Running head: PREVENTING DISCUSSION1

PREVENTING DISCUSSION 20

Preventing Controversy by Preventing Discussion

First Name Last Name

Rocky Mountain High School

Abstract

Idaho Code §33-1604, Bible Reading in Public Schools, was created to prohibit religious discussion in the classroom. Through much debate, and a long history of occurring events, it has been determined religious discussion in classrooms could make students feel uncomfortable. There are definitely contrasting viewpoints about this law. This is because the law is about such a controversial topic, which is religion. Obvious viewpoints are projected through the Republican and Democratic Parties. These viewpoints have led to arguments about the finalized decision on religion in schools. In an attempt to satisfy both Parties, a compromise, or even a revocation, could be made in order to make the delivery of such important information move more smoothly.

Policy Identification and Explanation

Idaho Statute §33-1604, Bible Reading in Public Schools, was passed by the Idaho Legislature, in 1963. In summary, the law states “teachers shall read aloud every day, to the class, selected Bible readings, chosen by the Idaho Board of Education. These readings shall be done without discussion. Furthermore, if the pupil has any questions, comments, or concerns, they shall be discussed only with a parent or guardian, not in school” (Idaho Statute §33-1604, 1963). The need for this bill became evident when there was a realization religion was needed to be taught in schools. Specifically, the bill was designed to create equal discussion in the classroom and to make everyone, pupils and teachers, feel comfortable. This law simply puts a boundary on religious discussion and was created for equal practice and comfortability in the classroom.

Religion has become more diverse over the years, and adolescents, or pupils, are becoming more independently educated about it. This also means there are more diverse groups in the classroom, and the pupils’ beliefs are unique. This law prevents further religious discussion in the classroom, after the Bible sections are read, making the discussion equal because comments cannot be made. In order for an individual to understand and abide by this law, one must first understand certain key terms that are stated in, or relate to, the law. These terms include religion, public school and pupil. According to Merriam-Webster online dictionary, religion shall be defined as “the belief in a God or in a group of gods, or an organized system of beliefs, ceremonies, and rules used to worship a God or a group of gods.” Specifically, the Bible is used to portray different beliefs about religion. Another term is public school. A public school is “a school that gets money from and is controlled by a local government.” The final term that needs to be defined is pupil. A pupil is “a child or young person in school or in the charge of a tutor or instructor.” These definitions are helpful in describing the law and help to further the knowledge in individuals who are wishing to seek it.

When it comes to penalties, teachers are at stake, and this is obviously because they are the ones who are reading the Bible selections. The Code of Ethics for Professional Educators, Principle I, about professional conduct, states, “A professional educator abides by all federal, state, and local education laws and statutes” (Idaho, n.d.). Furthermore, the Idaho Teacher Code of Conduct describes that if any teacher does not abide by Idaho laws, actions could result in dismissal from occupation. This is also discussed in another Idaho statute, which is Idaho Statute §33-513. This statute includes all of the guidelines Idaho educators must follow. In summary, this law was created for both the pupils and the instructors, to balance out equality and raise comfort in the classroom.

Some laws are created because crimes are committed and the laws would stop the crimes. Other laws are created for safety. Idaho Statute §33-1604 was created to prevent discomfort and to promote equality. The need for the Idaho Legislature to establish the law occurred after certain events took place. These events included discrimination and the presentation of discomfort. Either way, the law was created for a very important reason. In summary, this law was established for both the pupils and the instructors, to balance out equality and raise comfort in the classroom.

History and Background

Most children begin their education around ages four or five. However, these years consist of retrieving basic knowledge, such as the alphabet and numbers. As the child progresses throughout their years of education, the content of each subject becomes more in depth. The student begins to learn about stories, concepts, and basic information of reality, whether it is current, from the past, or even what will happen in the future. This information is specifically being taught in history classes, and maybe even English classes, depending on the content that is currently being discussed in that subject. Some of the criteria from the subject of history may require a discussion on religion. Religion can be an uncomfortable topic for students if they are not discussing it with their parents or other individuals whom they are close to. Idaho Statute §33-1604 prevents this fairly uncomfortable discussion in the classroom.

