No religious test shall ever be required as a condition of admission into the public schools or any educational institution of this state, either as a teacher or student, and no teacher or student of such school or institution shall ever be required to attend or participate in any religious service whatsoever.

ANNOTATIONS

Cross references. — For provisions guaranteeing freedom of religion, see N.M. Const., art. II, § 11, and art. XXI, § 1.

For excusing students from school for religious instruction, see 22-12-3 NMSA 1978.

Comparable provisions. — Idaho Const., art. IX, § 6.

Montana Const., art. X, § 7.

Utah Const., art. X, § 8.

Wyoming Const., art. VII, § 12.

Court may properly enjoin dissemination of sectarian literature in schoolrooms. Miller v. Cooper, 1952-NMSC-047, 56 N.M. 355, 244 P.2d 520.

Sister teaching in public school entitled to salary. — Under this section and N.M. Const., art. II, § 11, there can be nothing in the law prohibiting payment of sisters who are qualified and employed to teach in public schools. Such a law would result in making their religious life or religious vows a test of their admission as teachers to our public schools contrary to the constitution. 1939 Op. Att'y Gen. No. 39-3101.

There is no objection to reading portions of Bible without comment in public school assembly. 1922 Op. Att'y Gen. No. 22-3423.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 68 Am. Jur. 2d Schools §§ 298, 299, 337 to 339, 349 to 358.

Sectarianism in schools, 5 A.L.R. 866, 141 A.L.R. 1144, 45 A.L.R.2d 742.

Power of school authorities to provide course of Bible study, 70 A.L.R. 1314.

Inclusion of period of service in sectarian school in determining public schoolteachers' seniority, salary or retirement benefits, as violation of constitutional separation of church and state, 2 A.L.R.2d 1033.

Releasing public school pupils from attendance for purpose of receiving religious instruction, 2 A.L.R.2d 1371.

Wearing of religious garb by public schoolteachers, 60 A.L.R.2d 300.

Use of public school premises for religious purposes during nonschool time, 79 A.L.R.2d 1148.

Public payment of tuition, scholarship or the like, to sectarian school, 81 A.L.R.2d 1309.

Furnishing free textbooks to sectarian school or student therein, 93 A.L.R.2d 986.

Constitutionality of regulation or policy governing prayer, meditation, or "moment of silence" in public schools, 110 A.L.R. Fed. 211.

Bible distribution or use in public schools - modern cases, 111 A.L.R. Fed. 121.

79 C.J.S. Schools and School Districts § 447.