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Separation of church and state as applied to higher education

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What limitations are there on the exercise of religion in institutions that accept government funds?

To what extent may government be involved with higher education institutions affiliated with religious organizations?

What does the First Amendment "free exercise clause" mandate as applied to higher education institutions?

What does the First Amendment "establishment clause" mandate as applied to higher education institutions?

How can these two clauses be reconciled?

What differences between private and church-related institutions are mandated in state-private sector relations?
When does a private institution become public?

When does the Fourteenth Amendment apply to private institutions?

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Solution Summary

The Solution addresses various questions about the Fourteenth Amendment's application to private institutions, specifically higher education, and the concept of separation of church and state.

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1) What limitations are there on the exercise of religion in institutions that accept government funds?

For this answer, you can discuss how the government is limited in how much they can fund religious institutions within the USA, because America is a pluralist and secular society where it is not possible for the government to mesh with any religious institution or sectarian body. Institutions must allow for the freedom to exercise religion if they are to accept federal funding. If the institution supports or is biased towards a specific religious group, receiving funding from the government would go against the constitution. You can elaborate on this by reading the following paper, "The Law and Spirituality: How the Law Supports and Limits Expression of Spirituality on the College Campus" found at the link below (also included in your 5 scholarly references): http://onlinelibrary.wiley.com/doi/10.1002/ss.21/full

2) To what extent may government be involved with higher education institutions affiliated with religious organizations?

For this answer, you can talk about how the government can potentially fund higher education religious institutions if they undertake or are devoted to helping non-secular needs of society. For example, in 1899 federal funding was granted for the construction of a hospital wing which was operated by a Roman Catholic order. However, since it provided services for the needy, the Court viewed the hospital as secular. Governments have also provided funding for institutional supplies which are dedicated to furthering education and knowledge. For example, in 1968, the "child benefit" theory allowed for federal loans to be provided for parochial school textbooks. Indirect financial aid relating to textbooks, transportation, or testing services has been provided by the government since the funding is meant for secular purposes. You can read the following article to further elaborate: http://law.justia.com/constitution/us/amendment-01/02-establishment-of-religion.html

3) What does the First Amendment "free exercise clause" mandate as applied to higher education institutions?

This clause supports the idea of being ...

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