Religion has made an impact on people’s way of living. Different levels of participation and practice of religion effect daily lives and the way people act on decisions. Religion, just like many other concepts, has definitely evolved throughout the years since it was first created. The first systems began around 2000 to 2500 BC. These were both polytheistic and monotheistic systems. At this time, religion was centered around everyday life. People would look to religion for hope, the answer to confusion, and for right and wrong. Religion was also thought to be educational, based on the many differences that were found to be fascinating. In the years following, the idea of religion was used in many different aspects of life, including topics in education.

Following the years after the creation of religion, there were not very many events that occurred until the need for general education was discovered. It was eventually thought an easier way to provide education was to build schools where students all came together and were taught various subjects by teachers. The realization for this need became present in the mid-1600s when, “the General Court of the Massachusetts Bay Colony decrees that every town of fifty families should have an elementary school” (Race, 1981). This describes the realization children are in need of an easier way to receive basic education. The idea of creating an elementary school was to begin primary education at a young age, which offers benefits of future knowledge in the real world. However, an addition to this idea was, “the goal is to ensure that Puritan children learn to read the Bible and receive basic information about their Calvinist religion” (Race, 1981). Clearly, there is an interest in a particular area of religion and the school did not necessarily want to deliver basic education. This was one of the first times in the United States where religion was combined with education, and there was an obvious outcome that could possibly become controversial.

Soon after the creation of elementary schools began, the thought of continuing education was taken into consideration. At the beginning of the 19th century, the first public high school in the United States was open. The name of this high school was Boston English. It has been thought the progression of maturity in students as they age means serious topics could be taught more in depth in school. Religion was definitely one of these topics. When the high school was built, it was an aid in furthering education for students. Many began to realize the major differences of various religions, and it was noticeable in the schools, especially in public schools, when those religions showed in the students. There has always been a diverse combination of religious groups in public schools because one religion is not necessarily focused on. For the most part, public school students are offered more freedom to express themselves, and this expression includes their religious beliefs. However, there is a definite boundary on expression and there are consequences. Another idea to take into consideration is the thought as students evolve throughout their general schooling, they are “finding themselves” and becoming more unique and independent in their own ways. This also relates to expression, especially religious expression. The reason for the creation of a high school was to further education and continue the explanation of topics, such as religion, through thorough discussion.

The educational topics on religion are very broad. There are many different ideas that

could be discussed. One such idea or topic is the theory of evolution. It is simply one of the beliefs that is present in a certain form of religion, and general information is sometimes taught in high school classes, specifically, science. About a century after the creation of the first high school, thoughts on topics that should be taught in these public schools still circled. The theory of evolution was one of these thoughts and there was definitely some discussion about it. One major discussion took place, when “the Scopes Monkey Trial tested a Tennessee law that prohibits public schools from teaching the theory of evolution” (ABC-CLIO, 2016). Some disagreed there is a difference between the theory of evolution and religion, but it was hard to separate the unique beliefs and make the topic’s discussion comfortable for every public school student. This was an event that exposed the different opinions on the topics that should be approved and disapproved.

The promotion of different beliefs continued short after in an event which included forcing students to salute the American flag, even if it was against their beliefs. The event took place, in 1943, where “the Supreme Court rules that the school district violated the rights of Jehovah’s Witness students by forcing them to salute the American flag” (ABC-CLIO, 2016). This was simply another example where certain beliefs were not included in a discussion or activity, and rights were violated. This relates to the idea there is a wide variety of beliefs in public schools, and the schools cannot just forget about certain beliefs or religions.

As the discussion of this topic continued, there were other points that were noticed. Another event occurred, in 1948, which demonstrated the realization of how the unique beliefs of every student were not included in discussion. This event was McCollum versus the Board of Education. During this court case, it was discussed that “religious instruction in public schools is a violation of the Establishment Clause under the First Amendment” (ABC-CLIO, 2016). This is simply stating religion should not be discussed, at all, in public schools. While taking part in this court case, the Supreme Court basically described the word “public” means a form of “equal”. Furthermore, this equality supports the comfort that should be present in the classroom while having these discussions. The Supreme Court simply decided that in order to make things easier, religious instruction and discussion as a whole should not be included in a public school curriculum. The realization of discomfort took place, and the need to support every religion equally was taken into consideration.

