Tuesday, February 23, 2010

The Establishment Clause vs. the Free Exercise Clause

There has been an interesting debate in Oregon over the last few months about the issue of teachers wearing religious garb while in the classroom. While Oregon was one of only 3 states that did not allow teachers to wear head scarves, turbans and other religious garments, the legislature voted today to eliminate this ban, and once the governor signs the bill into law, schools will have one year to write new rules for teachers.
I am somewhat torn on this topic, as it is really an interesting battle between the two main components of the freedom of religion portion of the first amendment. The establishment clause lays out the idea that the government will not establish a particular religion, and the free exercise clause says that anyone is free to practice whatever religion they desire without government interference. What then do we do when teachers' religious dress is protected by one but maybe violates the other?
Opponents of the change make the argument that KKK members and other extremists will be able to express their views because of this new law. My response to this is that the KKK is not a religion, but rather a political group. The new rules can be written in a way that makes it clear teachers are not to use their freedom to wear religious dress to attempt to influence students. Considering that the origin of the ban in Oregon was a KKK attempt to target nuns and alienate religious groups from the education system, it is hard to defend not allowing these garments.
While there is no doubt a chance that there will be a few lawsuits and people attempting to push the envelope, we need to remember that people who enter the field of education do it because they want to help kids. How many crazy whacko klansmen are out there lurking, just waiting for a chance to sue the school district? The better question is: How many great teachers have been prevented from working with Oregon's students because the state wouldn't let them wear religious garments while they teach? I guess we're about to find out...

Related article from The Oregonian

2 comments:

Alison W. said...

I, for one, am glad that this law is changing. I remember being totally appalled when I took the "Civil Rights" class to learn that I couldn't even wear a cross pendant necklace if I was teaching in an Oregon classroom. I don't even own one, but I'd like to think that if I did, and it went particularly well with an outfit I was wearing, that I wouldn't be sued or fired for making a fashion statement. But seriuously, the kids are allowed to wear their religious garb. So long as the teacher isn't proseletizing in front of the class, I don't see what the big deal is. Neither do the legislators in 47 other states it would seem. The bottom line is: Teachers are people too. We are not government-bots that should be stripped of our identities because some superintendent can't face the idea of a potential lawsuit. I think your last sentiment says it all: hopefully, this will open doors for all sorts of talented individuals to get jobs in the classroom... assuming they can find one. ;)

Plainclothes Politics said...

I agree Alison, but I am just waiting for some assclown to try to push the limits of this in some way and start a nasty and long drawn out court battle. Hopefully I am just overthinking it.