THE LEGAL FRAMEWORK OF RELIGIOUS EXPRESSION IN AMERICAN PUBLIC UNIVERSITIES

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THE LEGAL FRAMEWORK OF RELIGIOUS EXPRESSION IN AMERICAN PUBLIC UNIVERSITIES

Journal Title: Studia z Prawa Wyznaniowego - Year 2008, Vol 11, Issue 11

Abstract

The constitutional judicature prohibits American public universities from undertaking religious activity interfering with the didactic and research work, especially religious expression arranged by public bodies. Prayer, especially in its complex form, organized by university authorities is inadmissible, just as the religious indoctrination on the part of university employees during the execution of their duties and the related adjustment of one’s lectures and the composition of the teaching staff to the requirements of the orthodoxy of any religion. The subject matter of the ban also concerns installing emblems which are isolated from the secular element and whose character is unequivocally religious. In that respect, a less rigorous regime applies only to public areas outside the closed spaces. At the same time, students and university employees are entitled to a broad scope of freedom of conscience and religion, which allows for such religious activity which will not infringe on the didactic and research processes at universities (for example, initiating individual and group prayer, holding religious discussions, giving pastoral advice, including acts of confession, distributing religious literature, etc.). From the 1980s, the Supreme Court of the United States made such decisions on the matters presented, which allowed far greater religious expression than before at universities. However, the relevant norms are still much more rigorous than those in almost all European countries.

Authors and Affiliations

Tadeusz Zieliński

Keywords

EP ID EP92408
DOI -
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