In relation to the law that was eventually created, another event that took place included a certain idea that was decided to be unconstitutional. The event, titled Engel vs. Vitale, occurred, in 1962. The main idea of this court case included the final decision made by the Supreme Court, which determined “prayer in public schools is unconstitutional” (ABC-CLIO, 2016). Once again, there was a realization certain acts or discussions in school may not necessarily apply to various religions. The Supreme Court was simply trying to make public school a public and equal place for everyone. This must be done without topics that create discomfort. The idea of equality was definitely considered during this court case, and it was probably a smart decision to follow through with it.

Idaho Statute §33-1604, Bible Reading in Public Schools, was created, in 1963, by the Idaho Legislature. The need for this law was realized after the occurring of the previous events which led up to it. These events all had something in common: the idea equality should be considered in public school. The prior events were an aid in the decision. The statute states “such reading shall be without comment or interpretation” (Idaho Statute §33-1604, 1963). This would prevent the feeling of discomfort and would be the main focus on the law. Obviously, there was, is, and always will be disagreements about the creation and definition of the law, as there usually is with any law. These disagreements made an impact on events that followed the creation of the law. One event that occurred was the law was ruled unconstitutional in an Idaho court case, Adams vs. Engelking. In a topic that provides so much controversy, there may always be strong opinions, and these opinions were projected by supporting groups and individuals that are involved.

There were numerous groups included in this law for many different reasons. These reasons include the creation, groups that demonstrate strong feelings about the topic, and agencies or groups that are there for questions or concerns. First of all, the law was created by the Idaho Legislature. Second, a political party that would support this discussion would be the Democratic Party, which believes in the separation of church and state. The separation of church and state involves the definition of topics that should be discussed in and outside of school, or other public places. The Democratic Party simply supports equality, which is the main reason why the law was created. Since laws that are created are dealing with the rights of the people, the Idaho Human Rights Commission (IHRC) was created to help people who believe they are being treated unfairly. This relates to the law because the commission could help protect religious rights of the citizens. Along with government agencies and political parties, there are also interest groups who take part in campaigning and projecting ideas and feelings about the topic of religion or the Idaho law. One such group is the Americans for Religious Liberty, or the ARL. This group defends the core constitutional principle of separation of church and state. To relate, this group would disagree with the law because it does not portray equality. Finally, other individuals affected by this law are Idaho teachers and the Idaho Board of Education. Furthermore, the Idaho teachers are the ones who are delivering the content to the students, and they are also the ones who would be reading the Bible selections. The Idaho Board of Education is the group who chooses the selections that are to be read to the students. All of these groups make an impact on the distribution of knowledge not only about the law, but about the situation and topic in general.

The discussion of a law could become very important if the law were ruled unconstitutional. However, the law was created for a reason, and that reason was to prevent uncomfortable feelings inside the classroom. With the law, there comes controversy and disagreement, as there always is with any law that is created. These disagreements and strong thoughts are what spark the court cases and interest groups that take place and are created. Either way, the discussion is heard. The creation of Idaho Statute §33-1604 was to prevent further religious discussion about the Bible after selections are read. There are obvious agreements and disagreements to this, such as the thought the selections should not be read at all if there cannot be discussion about it. These arguments are what keep the reminder of controversy about important topics strong today, and it helps people to realize their basic rights as not only Idaho citizens, but American citizens.

