EXERCISE CAMPUS LEGAL OPPORTUNITIES

 

Kevin couldn't believe what he read. He immediately called the principal to see if he had done something wrong. The principal apologized for having to write the letter to Kevin and acknowledged that he had been a positive influence on the students and had conducted himself appropriately. But, he explained, the law prevented Kevin from coming on campus during school hours for religious purposes.

 

Youth leaders often hear this kind of response . . . that the law prohibits them from access to the campus, much less doing ministry on public school campuses. In a recent Lifeway Research poll and a Freedom Forum poll, over half, respectively 54% and 56% of Americans think religious liberty is taking a hit—facing serious threats in the good old USA. From what we hear on the news reports, it’s surprising those polling stats are not higher. Yet when we know the legal realities, IS THAT REALLY TRUE?

 

More Religious Freedom than Ever!

Most people now know the famous Coach Joe Kennedy case. According to Restoring Faith in America, in Kennedy v. Bremerton School District, Coach Joe Kennedy scored a touchdown for religious liberty. The court system had said he could not kneel at the center of the football field after a game to pray, and his players could not pray with him even though the prayer was voluntary. After he was fired from coaching and after a long battle through the court system and eventually going to the Supreme Court, they ruled in his favor, giving him the green light to pray at the 50-yard line after games. And that win was not just a win for him—it's a game-changer for all of us. The Supreme Court said goodbye to Lemon v. Kurtzman, a now out-of-date precedent that has kept us from exercising our legal rights for way too long. Teachers, staff, and coaches can let their faith shine without holding back!

      

Youth leaders—plus teachers, parents, and students—have exciting times ahead as we plan for another school year! The legal landscape has changed significantly thanks to some major wins at the U.S. Supreme Court, as well as clarity for teachers and students from the U.S. Department of Education.

 

To take advantage of these changes for campus ministry purposes, we need to know the lay of the land. What opportunities and options do we actually have? To help you and your students, Gateways to Better Education launched the free "Student-Led Free to Speak Campaign." Their two excellent videos provide helpful information that will guide you regarding your rights as a youth leader on campus: “Guidance for Educators on Religious Expression” and “Guidance for Students on Religious Expression.” 

 

It’s a new day! We have more freedom now than we have had in decades!

 

Students and Religious Freedom on Campus

While current First Amendment interpretation prohibits public schools from observing certain religious practices, and while youth leaders may have only restricted access to the public schools during school hours, youth leaders, teachers, parents, and students need to know that the Constitution protects the rights of teachers and students in the public schools.

 

The same rules apply to students who wish to express their religious views on the public-school campus. Students also have the right under the First Amendment to freely associate with others who are like-minded. Some youth leaders have found that occasionally a hostile administrator may attempt to intimidate Christian students from expressing their views, or from sharing their faith on the campus. The United States Constitution protects students in such situations, and both the students and the administration should be informed of this fact. Youth leaders can conclude, then, that the Constitution protects the student who wishes to share his faith and disciple others. In addition, youth leaders need to inform their students regarding their constitutional rights as well as equip and mobilize them to be bold witnesses at school, without engendering a rebellious spirit on their part.

 

Teachers/Coaches and Religious Freedom on Campus

Teachers and coaches like Coach Kennedy also have a right to express their views under the First Amendment. As the Supreme Court stated in the Tinker case, "It can hardly be argued that either students or teachers shed their constitutional rights . . . at the  schoolhouse gate." That means teachers and coaches, like students, are entitled to express their views under First Amendment protection.

 

However, the courts do not give as much latitude to such expression for teachers because of a concern that students may interpret that the school approves or officially sanctions the teachers' views. Also, teachers are not permitted to use the classroom to indoctrinate students. The ideal open door with teachers is for youth leaders to come alongside Christ-following teachers and help them develop strategies that will permit them to express their views without violating the prohibition on indoctrination. It’s a call to action for teachers and coaches!

 

Youth Leaders on the Campus

Effective youth leaders understand the importance of establishing rapport with school officials before having permission to come to the campus and have a presence there. Without relationships built, making unannounced visits is not wise. A solid relationship of submission and service with sympathetic administrators can lead to greater access to students and fruitful ministry.

 

Though access to the campus for a youth pastor varies widely across the nation, as a youth leader you can maximize your influence by reading and implementing the practical suggestions and solutions in the first five sections of Campus Connections. Doing that will help build strong relationships on a campus with school administrators, teachers, coaches . . . and students as well.

 

Join the Movement

According to Restoring Faith in America: "For decades, public religious expression was censored, and people of faith were stripped of their constitutional rights. Religious Americans were accustomed to playing defense and reacting to violations of our First Freedom. But with this new momentum for religious freedom, we cannot stand idly by . . . it’s time for us to go on offense."

 

If you are unsure about taking some forward steps of action, it’s always good to reach out for guidance. Your religious rights in public schools are protected, but it is important to remain respectful and in line with what your school allows. If you are unsure about what your rights are or are challenged about them, a number of organizations stand ready to support you and guide you.

 

Now is the time . . . this is our call to action! By following the rules and building relationships, the “adults in the room” can motivate, equip and mobilize our students to become the bold advocates and witnesses for Jesus on their campuses that He has called them to be!

 

Resources

These resources from Restoring Faith in America and First Liberty offer quick, simple, practical and highly encouraging guidance.

 

• “Now You Can!” (1:27) – Regaining the freedom to express your faith

 

• “Great News” (3:04) – Kelly Shackleford explaining what can be done by everyone to help restore faith in America

 

• “Public School Protection Kit” – Exercising your rights in public schools

 

• Gateways for Better Education to access the "Student-Led Free to Speak Campaign."

 

• “The Latest News” – Staying in touch with issues regarding the campus and more

 

• “Excellent Resources”– A variety of resources that address the campus and more

 

Thanks

Thanks to the following. Their research and materials have been very helpful.

 

• Restoring Faith in America, rfia.org

 

• The Freedom Forum: freedomforum.org

 

• Lifeway Research: Research.lifeway.com

 

• Gateways to Better Education: gogateways.org