Monday, September 28, 2020

Smith v Butler

          For this week's blog assignment, I will be focusing on the First Amendment establishment clause and its ramifications in a school in Tennessee.  In this case, titled Butler versus Smith County, the First Amendment and its establishment clause is being determined in deciding whether or not prayer and religious activities are allowed within the smith county middle school and high school in the Smith County school system.

 

The school district in Smith County Tennessee is a very racially and religiously diverse school, as it has many different students from different religious backgrounds all in one district. For years, the  high school and middle school have promoted and practiced Christian religious beliefs, and there is no attempt to hide these practices. There is school sponsored prayer at athletic and other school events, religious decoration and decor around both schools, religious messages and verses adorned throughout the schools, and teachers which emphasize and openly practice the Christian faith with their students regardless of the students’ beliefs. For students who do not practice Christianity, they are left feeling like ‘second-class citizens’, as what is emphasized in the school is not what they believe in. This causes students to question whether their different religion is right, as the practice and emphasis of Christianity everyday causes the students to decide whether the religion  being emphasized upon them is better than the religion that is practiced in their respective homes. 

 

Kelly Butler, the lead plaintiff in the case who has a child in the middle school in Smith County believes that his child should not be subjected to different religious teachings from what is taught in his home. Kelly Butler is a retired army serviceman and he is an atheist. His atheist beliefs, which he imposes upon his family, are directly contradicted everyday he sends his children to school. He files this suit on behalf of other families in the school district as well who either abstain from religion entirely like himself or practice different religions than the Christianity that is emphasized within the school district. Butler seeks that the Supreme Court declares that the defendants, Smith County School District,  repeal all religion from the school and furthermore have the court declare the practices which promote Christianity within the school district become determined as unconstitutional, as Butler feels the establishment clause in the First Amendment is being violated.  The plaintiffs have been practicing this emphasis on Christianity for decades, as Butler who was also a graduate from both the middle school and the high school in Smith County was subjected to the same teachings and emphasis during his tenure within the school districts and its respective schools.   

 

Personally, I believe that the court should unequivocally rule the actions of the school district unconstitutional and determine that the establishment clause in the First Amendment is being violated.  This is a public school district that receives funds from the taxpayers, and the establishment of religion is in the open and readily apparent for all to see. The First Amendment and its establishment clause was created to prevent exactly what is happening in the Smith County School District from occurring. Students of different religious backgrounds or from no religious background at all are being subjected to teachings about religion and further forced involvement with the Christian teachings. The school had religious verses on its walls, prayers administered by teachers that entire classes would take part in, massive crosses which were adorned in gyms and other rooms throughout the schools,  prayer before and after athletic events, distribution of Bibles to all students to read and decipher in class, religious murals around the schools,  and many other various first amendment in fractions. Seeing and partaking in religion everyday and having peers who practice Christianity and buy into what is being taught is enough to sway any students opinion on the religion, which is enough to determine that establishment of religion is being had. This is a PUBLIC SCHOOL where these practices were being conducted.  The most important part about the first amendment is the emphasis which is placed upon separation of church and state. In this case, the public school system in Smith County was receiving taxpayer funds from the government and was then indoctrinating these students in Christianity when religion as a whole should be a private matter. In this case, there is ZERO separation of church and state, as it is clear that the state is funding this establishment of religion in the school district. Furthermore, there is clear establishment of religion in the school district as evidenced by the decor, the teachings of the teachers, distribution of Bibles, and communal prayer upon its students present and past.

3 comments:

Lizzy R. said...

Chris, I agree with your opinion on this case. I do think that since this is a public school, funded by taxpayers, then the school should not sponsor religious practices and decor. However, they do not force these religious practices on students, even though they may feel alienated. I'm not sure if that will a deciding factor in this case. I still do agree that this violates the Establishment Clause.

Sophie G. said...

I agree with your views on this case. The Smith County public schools receive money from taxpayers and therefore, government entanglement with these schools is affected by the school's use of Christian practices going against the separation of church and state. Since the student body is a very racially and religiously diverse group of students, there is absolutely no reason that the students should be forced to be involved in Christian specific practices within the sanctity of their public school. Since the prayers and decorations and religious activities within the school are Christian, this religious support by the schools is not religiously neutral and is considering Christianity above other religions, a clear violation of the Establishment Clause of the First Amendment.

Megan L said...

I agree with your opinions on this case. Since the school is a public institution, they receive federal funding in order to keep this school running. We have also seen the issue of religion in schools arise in other cases that we have discussed in class. In Engel v. Vitale, the Supreme Court ruled that the state cannot hold prayers in public schools, even if participation isn’t required and the prayer isn’t tied to a particular religion. They ruled that the prayer would result in an establishment of religion and I think that this case can be used as a precedent for this particular case. It becomes clear that by pushing one specific religion in this public school and for them to have religious verses on the walls, prayers lead by teachers that students would take part in, and having religious symbols dispersed throughout the school is a clear establishment of religion in a federally funded public school.