home > religious liberty or student rights Missionary Week in Public High Schools June 10, 1999 The ACLU of Utah has recently received inquiries from parents and students concerning the constitutionality of what is known as "missionary week" in numerous public high schools throughout Utah. During missionary week, students apparently come to school in their missionary dress and participate in extra-curricular activities sponsored by a local LDS Seminary. Some non-LDS students and parents have expressed their uneasiness with what they perceive to be an improper mingling of church and state in violation of the First Amendment. With respect to freedom of religion generally, two components of this constitutional guarantee have developed, i.e., the Free Exercise Clause and the Anti-Establishment Clause. While the former emphasizes the right of the individual to freely express his or her religious beliefs, the latter underscores the separation of church and state doctrine prohibiting the creation of laws "respecting an establishment of religion." At times, these aspects may appear to conflict, and the U.S. Supreme Court has struggled to balance these interrelated principles. However, when faced with a freedom of religion issue, the key issues are (1) whether the action improperly advances or inhibits the religious activity in question, (2) whether the action amounts to an excessive government entanglement with religion, Lemon v. Kurtzman (1971), or, alternatively, (3) whether the action constitutes an endorsement of religion or a particular religious belief, Lynch v. Donnelly (1984). According to the facts as presented to the ACLU, the missionary week activities at Utah public high schools do not appear to violate church and state principles for several reasons. First, the activity is sponsored externally by private LDS seminary institutions rather than by the public schools themselves. Second, it seems that school officials are indeed cautious not to endorse or proselytize LDS religious beliefs to students so that there is no inappropriate government entanglement. Finally, missionary week activities appear to be consistent with the "individual's freedom to believe, worship, and to express himself in accordance with the dictates of his own conscience." Wallace v. Geoffrey (1985). While the ACLU reserves the right to change its position if additional facts are presented indicating an improper state endorsement of religious beliefs, at present, the position of the ACLU is that mission week activities at Utah public high schools amounts to constitutionally protected religious expression.

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