In August of 2012, the Fourth Circuit Court of Appeals decided Moss v. Spartanburg County School District Seven, a case of first impression in Establishment Clause jurisprudence. At issue was whether it was constitutional for public school students to receive academic credit for private religious instruction they received during release time. In the battle over the proper role of religion in schools, few stones have been left unturned. Advocates on both sides of the spectrum pay close attention to novel Religion Clause cases, as the proper relationship between religion and the State remains ever in limbo. This makes Moss particularly important, both for how it was decided and for what this decision might mean in other jurisdictions going forward.
The decision in Moss spoke directly to one of the most convoluted aspects of establishment jurisprudence: the proper role of religious instruction in public education. Specifically, the court had to determine whether a South Carolina statute that allowed public schools to give public school credit for private religious instruction constituted an establishment of religion in violation of the First Amendment. In 2006, South Carolina passed the Released Time Credit Act (“RTCA”), which allowed public schools to give up to two public school credit hours to students who partook in private religious instruction during release time. Further, the grades students received as part of these classes were reported back to the public school districts.
This Note will focus both specifically on the Fourth Circuit’s opinion in Moss, and more generally on how this opinion fits into the larger world of Establishment Clause precedent.
