Term Paper on "Zelman vs. Simmons Harris"

Term Paper 3 pages (1019 words) Sources: 1

[EXCERPT] . . . .

Zelman vs. Simmons-Harris

The First Amendment of the Constitution dictates that all persons within the United States have the right to live their lives freely, according to their choosing, and without fear of persecution for any reason, whether on the grounds of religion, race or any other distinctive trait. The issue touched upon in the Zelman vs. Simmons-Harris case (2002) is indeed a constitutional one, but also one that is complicated and that can be viewed from either side. It appears however that the decision of the Supreme Court to allow public funds to be used for private schooling, whether religious or not, does to a certain degree defeat the inherently constitutional provision of non-discrimination and freedom of choice for all persons.

The impact of the decision on classroom practices is significant. The decision to allow public funds to go towards underprivileged children being educated in religious schools would result in a greater inflow of students to such schools. This in turn would result in a growth in this type of religious schooling, which could again impact upon the schooling system in general. Not only would these children then receive the "quality" of education aimed at by the ruling of the Court, but such education would also be religious. Children educated under these circumstances are not exposed to the constitutional freedom of choice in terms of, among others, religion. Thus, while the parents admittedly exercise their constitutional freedom of choice, these choices are imposed upon children. Parents therefore perceive that the educational needs of their children are met, whereas in fact this is not the case.

The quality of education that each child needs does not entail only academic instruction, but also a holistic type of instruction that will best equip them to live within general society. Allowing parents a choice of private schools that include those focusing on singularly religious teaching thus does not meet the needs of the child from the point-of-view of the rights guaranteed by the constitution.

American children need to be educated as Americans. This entails that the Constitution is primarily important, as it is the law upon which social fabric rests. In the classroom then, children should be exposed to the concepts of both choice and tolerance in every area of life. The tendency in religious schools is not to include this in classroom practice. Children's needs in these schools are seen from a religious viewpoint rather than a social one. Thus classroom practice focuses on this. Providing public funding for this type of education would encourage an increasing number of schools to adopt this practice, as the demand from the religious sector of the public would be higher.

As stated above, using public monies for private education that might include specific religious instruction is unconstitutional in terms of student needs. It is however also unconstitutional in terms of public freedom. While a stand can be taken from parents' point-of-view, that they see the needs of their children as including religious instruction, funding for such education should be on the shoulders of the… READ MORE

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