Current Situation

Idaho Statute §33-1604 was passed into law by the Idaho Legislature, in 1963. This law justifies the regulations and guidelines of Bible reading and religious discussion in public schools. Since the creation, in 1963, there have not been any amendments or changes made to the law. Additionally, “all Idaho Statutes and Constitutions are current through the 2015 Legislative Session” (Idaho Statute §33-1604, 1963). The definition of this law includes how the reading should be delivered and how the discussion about the reading should be done. There have been many misunderstandings about the meaning of this law and the guidelines it includes. One main argument about the meaning of the law is, “the school informs students about various beliefs, it does not seek to conform students to any particular belief” (Haynes, 2008). Furthermore, this helps to explain the meaning of reading from the Bible is to describe the beliefs of the many religions which consider the Bible to be their personal text, not to direct students toward the participation in the beliefs projected from these readings. This law was created to promote equality in the classroom, preventing uncomfortable religious discussion.

There has been a lot of discussion about what the policy is providing for the people. Some of the debate is about whether or not the law is considered constitutional. A simple answer to this would be “it is constitutional to teach about religion” (Haynes, 2008). However, the law does not include teaching about religion, rather it infers Bible reading is approved. This law also thoroughly verbalizes a citizen’s constitutional rights of the First Amendment, which includes freedom of speech and freedom of religious expression. Another explanation pertaining to the law about the distribution of religious content is, “the school sponsors study about religion not practice of” (Haynes, 2008). This defines how the topic of religion is taught and what actions are actually taken in the classroom. Another interesting fact is the amount of awareness about the rights and wrongs of teaching religion in the classroom. Statistics have shown “89% of people know public school teachers cannot lead class prayer” but also, a more shocking statistic is, “23% know that teachers can read from the Bible as an example of literature” (Murphy, 2016). Simply, not every person knows about the guidelines of teaching religion in public education. The idea of the law is not often discussed, so people may not be as informed on it as they could be.

It is important for a parent to know what their child is learning in school. Furthermore, it is also important for the parent to get involved as much as they can through engaging in conversations with their child, or even the teacher, about what content is being delivered. The graphs below provide a more visual representation of the knowledge parents, or other adults, have about what religious content may be taught in schools. These statistics help to explain how many people know what the guidelines are when it comes to discussing these topics.

This representation relates to the impact made on the lives of the people. Conclusively, it clarifies the goals intended which are to make sure people know what the guidelines are and how they are enforced. Another interesting concern that could be pointed out is that both the law and these guidelines shown in the graph only include the Bible as an example of literature. Parents might argue in order to fully teach about religion, various texts must be used. Certainly, it is important for parents to be involved in their child’s educational lives, and one way for them to do so is to be aware of the curriculum.

Idaho Statute §33-1604 is considerably unknown, as it is an older law. However, there have been discussions and disagreements with the law, which may have been what led it to be regarded as unconstitutional. There have been at least two court cases, one in Idaho and one in Pennsylvania, which have argued this concept. First of all, an Idaho case, Adams v. Engelking, rules the actual law to be unconstitutional. During a pre-trial conference, the following issues were established: “Is Idaho Code, Section 33-1604, repugnant to the First and Fourteenth Amendments of the Constitution of the United States and therefore unconstitutional and invalid” (Justia, 2015). To explain, this provides the arguments that were reviewed during the case. Secondly, in Pennsylvania, the same concept was argued in the case of School District of Abington Township, Pennsylvania v. Schempp in 1963. In relation, the same question was asked in this court case: “Did the Pennsylvania law and Abington’s policy, requiring public school students to participate in classroom religious exercises, violate the religious freedom of students as protected by the First and Fourteenth Amendments?” (Oyez, n.d.). Obviously, there has been some definite controversy that has occurred in relation to this law, and it all helps to provide awareness of the rights of the citizens.

Controversy is what keeps conversation circling. It helps people to become, and stay, aware of their rights. Idaho Statute §33-1604 definitely includes some controversy and also provides some background on what people actually know about teacher code of conduct. It could be argued this code is not achieving its initial intent because of the lack of awareness. It could also be argued this code should not have even been considered, but once again, this is where the controversy would come into play. Overall, religion is a very controversial topic, no matter where it is being discussed. The main focus of this law was to create equality and to neglect discomfort, but these actions are not necessarily present and the law is not as effective as it could be.

