School Prayer

While religion in schools has raised questions about curricula and free expression, the Supreme Court's initial decisions on school prayer were among its most controversial in any area of law. In 1962 and 1963, the Court considered the acceptability of voluntary nondenominational morning prayer, and mandatory bible reading in school. In 1992, it considered allowing a clergy member to offer prayer at a public-school graduation. In each case that we will read today, the Court finds a violation of the Establishment Clause. 

The Court uses different tests in analyzing the constitutionality of school prayers. Which test do you find most persuasive? Do you think that coercion should include psychological coercion? If so, is a one-time prayer at a graduation more or less psychologically coercive than prayer during the morning announcements every day?

The Court in Schempp asserts that the state “is firmly committed to a position of neutrality.” Is it possible for the government to be neutral in the realm of school prayer? In the realm of religion generally? And how do we define neutrality? Is government neutral if it doesn’t prefer or disfavor a particular religious faith? If the government doesn’t penalize religion? If it doesn’t endorse a particular religion?

Despite key decisions from the Supreme Court, the issue of school prayer has yet to be fully resolved. Questions remain concerning prayer and faith in schools on issues such as displays, programming, and clubs.

Reading Assignment:

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

  • Abington School District v. Schempp, 374 U.S. 203 (1963)

  • Lee v. Weisman, 505 U.S. 577 (1992)

  • Kennedy v. Bremerton School District, 597 U. S. 507 (2022)

 Optional Reading: