Christmas is just around the corner! Every teacher looks forward to much needed rest during the break. During this season of celebration, what are a teacher’s rights and obligations when it comes to celebrating Christmas, or any other holiday, on school grounds? Whether religious or secular, teachers and students should have the right to express themselves.
The First Amendment’s Establishment Clause states that “Congress shall make no law respecting the establishment of religion.” It also states the government shall not prohibit the “free exercise” of religion. Contrary to popular understanding, the first amendment’s establishment clause does not generally require school officials to suppress seasonal religious expression.
Recently the US Supreme Court addressed the question of private religious observance by teachers in a public-school setting. A coach who was terminated for kneeling on the football field after football games was reinstated. The ruling held that the free exercise and free speech clauses of the first amendment protect an individual engaging in a personal religious observance from government reprisal. The Constitution neither mandates nor permits the government (in this case school districts) to suppress such religious expression.
The Establishment Clause only restricts government speech. Private personal religious observance by teachers is often protected even if on school grounds. For example, school districts should not ban teachers and students from saying “Merry Christmas” in spite of their role as agents of the state. This simple greeting does not rise to a state endorsement of religion. However, coercing participation from students in religious activities can run afoul of the first amendment’s prohibition on government “establishment” of religion.
We hope this article has provided context, information, and support.
~This article was written by Nathan Arnold, staff attorney for our friends at the Professional Educators of Iowa. This summary is for informational purposes only and does not constitute legal advice. You should not take any action based on these materials before consulting with an attorney.