Differing Viewpoints

Religion has, and always will be, a strong political topic in the United States. With any political topic, there are contrasting ideas between parties or representatives, and these ideas may cause controversy. There have been many different political parties throughout history, but the two main ones to discuss these important issues are the Republican and Democratic Parties. The Democratic Party was created, in 1792, and is known to be more liberal and social. They are more social because they support social issues such as marriage equality, pro-choice beliefs, and cutting back on military spending. On the other side, there is the Republican Party, which was created in 1854. The Republican Party is considered to be more conservative and has morals and beliefs that are the complete opposite from the Democrats. This would mean they do not believe in marriage equality, or gay marriage, are advocates for pro-life, and believe military spending should be increased. Throughout history, these issues are only a small fraction of the many that have been debated. Along with these, another controversial and crucial topic would be religion. These two popular Parties surely have some thoughts about religion relating to Idaho Statute §33-1604 which covers some general religions.

The Democratic Party is more supportive of equality. They support equality in many aspects of life, such as education, the work force, and other public places. To support this fact, a section from an article on Democratic views states Democrats believe in “equal educational opportunity for all” (Republicanviews.org, Democratic, 2016). Furthermore, the “equal educational opportunity” refers to the support of characteristics such as “race, religion, gender, or sexual orientation” (Republicanviews.org, Democratic, 2016). To relate to the law, the Democratic Party would support it because they would believe religious discussion in the classroom would be discomforting. Another example stated by the party about advocating for equality is, “we want an America that is still the world’s strongest force for peace and freedom” (Republicanviews.org, Democratic, 2016). Simply, this idea also explains the Party wants equality. Furthermore, the “peace and freedom” would include religious freedom. The Democrats were a part of a 1962 case in the Supreme Court which declared prayer in public schools unconstitutional (ABC-CLIO, 2016). Directly, this would relate to the idea of equality. Clearly, the Democratic Party is a major supporter of equality, in and outside of the classroom.

Competitively, the Republican Party has many opposing beliefs from the Democrats; one being religion. As a main idea, this Party would support in-class prayer. A single advocate for this idea is George W. Bush who specifically stated, “I support voluntary, student-led prayer” (Religioustolerance.org, 2014). Along with this argument, Bush also stated, “Religion is not a personal, private matter”, and also, “schools should not restrict students’ religious liberties” (Religioustolerance.org, 2014). To explain, Bush would believe religion should be portrayed publically, which means it can also be discussed in public schools. Furthermore, there is a diverse range of religion in schools, so there will definitely be many different aspects of religion portrayed in the classroom. A final explanation to describe the actions that have been taken is Republican presidents, such as George W. Bush, have spoken to get their point across. Bush simply expresses his views, and his followers agree with him. Conclusively, just like the Democratic Party, the Republican Party definitely has some strong feelings about religion in public schools, and these discussions could create controversy.

Although there are clearly some differences between the two Parties, there are also some similarities. First of all, there may be a disagreement on prayer, but there is not a disagreement on freedom of religion and freedom of an individual to express their religion. Both Parties believe in equal freedom of all religions, and they would agree one religion should not be singled out or disapproved. In summary, both Parties would obviously agree with the First Amendment, which includes freedom and expression of religion. Both Parties also believe in choice of education. This choice of education includes public school, charter school, and even home schooling. Specifically, an article on the Democratic Party beliefs states, “The Democratic Party supports public school choice, including charter schools and magnet schools that meet the same high standards as other schools” (Republicanviews.org, Democratic, 2016). For the opposing Party, an article simply states, “Republicans also support school choice and home schooling programs” (Republicanviews.org, Republican, 2016). This would relate to the topic and law because the topic of religion is probably taught differently in each of the different types of schooling. For example, a charter school might focus more on one particular religion if the idea of the school is based around such religion. Still, even in normal public schools, the idea has formed that certain sections of education cannot be taught without the lecture of religion. Clearly, there are also some similarities between the two Parties, even though their disagreements about such a controversial topic are so strong.

