Secular Humanism, the Establishment Clause, and Public Education
![handle is hein.journals/nylr61 and id is 1163 raw text is: SECULAR HUMANISM, THE ESTABLISHMENT
CLAUSE, AND PUBLIC EDUCATION
INTRODUCTION
The [Supreme] Court's historic duty to expound the meaning of
the Constitution has encountered few issues more intricate and more de-
manding than that of the relationship between religion and the public
schools.' One aspect of this complicated issue, whether the Supreme
Court's attempts to remove religious observance from public schools
have resulted in de facto establishment of a religion of secularism,'2 has
recently become a popular subject of litigation3 and commentary.4 This
Note will address the legal issues raised by these claims that secular
humanism5 is being established and suggest an approach by which such
claims can be evaluated.
The first amendment prohibits states from establishing a state reli-
gion.6 The Supreme Court has interpreted the amendment to prohibit
organized prayer and similar religious activities in the public schools.7
Some argue that these decisions have resulted not in the absence of reli-
gion in the schools, but in the presence of an antireligious influence they
refer to as secular humanism, which they assert is a religion itself.8
More specifically, there have been objections to the mention of religious
I Abington School Dist. v. Schempp, 374 U.S. 203, 230 (1963) (Brennan, J., concurring).
2 Id. at 225.
3 See, e.g., Smith v. Board of School Comm'rs, 655 F. Supp. 939 (S.D. Ala. 1987); Grove
v. Mead School Dist. No. 354, 753 F.2d 1528 (9th Cir.), cert. denied, 106 S. Ct. 85 (1985).
4 See, e.g., Strossen, Secular Humanism and Scientific Creationism: Proposed Stan-
dards for Reviewing Curricular Decisions Affecting Students' Religious Freedom, 47 Ohio St.
L.J. 333 (1986); Note, Education for Economic Security Act: The Secular Humanism Ban and
Equal Access Act, 43 Wash. & Lee L. Rev. 265 (1986).
5 Secular humanism represents a belief system that values humans over God, and rea-
son over faith. See text accompanying notes 38-54 infra.
6 U.S. Const. amend. I (Congress shall make no law respecting the establishment of reli-
gion .... .) (commonly referred to as the establishment clause). The first amendment is made
applicable to the states through the fourteenth amendment. Murdock v. Pennsylvania, 314
U.S. 105, 108 (1943).
7 See Wallace v. Jaffree, 472 U.S. 38 (1985) (silent prayer); Abington School Dist. v.
Schempp, 374 U.S. 203 (1963) (bible readings); Engel v. Vitale, 370 U.S. 421 (1962) (vocal
prayers).
8 See Toscano, A Dubious Neutrality: The Establishment of Secularism in the Public
Schools, 1979 B.Y.U. L. Rev. 177; Whitehead & Conlan, The Establishment of the Religion of
Secular Humanism and its First Amendment Implications, 10 Tex. Tech L. Rev. 1 (1978).
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Secular Humanism, the Establishment Clause, and Public Education
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