Unconstitutional Issues Concerning The Separation Of Church And State

1567 words - 6 pages

The issue of separation of church and state has been greatly debated since the founding of our country and the creation of the United States Constitution. The Supreme Court has taken many cases over the years since its establishment that involve the inclusion of religious morals in school. One case that draws attention to the exploitations of the first amendment is the case of Epperson v. Arkansas. In 1968 this case was presented to the Supreme Court for a ruling on the matter of a law in Arkansas that excluded the ideas of evolution and common dissent in the schools curriculum. A teacher who was arguing that it was unconstitutional to ban the instruction of evolution brought this case forth to the Supreme Court. The courts decision was in favor of the Epperson and Justice Fortas affirmed that the law against evolution was unconstitutional because it was in violation of the first amendment. This was ruled due to the fact that it was against the Establishment clause and banned free exercise of religion. After this case was decided states were no longer able to pass laws that barred the instruction of evolution in public schools. This action taken by the Supreme Court is a contradictory battle that involves an unfair and opinionated view on evolution and common dissent as a completely concrete science and not as a theory. The topics of evolution and common dissent that are now being required in science classes across the country are a direct violation and misuse of court power. Since common dissent cannot completely be defined and proved with evidence, how can it take priority over any religion in public schools when it is based on an inconclusive theory? Aren't all religions based on inconclusive theories about creation? So how is it possible that the Supreme Court can enforce one opinionated explanation of creation in schools and discriminate against others? This is an enormous contradiction on the part of the Supreme Court and a misuse of constitutional powers to gain favor for one opinion over another. Another case that has stirred controversy with religion in public schools was the McCollum v. Board of Education, School District 71 in 1940. This case involved a group of religious parties that formed a group called the Champaign Council on Religious Education. This group was involved with a local school district and held voluntary sessions of religious teaching that included a necessary signed permission slip by the student's guardians in order to attend. These sessions were held during the school day in private rooms that were kept separate from the rest of the students not attending. When the case was brought to the Supreme Court they ruled that it as unconstitutional to allow students to participate in these religious classes and deemed the permission slips and deliberate separation of uninvolved students to be irrelevant. Also they stated that the determining factor was that the religious groups were receiving profit through distribution of...

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