CONSTITUTIONAL
& LEGAL.
Released Time Christian Education has been upheld as constitutional by the U.S. Supreme Court.
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The program occurs off-campus, is funded by religious organizations, with zero school participation, ensuring compliance with the Constitution's Establishment Clause while upholding the First Amendment's protections for the free exercise of religion.
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Constitutional & Legal
Brad Dacus, Constitutional Attorney, and President of Pacific Justice Institute explains the constitutionality of Released Time Christian Education.
02
Zorach v. Clausen
In the landmark Supreme Court case Zorach v. Clauson, the U.S. Supreme Court upheld a program allowing public schools to release students during school hours for religious instruction.
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Decision: The Supreme Court ruled in favor of the program and stated that it did not violate the Establishment Clause because it did not establish a state religion nor coerce participation in religious activities.
Accommodation: The Court distinguished between practices that fostered religion and those that merely accommodated religious beliefs without promoting them.
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Non-preferentialism: The Court held that the program's purpose was secular (to accommodate religious beliefs) rather than religious, and it did not involve the state in religious activities.
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Significance: Zorach v. Clauson established an important precedent regarding government accommodation of religion in public institutions. It affirmed the constitutionality of certain forms of cooperation between government and religious institutions, as long as they did not promote or favor a specific religion.
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Conclusion: Released Time is Constitutional and legal when:
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Students physically leave the school premises for instruction, meaning the religious activities are conducted off-campus.
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The costs are entirely covered by the religious organizations, indicating that there is no financial burden on the government nor the school system.
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The schools have no involvement in the operation of the Released Time program.
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Justice William O. Douglas
“We are a religious people whose institutions presuppose a Supreme Being. When the state encourages religious instruction or cooperates with religious authorities by adjusting the schedule of public events to sectarian needs, it follows the best of our traditions. For it then respects the religious nature of our people and accommodates the public service to their spiritual needs.”
Justice William O. Douglas, Zorach v. Clauson (1952)
04
Free Exercise of Religion
Released Time programs do not a violate the principle of separation of Church and State, rather, they uphold this doctrine by accommodating a variety of beliefs and ensuring schools remain neutral. Such programs merely accommodate religious beliefs without promoting or favoring any specific religion.
​By taking place off-campus, funded by religious organizations, with zero school involvement, they are constitutional under the Establishment Clause, preserving religious freedom without entangling government with religious practices.
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Furthermore, these programs protect students' and parents' rights to freely exercise their religion, thus promoting the Founders' values of safeguarding the free exercise of religion.