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Separation of Church & State Case Study

Essay Instructions:
Details Identify and demonstrate ways to influence educational policy development at the state, local, and school levels through analysis of separation of church & state case study with a focus on developing empowerment strategies from key stakeholders. Analyze /synthesize, through a case study, knowledge, understanding, and application of legal concepts regarding the separation of church and state. The case is timeless as a precursor to understanding religious issues in schools and cases that reach the threshold of the U.S. Supreme Court! Students will respond to religion and public education issues - "the wall of separation." • Refer to the Weeks 6 and 7: Study for IMPORTANT Resources Weeks 6 and 7: Study 1. Textbook (Essex) References: The Wall of Separation between Church and State • Chapter 2 - Religion and the Public Schools 2. Other Resources: • • Brittany's Graduation SpeechLinks to an external site. https://www(dot)youtube(dot)com/watch?v=kqzfIitfHjU • Court Document Brief about Brittany's Speech Download Court Document Brief about Brittany's Speech • Lemon v Kurtzman Supreme Court CaseLinks to an external site. https://supreme(dot)justia(dot)com/cases/federal/us/403/602/ • Lee v Weisman Supreme Court CaseLinks to an external site. https://supreme(dot)justia(dot)com/cases/federal/us/505/577/ • VDOE Guidelines Concerning Religious Activities in the Public Schools Download VDOE Guidelines Concerning Religious Activities in the Public Schools 3. Research More, as needed. 4. Complete Separation of Church and State Case Study Assignment CASE STUDY Religion and Public Education: The Wall of Separation In spring 2006, graduating senior Brittany McComb was chosen to give the valedictory speech at Foothill High School in Henderson, Nev., by achieving the highest GPA in the school. After composing her remarks, she submitted them to school administrators according to standard district policy. School administrators, with the advice of their district legal counsel, censored her speech, deleting all three Bible references, several references to "the Lord," and the only mention of the word "Christ." On Thursday, June 15, 2006, McComb delivered her commencement address to over 400 fellow students, families and staff. However, believing that the district's censorship of her speech amounted to a violation of her right to free speech, she attempted to deliver the original version of her remarks in which she shares her personal beliefs about the role that her Christian beliefs played in her success. When school officials found her to be straying from the approved text, they unplugged her microphone, thus ending the address. Despite extensive jeers from the audience over the school officials' actions, McComb was not permitted to finish giving her valedictory speech. In filing suit against Foothill High School officials, Rutherford Institute attorneys stated, "Brittany's stellar academic performance qualified and entitled her to address her classmates at graduation in her own words, yet the Defendants, and each of them, sought to censor her speech, coerce her into giving a different speech in violation of her conscience, and interfere with and censor the delivery of her speech, all based upon her religious belief and viewpoint." Attorneys for The Rutherford Institute have filed a First Amendment lawsuit in federal court in defense of the free speech and free exercise rights of a high school senior whose microphone was unplugged after she began speaking about the importance of religion in her life during her valedictory address. SUMMARY: When Foothill High School valedictorian Brittany McComb began reading a speech that contained Bible verses and references to God and her faith in Jesus Christ during her commencement speech on June 15, 2006, officials with the Clark County School District unplugged the microphone. In their complaint, Institute attorneys have asked the court to declare that school officials deprived McComb of her rights under the First and Fourteenth Amendments to the United States Constitution (this information from The Rutherford Institute, University of Virginia). Assignment Overview Review and respond to the legal battle regarding a Brittany McComb's valedictory address where the microphone was silenced due to her statements regarding her religious beliefs. In this case, the principal and assistant principal, and another school employee, were targeted in a lawsuit. Assignment Requirements: • Title Page • Abstract • 3-5 page APA Formal Paper using the 5 questions to guide your written response (below) • References • Integrate Faith and Learning Answer the five questions/explanations indicated below. Design the flow of your paper to follow the questions (i.e. answer #1, then move on #2, #3, #4 & #5 as you sequence your writing): 1. After reviewing the initial case and original outcome, review the literature (your own research, as needed) and explain what happened when the case got to the U.S. Supreme Court (final court). 