72 | Teaching and Religion: Where Does the Establishment Clause Draw the Line Now?

When does teaching about religion become teaching religion? And after recent Supreme Court decisions, does that line even still exist? In this episode, we dive into Hilsenrath v. School District of the Chathams, a case involving a middle school world cultures class and a parent's claim that lessons on Islam crossed the constitutional line. The case forces courts (and educators) to grapple with a fundamental question: When does instruction about religion become government endorsement of religion?As always, we break down the facts, legal reasoning, and broader implications for schools navigating the ever-evolving relationship between public education and religion. Along the way, we explore how recent decisions like Kennedy v. Bremerton and Mahmoud v. Taylor have reshaped the legal landscape, replacing long-standing tests with new—and often murkier—frameworks grounded in history and tradition.We also discuss a major Fifth Circuit decision involving Texas’s Ten Commandments law and what it may signal for the future of religion in public schools. If it feels like Establishment Clause jurisprudence is shifting beneath our feet, you’re not alone. This is a packed episode about one of the most consequential—and unsettled—areas of education law today.Check out our updated website (www.chalkandgavel.com) to sign up for our newsletter, support the show, find our episode database, and grab some merch.Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapisChalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more and register to attend the 2026 Institute, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html#EducationLaw #FirstAmendment #EstablishmentClause #EducationalLeadership #ConstitutionalLaw #ChurchAndState #K12#FreeExerciseClause