Religion And The Establishment Clause A Look At Sex...

Religion and the Establishment Clause: A Look at Sex Education Policy Carsen Jenkins Sex education in public schools is an extremely controversial topic within the current United States climate. Many states heavily regulate the curriculum, creating restrictions on what teachers can and cannot discuss. When looking at these restrictions, specifically on teaching about sexual orientation and promoting abstinence until marriage, there seems to be connection with religious ideas of sex and sexuality. Many different religions have strong views of abstinence or chastity along with adverse opinions regarding homosexuality. Additionally, many states require the promotion of abstinence until marriage along with active criticism of homosexuality. If these requirements are indeed rooted in religious belief, it is imperative to examine the establishment clause, which prevents any state organization from promoting or establishing a religion. Previous litigations have applied the Lemon test to determine whether a law or regulation is violating the establishment clau se. To pass this test, a law must have a secular purpose, have a predominantly secular effect, and not foster excessive entanglement between government and religion. After researching the state requirements for sex education in Alabama, Texas, South Carolina, and Utah, the legislation does not have a clear secular purpose nor a primary secular effect, consequently violating the establishment clause. The first step inShow MoreRelatedThe Constitution Is The Highest Level Of Law1858 Words   |  8 PagesFirst Amendment addresses several personal freedoms. The first clause of the First Amendment, the establishment of free exercise of religion clause, was the focus on taking legal action in education. There have been many cases and disputes that argue the appropriate government relationship in relation to religion. 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