Peace Be Upon You

"Prayer in school" is one of the most hotly debated issues in this country. Ever since the 1962 Supreme Court ruling in Engel v. Vitale, which banned organized prayer in the nation's public schools, people of diverse religious backgrounds -- and some with none at all -- have voiced strong opinions about the Court's interpretation of "the separation of church and state." Should students, teachers and administrators be allowed to pray in public schools or at school functions?

In the 1990s, the federal courts continued to tackle this issue through a series of cases involving religious liberty in the public schools. Most recently, a group of parents and students in Texas claimed that the Santa Fe School District's prayer policy, which allowed student-led "sectarian and proselytizing" prayers at graduations and at sporting events, was unconstitutional. The Fifth Circuit Court of Appeals agreed with the plaintiffs, but the Supreme Court will hear the case, Doe v. Santa Fe Independent School District [168 F.3d 806 (5th Cir. 1999)], in June 2000.

Although the controversy often keeps educators from addressing the issue with students, prayer in school is an appropriate topic for classroom discussion. As the following lesson demonstrates, teachers can use the controversy to help students engage in critical thinking and also explore the sometimes elusive concept of religious tolerance.

A Mock Trial
An exercise in Constitutional law, judicial process, critical thinking, persuasive writing and public speaking, this lesson is best conducted over a period of weeks. Teachers may need to adapt the activity to meet time constraints or to overcome limitations that class size might present.

Pre-Trial Preparation
Explain to students that the class is going to hold a mock trial about prayer in school. Using key legal concepts, students will assess the constitutionality of a hypothetical account of school prayer. Introduce students to the "facts" of the case by distributing the Liberty High School handout [1]. Give students several minutes to read the document.

Over the years, the Supreme Court has developed three tests to help determine whether a government or its agency (a public school, for example) has violated the Establishment Clause or the Free Exercise Clause of the First Amendment. Distribute the Legal Concepts handout (See Handout sidebar to the right) to students; review it with them.

A set number of students will serve as "legal teams," one arguing that Liberty High School's tradition is constitutional, while the other argues that it is unconstitutional. Four students will play the characters identified in the Liberty High School handout; the remaining students will serve as jurors. The teacher serves as the "judge." [Note: In reality, a judge, not a jury, would decide the merits of this case. Inclusion of a jury here allows a greater number of students to participate in the lesson.] You can either ask for volunteers or assign roles randomly.

Students who play members of the legal teams are required to write papers outlining the legal arguments for their side. These papers will serve as the basis of opening and closing statements at the mock trial. (Tip: Divide each legal team into three smaller groups. Assign each of these groups one of the three "constitutionality tests.") Students who play witnesses are required to write papers outlining their views. Legal teams can use these "depositions" to prompt questions at the mock trial in hopes of supporting their case. Students who serve on the jury are required to write a paper outlining the reasoning of their final decision.

Collaborate with students to set some ground rules for the mock trial and for the writing assignments. At minimum, the legal teams, the judge and the jury can use only those legal concepts set forth in the Legal Concepts handout [2]. They cannot, for example, come up with their own test for constitutionality. Also, the four witnesses must use only those themes suggested by their quotations and by the facts in the Liberty High School handout. The judge (teacher) will determine if the lawyers or witnesses are taking too much liberty with the legal concepts or with the facts of the case.

Important: Allow adequate time for students to research their arguments and roles. The writing assignments can serve as homework, or teachers can opt to reserve class time to encourage group work.

The Trial
At trial, the legal teams present their cases, calling witnesses as needed. (Opposing counsel has a right to cross-examine any witnesses.)

Once the legal teams have presented their cases, the jury will meet in private to discuss and determine whether Liberty High School's tradition is constitutional.

Upon reaching a decision, jurors should hand in their paper outlining their reasoning to the judge, who announces the jury's findings (and its arguments) to the class.

At the end of the program, ask students to step outside of their assigned roles and then begin a general class discussion on the mock trial. Do students agree with the jury's findings? Why or why not? How might the jury's ruling impact majority and minority religious groups in Parker? What did students like about the process? What did they dislike? Ask students to define "religious tolerance" using what they learned during the mock trial. What is it? How can we practice it in our lives, in our schools and in our communities?

Conclusion
If students' interest is sparked by this activity, encourage them to investigate their religious rights. Encourage students to take action in the school or community to make sure that their own religious rights and those of others are protected -- and respected.