The First Amendment put an end to placing any one church in a preferred position. Does a State law allowing schools to lead students in prayer violate the Establishment Clause?

[370

In Rhode Island all Protestants enjoyed equal privileges but it is not clear whether Catholics were allowed to vote. Christmas, I suppose, is still a religious celebration, not merely a day put on the calendar for the benefit of merchants. When the power, prestige and financial support of government is placed behind a particular religious belief, the indirect coercive pressure upon religious minorities to conform to the prevailing officially approved religion is plain. But the Supreme Court decision in Engel v. Vitale (1962) held that official recitation of prayers in public schools violated the First Amendment’s Establishment Clause.

172. . War, there were established churches in at least eight of the thirteen former colonies and established religions in at least four of the other five.

[ There is, however, no effort at indoctrination and no attempt at exposition. dissenting opinion of Mr. Justice Rutledge, at pp. West Virginia State Board of Education v. Barnette,

The Book of Common Prayer, The nature of such a prayer has always been 20

See Rule VII, Rules of the House of Representatives, H. R. Doc. The First Amendment was added to the Constitution to stand as a guarantee that neither the power nor the prestige of the Federal Government would be used to control, support or influence the kinds of prayer the American people can say -

We have tutors online 24/7 who can help you get unstuck. ] The New York Legislature follows the same procedure. The New York Court of Appeals rejected their arguments. But upon the accession of Elizabeth in 1558, the Book was restored with important alterations from the form it had been given by Edward VI. ] For example, the Puritans twice attempted to modify the Book of Common Prayer and once attempted to destroy it. And I do not believe the State of New York has done so in this case. The Engel v. Vitale Supreme Court decision of 1962 dealt with this very question. Yet once government finances a religious exercise it inserts a divisive influence into our communities. 7 Footnote 1 ] Memorial and Remonstrance against Religious Assessments, II Writings of Madison, at 187. These men knew that the First Amendment, which tried to put an end to governmental control of religion and of prayer, was not written to destroy either.

] Rules of the Senate provide that each calendar day's session shall open with prayer.

I cannot see how an "official religion" is established by letting those who want to say a prayer say it. His words give context for the amendment by revealing more about the author's intentions.

[370 contains these verses: Countless similar examples could be listed, but there is no need to belabor the obvious. ] It would, I assume, make no difference in the present case if a different prayer were said every day or if the ministers of the community rotated, each giving his own prayer. 18 (1957 ed. See Cobb, The Rise of Religious Liberty in America (1902), pp. But the court separates religion's historical context from the idea of government promoting a religion.

It is enough on this score, however, that regulations, such as were adopted by New York City's Board of Education in connection with its released time program, be adopted, making clear that neither teachers nor any other school authority may comment on participation or nonparticipation in the exercise nor suggest or require that any posture or language be used or dress be worn or be not used or not worn. On April 30, 1789, President George Washington said: [ [370 . With him on the briefs was Stanley Geller.

The New York State Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day.

U.S. 421, 440]

Footnote 2 . No one is forced to practice a particular faith because of this action. That church was supported by taxation.

This, however, is not that case, for there is no element of compulsion or coercion in New York's regulation requiring that public schools be opened each day with the following prayer: In short, the only one who need utter the prayer is the teacher; and no teacher is complaining of it. 3 Id., at 187.

We think that by using its public school system to encourage recitation of the Regents' prayer, the State of New York has adopted a practice wholly inconsistent with the Establishment Clause. MR. JUSTICE BLACK delivered the opinion of the Court.


https://billofrightsinstitute.org/educate/educator-resources/lessons-plans/landmark-supreme-court-cases-elessons/engel-v-vitale-1962/, 1310 North Courthouse Rd.

Footnote 4

To those who may subscribe to the view that because the Regents' official prayer is so brief and general there can be no danger to religious freedom in its governmental establishment, however, it may be appropriate to say in the words of James Madison, the author of the First Amendment: MR. JUSTICE WHITE took no part in the consideration or decision of this case.
Course Hero, "Engel v. Vitale Study Guide," October 16, 2018, accessed October 10, 2020, https://www.coursehero.com/lit/Engel-v-Vitale/.

[370 Parrington, Main Currents in American Thought (1930), Vol.

Under that Amendment's prohibition against governmental establishment of religion, as reinforced by the provisions of the Fourteenth Amendment, government in this country, be it state or federal, is without power to prescribe by law any particular form of prayer which is to be used as an official prayer in carrying on any program of governmentally sponsored religious activity. U.S. 421, 432] 18

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