The Constitution. "bigrigdvr" has the right idea, but misses the fundamental point that it was the Supreme Court that decided that point.
The 1st Amendment say the government "shall make no law respecting the establishment of religion". As interpreted by the Supreme Court, that means the the government cannot endorse or promote religion.
Having organized prayer in school, during class time, implies that the school supports the activity. That means, for a public school, that it is endorsing religious practice.
It's also partly a compelled speech issue, if other students are encouraged to pray in school, or are members of a different religion than the prayer being held, then those who don't participate might feel pressured or might feel that their differing beliefs are disfavored by the govt-sponsored authority. And that's another constitutional violation, because the govt cannot favor any one religion over any other. So, unless the school allows prayer for all religions equally, it's impermissible.
The final problem is that religious expression cannot be favored or excluded any more or less than any other form of personal expression. So, if the school doesn't allow people to recite poetry or sing campfire songs, it can't allow public prayer either. However, if the school allows one type of personal expression, it cannot prohibit religious expression for the same reasons. It all has to be treated equally.
The difference with the phrase on the money is that the courts (for whatever bizarre reason) don't consider that an endorsement of religion. And it's not as if someone stands out for not participating, or feels pressured to adopt the message. It's also not like the message on the money is an active prayer, or that someone using the money is considered to be engaged in religious expression. At least, that's the argument why the money is not a violation. That issue is still being contested in various lower courts.
As a side note, the phrase on the money only started appearing sporadically in the mid to late 1800s, and the other expressions of religion (including "under God") in the pledge didn't show up until the 1950s. Hardly support for the argument that our country was structured on religion.
And as if the 1st Amendment weren't enough, read Article VI of the Constitution, even before the amendments. It prohibits any religious oath for elected officials. Yet another example of how the Founders wanted to make it clear that religion and government must be kept distinct.
{EDIT} "applechick282" is incorrect about the separation of church and state phrase. It was first written by Thomas Jefferson, and acknowledged by the Supreme Court in 1878 as "an authoritative declaration of the scope and effect of the [1st] amendment thus secured." Reynolds v. U.S., 98 U.S. 145 (1878).
It's been US doctrine for almost 130 years, and was referred to in 1943 as "our accepted belief" and "cardinal in the history of this nation and for the liberty of our people". West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943). So, the argument that it was taken out of context is pretty much a non-starter.
2006-08-08 18:04:07
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answer #1
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answered by coragryph 7
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I do not know which country you are talking about that was "structured upon the phrase in god we trust".
I know that United States of America has been declared to be a safe haven for ALL!! There was no God or god involved! Only people who wanted to be free from labels, from laws that were imposed to protect the few powerful such as kings, bishops, generals. Free from one religion imposing itself on all others. There is only one history, and there is no need to change the past!
2006-08-08 18:15:02
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answer #2
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answered by Anonymous
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Often praying is allowed, but not in a publicly led manner. Individuals are free to pray as they wish at schools, but administrators cannot lead a school in prayer, as this could impede on beliefs and create a biased enivornment.
I'm not sure how acccurate claiming the phrase "In God we trust" structures our country. I must say our country is moreso founded upon the Constitution...
2006-08-08 18:11:43
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answer #3
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answered by pinto_2003 2
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The Declaration only states a creator, not god. That little bit of nonsense didn't come into play until the Eisenhower administration.
Prayer isn't allowed because who's prayers would we say? Muslims shouldn't be insulted with a christian prayer and vice versa. We're guaranteed the right, by both the Constitution and The Bill of Rights, to not have anyone's religion imposed on us by the government, or in government funded places. This includes: schools, courthouses, even the post office. If even a penny of tax dollars go to it, it should be "god-free".
If you want to pray in school, go to a private one.
2006-08-08 18:11:43
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answer #4
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answered by Bill K Atheist Goodfella 6
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First of all, praying is allowed in schools, as long as everybody is doing it "on their own." For example, while the Math teacher is passing out a test, it is probably the case that the virtually all of the students are praying. Indeed, the Math teacher himself/herself is probably thinking about the process of grading the tests and the teacher is thus probably praying too. Probably, every one in the classroom is praying. And they all have the constitutional right to pray.
It is only unconstitutional for the teacher to say, "We know that we are all praying, so let's do it together." That is the point in which praying is "unconstitutional." Clear? (Not!)
I think you are frustrated with inconsistency. So am I. It doesn't make any sense to me. Public school teachers are the only government officials who cannot LEAD prayer. All of the rest of the government officials can do it. Congress and the states can and do hire chaplains to -- guess what? -- lead prayer. The federal government hires chaplains for military bases. Both the federal government and state governments hire chaplains for prisons. All government officials can lead prayer EXCEPT for the public school teachers. Got it? Makes sense? (Not!)
2006-08-08 18:25:04
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answer #5
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answered by Anonymous
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Excellent question. You should bring that up to your principle. He'll say something about the seperation of church and state. Then you just tell him that that phrase isn't anywhere in the Constitution. It was taken out of context from a letter written by Abraham Lincoln to a friend of his. What dear old Abe was meaning was that the government should stay out of church affairs, not the other way around. Good luck!!
2006-08-08 18:04:59
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answer #6
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answered by The Apple Chick 7
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You can blame Madalyn O' Hair an atheists that took it to court in 1960, and had prayer taken out of school she claimed separation of church and state and the courts found it unconstitutional, she had 2 sons one became a minister which she disowned and the other son helped run her organization of atheists. A few years ago she and her son and his wife disappeared and were later found murdered and buried on a farm, she took in some guy from prison and he killed them for money, I think that is how the story goes. or look her up on the net.
2006-08-08 18:21:38
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answer #7
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answered by hexa 6
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I used to be allowed, they changed it because of an Athetheist named Madeline Murray O"hare complained aobut it,and she is trying to get it off the pledge and the money. Only there are more christians than athetheists in American so should we be able to vote not have the supreme court dictate it?
2006-08-08 20:01:05
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answer #8
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answered by inzaratha 6
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Praying is allowed in schools. Government sanctioned praying is and should NOT be allowed.
2006-08-08 18:07:18
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answer #9
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answered by bconehead 5
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because apparently the rule is freedom from religion not freedom of religion. Instead of allowing people the right to practice their faiths and beliefs, they're trying to make sure no is "offended"
2006-08-08 18:40:27
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answer #10
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answered by rmpentecostal 1
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