Sixth Circuit authority appears to distinguish between the nature of this religious image and the motto “In God We Trust”.
In the public mind, the United States Constitution mandates a “separation” between church and state. As a result, many people espouse ideas that suggest that public schools may not so much as permit discussion of religion on school premises. Most school attorneys know, however, that the reality is much different.
The First Amendment of the United States Constitution does indeed prohibit the “establishment” of a national religion and courts have construed this to mean that government, including state and local government via incorporation under the Fourteenth Amendment, may not entangle itself excessively with religion. Yet, case after case has demonstrated that the line between religion and government is a dashed one at best. Moreover, the First Amendment’s protection of individual rights to expression of religion mean that government cannot excessively interfere with or burden the rights of citizens to engage in religious activity. As a result of this, religion happens in public schools in America; there are just limits on how and when it happens.
A recent example of this is H.B. 46 which the Kentucky General Assembly passed last term. It amends KRS 158.195 to require public schools to post the national motto “In God We Trust” in a prominent location on its elementary and secondary schools. The ACLU of Kentucky opposed the bill, on the belief that it “sent a message that only students who believe in God are welcome in our public schools.” No action has yet been taken to challenge the law in court or prevent its enforcement. This may be because Sixth Circuit precedent suggests that such a challenge would be an uphill battle. In ACLU v. Capitol Square & Advisory Board, 243 F.3d 289 (6th Cir. 2001), the Sixth Circuit rejected a First Amendment challenge to Ohio’s state motto “With God All Things Are Possible”. While this decision does not apply to schools specifically, it certainly suggests that a motto which merely mentions “God” does not necessarily offend the Establishment Clause.
Claire E. Parsons is a Member at Adams Law, PLLC in Covington, Kentucky. She has practiced for the last twelve years in the areas of litigation, civil rights, employment, school law, special education, and municipal law. Claire lives in Union, Kentucky with her husband, Brian, their two daughters, and two dogs.
Claire is an active leader in her community and in the legal profession. She has led innovative charitable programs in her community, statewide legal organizations, committees relating to the promotion of women professionals, and serves nationally on the Board of MothersEsquire. Claire is also a frequent writer and speaker for these and other organizations. She has published and spoken about numerous topics, ranging from complex legal issues, to law practice, networking and marketing, as well as mindfulness and wellness for lawyers and other professionals. She writes regularly on LinkedIn and even co-authored a book this year with 19 other women lawyers about how they used the platform to network and pursue career goals during the pandemic.
In 2013, Claire began a mindfulness practice early in her law career and as she was learning to be a new mom to her eldest daughter, Sophie. When Claire began the practice, she saw it gradually transform her life for the better by helping her to reduce overthinking, manage stress, and infuse compassion practices into her daily life. Over the next few years, she continued to study mindfulness practices and attend retreats.
In 2018, Claire began speaking and writing on these topics and she quickly became regarded as a resource for professionals as someone who can explain meditation practices in an approachable and practical way. In 2020, she completed the online meditation teacher certification program with The Mindfulness Center founded by Deborah Norris, Ph.D., to refine her understanding of the science of mindfulness and its practical applications. Claire enjoys sharing her experience with mindfulness in her practical, and often humorous voice, to help humanize the legal profession and to make life a little easier for her community.
View all posts by Claire E. Parsons
