Can I Say That? Can I Wear That? (2024)

Article

Howmuch can teachers disclose about their personal religious and nonreligiousbeliefs to students?

Editor’s note: This blog post expands uponthe content presented in the webinar Religious Diversity in the Classroom: What’slaw got to do with it? The webinar was the first in a five-partseries conducted in collaboration with the Tanenbaum Center for Interreligious Understanding. Play the recording anddownload the after-session pack here.

How much can teachers discloseabout their personal religious and nonreligious beliefs to students? Whatshould they do if, for example, a student asks about a religious symbol thatthey’re wearing? To find answers to the question “Can I say or wear that?” a usefulstarting point is to see what the law permits and what it does not.

Title VII of the Civil Rights Act of 1964 requires employers, including schools, toreasonably accommodate the religious practices of an employee, unless doing sowould create an undue hardship on the employer. Yet public schools must alsocomply with the U.S. Constitution’s Establishment Clause, which prevents employees from advocating aparticular belief system in front of students. These two legal forces can, attimes, come into conflict and create ambiguity and uncertainty for schoolpersonnel.

In their capacity as governmentrepresentatives, public school teachers should strike a balance between exercisingtheir First Amendment rights to freedom of speech and religion and maintainingreligious neutrality in the classroom. Independent school teachers, as well asparochial school teachers whose faith differs from that of their school, mustalso be mindful of the fine line between sharing their religious identity andpromoting their belief system.

May public school teachers discuss their religious identity andviews with students?

What do you say when a student asks, “Do you believe in God?” or“What religion do you practice?” Coming up with an appropriate response can bea challenge. Teachers have a responsibility to encourage religious understandingand to avoid the impression that religion is a taboo subject. They also have aright to talk about their religious identity and views when directly asked bystudents, or within the context of class discussion; however, they need to doso in an objective manner that specifies the personal nature of theirexperiences and perspective.

A student’s age should be taken into account when formulating aresponse, especially because younger children are more likely to feel pressuredinto adopting an authority figure’s viewpoint. Also, they may be less inclinedto distinguish a teacher’s identity from the school’s identity. It’s best tomake absolutely clear that the student is in no way being taught to believesimilarly or to conform to certain religious practices. Phrases such as “Ibelieve that … ” or “In my tradition … ” help avoid the appearance ofproselytizing.

May public school teachers wear religious clothing or jewelry toschool?

Teachers can wear clothing orjewelry symbolizing their religious beliefs as long as the clothing or jewelryis not proselytizing or disruptive. However, the courts have often disagreed onthe definitions of “proselytizing” and “disruptive” and ruled inconsistently onthis issue. Some courts have weighted a teacher’s right to free expression moreheavily than the Establishment Clause does, and others have done the reverse.

The First Amendment Center claims that case law usually permits“unobtrusive” jewelry, such as a cross or Star of David necklace, but not a T-shirtwith a proselytizing message. For example, in Downing v. West Haven Board of Education(2001), a federal district courtruled in favor of high school administrators who had ordered a teacher toremove or cover up a T-shirt that read “JESUS 2000 — J2K.” The court arguedthat this teacher’s First Amendment rights must give way to the school’sEstablishment Clause concerns. In other words, the teacher could not appear tobe promoting a religion.

Even religious garb withouta proselytizing message has been perceived by the courts as endorsing aparticular faith. Federal courts have upheld laws in Pennsylvania and Oregonthat prohibit teachers from wearing religious garb. In the Pennsylvania case, U.S. v. Board of Education (1990), a Muslim teacher and theEqual Employment Opportunity Commission had filed a Title VII religiousdiscrimination suit because the teacher could not wear her headscarf (hijab)and long, loose dress to school. They argued that allowing such dress was a“reasonable accommodation,” but the court claimed that the state had a“compelling state interest” to preserve religious neutrality.

This case illustratesthe subjectivity of the definition of religious neutrality and raises some difficultquestions. Does wearing religious garb, like a hijab, detract from thereligious neutrality of the classroom? How does prejudice and stereotypinginfluence legal decisions about religious neutrality? Are all religions treatedequally?

May public school teachers prayin school?

As stated by the U.S.Department of Education, “When acting intheir official capacities as representatives of the state, teachers, schooladministrators, and other school employees are prohibited by the EstablishmentClause from encouraging or discouraging prayer, and from actively participatingin such activity with students.” In addition, they cannot engage in personalprayer while in the presence of students because students may perceive suchactivity as promoting religion.

On the other hand, when it’s clear that schoolemployees are acting individually, such as during a lunch break or in afaith-based group that meets before or after school hours, they are withintheir rights to pray or otherwise express their religious beliefs.

Helpful Tips

So where do these laws and guidelines leave us? Given thecomplexity of the issue, teachers may find it helpful to consult felloweducators and their administration for guidance as they balance staying true totheir belief systems (religious or nonreligious) in the classroom with followingthe law. Moving forward, youmight find it helpful to keep in mind these simple tips:

• Ask your school administration to provide clear guidelines about religiousexpression if they are not already well articulated.
• Think ahead about what your students are already curious about and havea few prepared responses in mind.
• Use “I” statements to be sure that students don’t misinterpretyour personal views as representing the school or an entire religious group.
• Be mindful of students’ ages because younger students tend to be moreimpressionable.
• Put yourself in a parent’s shoes when considering how to share your religiousidentity and views with children.
• Opt out respectfully if you don’t feel comfortable answering aquestion for any reason. You can simply say, “Thank you for asking me, but I’drather not discuss it.”
• Keep in mind your rights, as well as the legal responsibilities ofeducators, as you consider the place of your belief system in the classroom.

Marisa Fasciano is an Education Program Associate at the Tanenbaum Center for Interreligious Understanding.

Bookmark This PageSave