There are many strong arguments about politics every day. With that, people usually stand with one side or the other, those sides being the Democratic and Republic Parties. These two Parties have battled for years about many different topics, one being religion. One part of component of religion would be how it should be discussed in public schools, and the Parties definitely have strong thoughts on this idea. Once again, the Democratic Party is more supportive of equality, making sure students do not feel uncomfortable in the classroom. The Republican Party would advocate for religion in school, and maybe even school prayer, if it is student-led. It is probably hard to believe the two Parties could have similarities, but they do: the supporting of schooling choice. This is simply to make sure a student can feel as comfortable as possible, even with the discussion of religion taking place, because they will be in a learning environment that is right for them. The similarities and differences between these two important political parties, the Democrats and Republicans, definitely create a good argument about a strong political topic such as religion in public schools.

Policy Recommendation

Idaho Statute §33-1604, Bible Reading in Public Schools, could be considered a complicated law. This is mainly because of the strong opinions that could be present about the aspects the law includes. Although the law was created to infer pupils of religious ideas and concepts, it is obvious there is a strong bias toward religions which consider the Bible to be their personal text. Furthermore, this is described specifically in the statute: “Selections from the Bible, to be chosen...” (Idaho Statute §33-1604, 1963). Clearly, the definition of this law only includes this one text. Another example of complication is the amount of knowledge known about religious discussion in public schools and the guidelines of teaching. To explain, a statistic showed, “23% know that teachers can read from the Bible as an example of literature” (Murphy, 2016). Many would agree this is not a high enough number. Religion is an important aspect in many people’s lives and other than church, schools may be the second best place for education. Also, it is important for parents to be aware of what their children are learning in the classroom. Another important factor to include is some people may believe teaching religiously is related to possible prayer in the classroom. This, of course, is not true. There is obviously a difference between teaching about various religions and leading a class prayer. One main difference, which is not demonstrated in the law, is teaching includes various religions from all over the world, whereas a prayer probably focuses on only one religion. Finally, another reason as to why the policy is not very strong was discovered through personal experiences. It was detected that Idaho teachers are not even aware of the law. This could mean they do not have knowledge about other concepts they could teaching and the expansion they could be making on the topics. Conclusively, all of these reasons support the idea of repealing the policy. Basically, the policy was not created in support of equality, it is too strict and confusing, and it apparently was not fascinating enough to be taken into consideration.

The idea of repealing this law could be beneficial politically, for both of the main Parties, and economically, because money could be instead used for more feasible purposes. Those in support of the law, especially the Democrats, would agree with the revocation because they support equality. These two ideas relate because with the abolishment, there is not a focus on one specific religion or text. Instead, there would be an equal focal point of every religion when it is taught in the classroom. On the other side, the Republican Party would also find this revocation to be a great idea. A main argument for this agreement includes a statement George W. Bush made, which was, “Religion is not a personal, private matter” (Religioustolerance.org, 2014). Bush, along with the rest of the Republican Party, would agree that religion should be discussed in public schools without restrictions. Along with the concept of politics, the revocation of the law would be economically beneficial. This is because religious texts, such as the Bible, would not need to be purchased for the public schools. Furthermore, financial needs would only be necessary in charter and private schools where these specific concepts are discussed more in depth. Typically, religious texts are actually used in charter and private schools. Basically, these schools simply provide another option of schooling where religion could be more included, and it is obviously the student’s and parent’s choice as to which type of schooling the student will attend. With this change in the public schools, the extra money would be available for other spending purposes. Also, depending on the decisions made by the school districts, the money could be saved and not even spent. Clearly, there are both economic and political benefits that come with the abolishment of this law. Religion is a basic concept of everyday life, and whether an individual believes in it or not, it is an aspect that needs to be taught about. With the abolishment of this law, equality will become more present, and there would be another learning opportunity for interesting discussion to take place in the classroom.

Reference List

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issues.abc-clio.com/Topics/Display/913439?cid=85&sid-914178&useconcept=false

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Amendment Center. Retrieved from

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https://www.sde.idaho.gov/cert-psc/psc/ethics/files/general/Code-of-Ethics-for-Professional-Educators.pdf

Idaho Statute §33-1604. (1963). Retrieved from

http://www.legislature.idaho.gov/statutesrules.htm

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https://www.oyez.org/cases/1962/142

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