From the State House to the Schoolhouse: Religious Expression in the Public Sphere

Transcription

1 PROGRAM ON LAW & STATE GOVERNMENT FELLOWSHIP SYMPOSIUM From te State House to te Scoolouse: Religious Expression in te Public Spere Friday, September 29, :30 AM - 1:30 PM WYNNE COURTROOM INDIANA UNIVERSITY SCHOOL OF LAW - INDIANAPOLIS 3.5 ours of Indiana CLE credit

2 AGENDA 8:00 8:30 a.m. Registration and Coffee 8:30 8:40 a.m. Welcome and Introductory Remarks Cyntia Baker Director, Program on Law and State Government 8:40 9:00 a.m. Fellowsip Address States Expressions of Religion in te Modern Public Spere Cris Campaniolo Fellow, Program on Law and State Government 9:00 10:00 a.m. Morning Address Government Money, Government Speec, and te Establisment Clause in te Supreme Court Professor Douglas Laycock University of Micigan Scool of Law 10:00-10:15 a.m. Break/Refresments 10:15 10:35 a.m. Fellowsip Address Religious Expression in te Public Scools: An Ever-canging Dynamic Carrie Lynn Fellow, Program on Law and State Government 10:40 11:40 a.m. Panel Discussion Religion in te Scoolouse Professor Luke Meier University of Nebraska Scool of Law Kevin McDowell General Counsel, Indiana Department of Education Ken Falk Legal Director, American Civil Liberties Union of Indiana 11:50 a.m. - 1:20 p.m. Lunc and Afternoon Address Te Evolution of Religion s Impact on State Government Professor Tomas Berg Saint Tomas University Scool of Law 1:20 1:30 p.m. Closing Remarks Cyntia Baker Director, Program on Law and State Government

3 Religion in America takes no direct part in te government of society, but it must be regarded as te first of teir political institutions. Alexis de Tocqueville Te Program on Law and State Government Fellowsips By fostering study and researc of critical issues facing state governments, te Program on Law and State Government (PLSG) aims to enric and broaden te dialogue between state governments and te academic legal community. Students benefit troug participation in internsips, fellowsips and oter researc initiatives, wic in turn assist governments as tey confront te realities of te economy, te political pressures of representative democracy, and te canging landscape of federalism. Ultimately, te PLSG serves as a resource for lawyers and aspiring lawyers as tey strive to better understand te confluence of law and state government. Te PLSG Fellowsips provide a unique opportunity for law students interested in contributing to te contemporary scolarsip of legal issues facing state governments. Awarded annually on a competitive basis, te fellowsips enable two students to work wit Director Cyntia Baker to explore an issue of te students coosing by osting an academic event and developing scolarsip on tat topic. Tis symposium, addressing religion in te public spere, presents te culmination of te ideas, researc, and work of te 2006 PLSG Fellows, Cris Campaniolo and Carrie Lynn. Past fellowsip topics include: etics of public service, administrative adjudication, carter scool law, state regulation and funding of elections, and te internet s impact on state tax systems. For more information about te Program on Law and State Government at te IU Scool of Law-Indianapolis, contact te program s director, Cyntia Baker at or cabaker@iupui.edu, Te Program on Law and State Government would like to tank te Editorial Board of te Indiana Law Review for its support of tis Fellowsip Symposium in anticipation of te upcoming symposium issue of te Indiana Law Review focusing on law and religion. Supported by te Henry J. Kaiser Family Foundation, Menlo Park, California

