Nondinominational Prayer in Public Schools (Essay Sample)

Question four.
(I) Issues :
- The issue here was whether school sponsored nondinominational prayer in public schools violates the establishment cause of the First Amendment.
- The issue was adopted on the recommendation of the State Board of Regents, a governmental agency created by the State Constitution to which the New York Legislature has granted broad supervisory, executive, and legislative powers over the State's public school system.
(II) Rules :
- . The Court ruled that for public schools to compose official prayers and hold formal recitation of them violated the Establishment Clause of the Constitution.
- In an opinion delivered by Justice
Hugo Black, the Court ruled that government-written prayers were not to be recited in public schools and were a violation of the U.S. Constitution and the Establishment Clause of the first amendment. This was decided in a vote of 6-1, because before the decision could be announced.
- The Court held that the mere promotion of a religion is sufficient to establish a violation, even if that promotion is not coercive.
-The Court rejected the defendant's arguments that people are not asked to respect any specific established religion; and that the prayer is voluntary.
- The Court further held that the fact that the prayer is vaguely worded enough not to promote any particular religion is not a sufficient defense, as it still promotes a family of religions , which still violates the Establishment Clause.
(III) Application:
- the plaintiffs sought to challenge the constitutionality of the state's prayer in school policy. They were supported by groups opposed to the school prayer including rabbinical organizations, Ethical Culture, and Judaic organizations.
- The board had written and authorized a voluntary nondenominational prayer that could be recited by students at the beginning of each school day.
- The lower courts that heard the case upheld the power of New York to allow the prayer to be said each day as long as no student was forced to participate or if the student was compelled to do so over the parents' objection.
(IV) Conclusion:
- The religious nature of prayer was recognized and has been concurred in by theological writers, the United States Supreme Co