative agreements to help students with such programs as tutoring?
 
May public school facilities be used by outside community groups during nonschool hours?
 
Do religious institutions have a free-exercise right to tax exemptions?
 
Can the government ever interfere with someone's religious practices?
 
May a teacher wear religious garb to school provided the teacher does not proselytize to the students?
 
Is it legal for students to pray in public schools?
 
What is a 'noncurriculum-related student group' under the Equal Access Act?
 
May students share their religious faith in public schools?
 
May students express their beliefs about religion in classroom assignments or at school-sponsored events?
 
Is it constitutional for a public school to require a 'moment of silence'?
 
May a school board limit school activities on certain nights to accommodate a particular religious group?
 
What about the power of schools to control student speech in the classroom?
 
May the government constitutionally place conditions on religious tax exemptions?
 
Are religious organizations allowed to lobby for or against legislation?
 
May a non-custodial parent be told not to expose a child to a religion other than the religion practiced by the custodial parent?
 
May my state pass a voucher program in which some vouchers are used at religious schools?
 
Does the Supreme Court's holding in Marsh mean that any plan for providing a legislature with a chaplain paid with public funds will be constitutional?
 
May students distribute religious literature in a public school?
 
Does the First Amendment apply to public schools?
 
The First Amendment says that the government may not ‘establish’ religion. What does that mean in a public school?
 
If school officials are supposed to be 'neutral' toward religion under the establishment clause, does that mean they should keep religion out of public schools?
 
Does the establishment clause apply to students in a public school?
 
How can school officials tell when a planned school action or activity might violate the establishment clause?
 
What does 'free exercise' of religion mean under the First Amendment?
 
How should school officials determine when they must accommodate a religious-liberty claim under the free-exercise clause?
 
May a religious group that receives funds to administer a homeless shelter discriminate in hiring on the basis of religion or adherence to religious doctrines?
 
Can federally funded senior centers include religious activities as part of their programs or services?
 
How, if at all, can federally funded senior centers provide religious activities to those who want to participate?
 
Can federally funded senior centers use religious beliefs to discriminate in deciding to whom to provide services?
 
May public schools offer a history course that focuses on the Bible?
 
What about the study of other religious traditions?
 
How should study about the Bible be handled in elementary education?
 
Do schools that permit the distribution of student religious literature give up all control over how it is done?
 
How should religious holidays be treated in the classroom?
 
How should religious objections to holidays be handled?
 
May students be absent for religious holidays?
 
Does the First Amendment require that 'equal time' be given to all faiths in the public school curriculum?
 
May religious scriptures be used in a public school classroom?
 
May teachers use role-playing or simulations to teach about religion?
 
Is it legal to invite guest speakers to help teach about religion?
 
How should teachers respond if students ask them about their religious beliefs?
 
May religious leaders provide crisis counseling to students in public schools?
 
Do outside groups have the right to distribute material on campus?
 
May public schools cooperate with mentoring programs run by religious institutions?
 
May religious institutions provide 'safe shelter' opportunities to students?
 
May schools use facilities owned by religious institutions?
 
May states choose only certain types of businesses to be closed on Sundays?
 
May a student pray at graduation exercises or at other school-sponsored events?
 
May teachers or other school employees participate in student religious clubs?
 
If the Supreme Court struck down Congress' attempt to protect religious liberties in the Religious Freedom Restoration Act, why wouldn't it just do the same thing with RLUIPA?
 
Do cities have the right to restrict the number of churches?
 
May noncurriculum-related student groups use school media to advertise their meetings?
 
What control does the school retain over student meetings in a limited open forum?
 
May the school exclude any student extracurricular group?
 
What may a school do to make it clear that it is not promoting, endorsing or otherwise sponsoring noncurriculum-related student groups?
 
Are religious displays on public property — such as Ten Commandments in historical-documents exhibits — legal?
 
Are religious holiday displays on public property constitutional?
 
If a prisoner who practiced the Sikh religion asked to wear a kirpan (small dagger), saying he needed to wear the kirpan to express his religious faith, must prison officials grant the request?
 
Should society care about inmates' religious rights?
 
Has the Supreme Court ruled on the constitutionality of religious exemptions to state-compelled vaccination?
 
Which states require immunizations for public schoolchildren, and which offer religious exemptions?
 
How are exemption requests evaluated?
 
Are religious exemptions the only way to opt out of mandatory vaccination?
 
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Last system update: Thursday, September 9, 2010 | 09:33:28
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