2. Review the U.S. Supreme Court Document (No. 08-1566) Download U.S. Supreme Court Document (No. 08-1566)and explain three key items that were pertinent to the outcome of the case (Using APA - cite this document to include page or paragraph #). 3. Review the court cases: “Lemon v. KurtzmanLinks to an external site.” AND “Lee v. WisemanLinks to an external site.” and provide a brief summary of the separation of church and state issues (for Kurtzman, include the Lemon Test AND for Weisman, include the Coercion Test). 4. What are the legal implications for practicing school principals to the outcome of this situation and resulting court cases? What do principals need to do from a preventative law perspective? Cite a PSEL. 5. Explain “in steps”, how a case gets to be heard in the U.S. Supreme Court. All chapters from the APA Manual are to be reviewed and followed with particular focus on: • Chapter 1 Scholarly Writing • Chapter 2 Paper Elements and Format - this chapter has Sample Papers, p. 50 • Chapter 4 Writing Style and Grammar • Chapter 6 Mechanics of Style • Chapter 8 Works Credited in the text • Chapter 9 Reference List • Chapter 10 Reference Examples • Chapter 11 Legal references American Psychological Association. (2020). Publication manual of the American Psychological Association (7th ed.). Washington, DC: Author.
Essay Sample Content Preview:
Case Study: Separation of Church and State Name Affiliation Course Instructor Due Date Abstract School principals have a key role to play in guaranteeing the religious neutrality of the school environment. The constitution guarantees freedom of religion for students while also dictating that the state should be clearly separated from the church. Analysis of the legal case involving Brittany McComb, a Nevada valedictorian whose microphone was silenced during her commencement address due to religious references provides guidelines on how school principal should approach religious expression in school environment. The case emphasizes the need for school principals to avoid endorsing religion at a school-sponsored event. Case Study: Separation of Church and State The balance between public education and religion is one of the legal contested issues in the United States. To this end, the Establishment Clause in the First Amendment dictates that government should not create laws that leads to the establishment of a religion. The Establishment Clause was established to protect religious liberty for American citizens by preventing the government from leveraging its influence to endorse or promote a religious belief. Nevertheless, the balance between religion and public education becomes blurred in cases where students’ speech or actions promote religion. This was the case when Foothill High School censored Brittany McComb’s valedictorian speech promoting religion in a school graduation. In this case study, the McComb case is analyzed in depth and its implications for school leaders discussed. Section 1: Case and Outcome For her commencement address in June 2006, Brittany McComb prepared a draft speech that had significant reference to religion. The draft included bible verses, made reference to the “Lord,” and detailed her acknowledgement of Jesus Christ. As required by the district policy, Foothill High School’s officials reviewed the draft and advised her to remove religious references to ensure that her speech did not violate the Establishment Clause. However, McComb ignored the advice during the commencement speech and began to deliver the unedited version forcing the school officials to unplug her microphone. McComb’s legal team filed a suit at a district court arguing that the school infringed on her free speech. The District Court ruled in favor of the school, with the Ninth Circuit Court of Appeal upholding the decision in an unpublished memorandum. McComb’s legal team petitioned the U.S. Supreme Court (Docket No. 08-1566) for certiorari. On November 16, 2009, the Supreme Court declined to hear the case on its merits meaning that that the Ninth Court’s decision in its unpublished memorandum form remained the controlling outcome (McComb v. Crehan, 2009). Notably, the denial of certiorari did not imply that the Supreme Court affirmed or rejected the legal reasoning by the Ninth Circuit but just chose not to review it. The Supreme Court declined to intervene in the Ninth Circuit’s ruling and did not provide any new precedent in the McComb fact setting. Section 2: Items Relevant to Case Outcome The denial of certiorari by the Supreme Court can be attributed to three items. First, the fact that the Ninth Circuit’s ruling was unpublished is a key item that influenced the outcome. McComb’s argued that the unpublished nature of the opinion left unresolved constitutional questions. However, the Supreme Court denied the certiorari based on the view that the Ninth Circuit’s ruling was not p...
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