4 From te State House to te Scoolouse: Religious Expression in te Public Spere Te 2006 Program on Law and State Government Fellowsip Symposium will focus on an aspect of state law interwoven wit America s religious and political istory: te many ways states express religious ideas and messages in te public spere. From state ouse grounds to scoolouse classrooms, policy makers and educators grapple wit an important yet sensitive issue ow to recognize religion s importance wile respecting federal and state constitutional law. In 2001, a monument of te Ten Commandments was displayed in te Rotunda of Alabama s state judicial building. Earlier tis year te Indiana General Assembly enacted House Bill , wic created a new license plate bearing te motto, In God We Trust. And, wile te Sevent Circuit Court of Appeals is currently reviewing a Federal District Court Judge s decision to proibit daily sectarian prayers in te Indiana House camber, a Federal Circuit Court rejected Oio s efforts to limit a preacer s speec at Oio s Stateouse. In many instances, state government decisions regarding religious expression become te subject of public debate, new state legislation, litigation, and, sometimes, front page eadlines. Wen public scool classrooms become an arena for religious expression, te legal debate can become even more complex. In 2001, te Virginia General Assembly began requiring te daily recitation of te Pledge of Allegiance in its public scools. Tose opposed to te law assert tat one nation under God is a form of unconstitutional religious coercion. Altoug te United States Supreme Court as yet to rule on te issue, te 9t Circuit Court of Appeals upeld a similar law, stating tat te recitation of te Pledge of Allegiance constitutes a display of patriotism, not religion. In Pennsylvania, courts denied te efforts of a local scool board to include te Teory of Intelligent Design in te district s biology curriculum. Te decision sparked a national debate, indicating tat te legal dynamics dictating ow religion is incorporated into public scools often remain ambiguous. Public scool teacers face te difficult task of balancing teir roles as representatives of te state wit teir constitutional rigts to free speec. As te boundaries between te rigts and obligations of teacers, students, parents, and te state continue to overlap, discussions of tese issues ave never been more important. Tese topics pose some of te questions state governments face wen religious ideas are expressed in te public spere. Does religion ave a place in state government and in public scools? If so, ow does te law define tat role? In te public scool setting, were does te arm of te state end and te strengt of te local scool district begin? Wo sould decide ultimately ow religion is taugt in public scool classrooms: te citizens of te state, te local taxpayers, te scool district board, te teacers, te parents? Te Program on Law and State Government welcomes your participation in te 2006 Program on Law and State Government Fellowsip Symposium.

5 Registration Te registration fee of $100 ($55 for state government judges and attorneys; $35 for lunc program only) includes coffee service, written materials and lunc. Please complete te attaced registration form and mail wit a ceck made payable to te IU Scool of Law-Indianapolis. Te symposium will carry 3.5 ours of CLE credit. You must include your attorney number if you wis to receive Indiana CLE credit. If you seek CLE credit in anoter state, please contact tat state s continuing legal education commission. Registrations sould be mailed to Te Program on Law & State Government, IU Scool of Law-Indianapolis, 530 West New York Street, Indianapolis, IN Registrations received by September 15, 2006 will avoid late registration fee. Cancellations after September 22, 2006, will not be refunded. Scolarsips based on financial need may be made available. To apply, send a letter outlining academic or professional interest in te symposium and justifying your request for a symposium scolarsip to Arika Bell, IU Scool of Law-Indianapolis, Program on Law and State Government, 530 West New York Street, Indianapolis, IN Requests for scolarsips must be received by September 8, If you ave questions regarding te scolarsips or te symposium, please contact Arika Bell at arlbell@iupui.edu or call (317) Free parking will be available on a first-come, first-served basis in te surface lot immediately west of te law scool building (lot 85). Individuals wit disabilities wo need special assistance, please call (317) Special arrangements can be made to accommodate most needs. Registration Form Name Firm Address City/State/Zip Pone Attorney # I request a vegetarian meal. $100 full registration $55 state government attorney and judge registration fee $35 lunc program only (1 credit of CLE) $125 late registration fee (received on or after September 16, 2006) Total Amount Enclosed $. Return completed form, wit ceck made payable to te IU Scool of Law-Indianapolis Attn: Program on Law & State Government IU Scool of Law-Indianapolis Lawrence W. Inlow Hall, 530 West New York Street Indianapolis, IN 46202

6 INDIANA UNIVERSITY SCHOOL OF LAW - INDIANAPOLIS Lawrence W. Inlow Hall 530 West New York Street Indianapolis, IN PROGRAM ON LAW & STATE GOVERNMENT Fellowsip Symposium From te State House to te Scoolouse: Religious Expression in te Public Spere 3.5 ours of Indiana CLE credit Friday, September 29, 2006 Non-profit Org. U.S. Postage PAID Indianapolis, IN Permit #803