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Engel v. Vitale, 370 U.S. 421 (1962)

Facts:
The parents of ten pupils in New York schools challenged the constitutionality of a New York state law requiring public schools to begin each day with a state authorized prayer drafted by the State Board of Regents. These parents argued that state-sponsored prayers in public schools violate the Establishment Clause.

Issue:
Whether state legislation can require principals, teachers and students to begin the day with prayers that are sponsored and written by the state.

Holding:
In a 6-1 decision (two justices did not participate), the Court held that school officials may not require devotional religious exercises during the school day, as this practice unconstitutionally entangles the state in religious activities and establishes religion.

Reasoning:
Appealing to history, the Court explained that the First Amendment protects religious liberty by keeping government from determining when and how people should pray or worship. Early Americans knew, "some of them from bitter personal experience, that one of the greatest dangers to the freedom of the individual to worship in his own way lay in the Government’s placing its official stamp of approval upon one particular kind of prayer or one particular form of religious services." The Court found that the Establishment Clause prohibits the government from involving itself in devotional religious exercises. It further explained that such separation of church and state protects both government from religious domination, and religion from government tyranny and abuse.

Majority:
"[W]e think that the constitutional prohibition against laws respecting an establishment of religion must at least mean that in this country it is no part of the business of government to compose official prayers for any group of the American people to recite as a part of a religious program carried on by government." (Justice Hugo Black)

Dissent:
"With all respect, I think the Court has misapplied a great constitutional principle. I cannot see how an 'official religion' is established by letting those who want to say a prayer say it. On the contrary, I think that to deny the wish of these school children to join in reciting this prayer is to deny them the opportunity of sharing in the spiritual heritage of our Nation." (Justice Potter Stewart)



Last updated: Thursday, September 9, 2010 | 04:32:45