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1
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- In Cantwell v. Connecticut, 310 U.S. 296 (1940), and Everson v. Board of
Education, 330 U.S. 1 (1947), the Supreme Court held that the First
Amendment religious clauses applied to the states
- Thus No State can establish a
religion nor prohibit the free exercise of religion
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2
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- State officials may not compose an official state prayer and require
that it be recited in the public schools of the State at the beginning
of each school day for this constitutes an establishment of religion
- - even if the prayer is denominationally neutral and pupils who wish to
do so may remain silent or be excused from the room while the prayer is
being recited.
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3
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- The respondent Board of Education of Union Free School District No. 9,
New Hyde Park, New York, acting in its official capacity under state
law, directed the School District's principal to cause the following
prayer to be said aloud by each class in the presence of a teacher at
the beginning of each school day:
- "Almighty God, we acknowledge our dependence upon Thee, and we beg
Thy blessings upon us, our parents, our teachers and our Country."
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4
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- 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.
- There can, of course, be no doubt that New York's program of daily
classroom invocation of God's blessings as prescribed in the Regents'
prayer is a religious activity. It is a solemn avowal of divine faith
and supplication for the blessings of the Almighty.
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5
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- It is a matter of history that this very practice of establishing
governmentally composed prayers for religious services was one of the
reasons which caused many of our early colonists to leave England and
seek religious freedom in America.
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6
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- It is an unfortunate fact of history that when some of the very groups
which had most strenuously opposed the established Church of England
found themselves sufficiently in control of colonial governments in this
country to write their own prayers into law, they passed laws making
their own religion the official religion of their respective colonies.
- Indeed, as late as the time of the Revolutionary 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.
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7
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- But the successful Revolution against English political domination was
shortly followed by intense opposition to the practice of establishing
religion by law.
- This opposition crystallized rapidly into an effective political force
in Virginia where the minority religious groups such as Presbyterians,
Lutherans, Quakers and Baptists had gained such strength that the
adherents to the established Episcopal Church were actually a minority
themselves.
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8
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- By the time of the adoption of the Constitution, our history shows that
there was a widespread awareness among many Americans of the dangers of
a union of Church and State.
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9
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- 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
- The people's religious [beliefs] must not be subjected to the pressures
of government for change each time a new political administration is
elected to office.
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10
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- 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.
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11
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- There can be no doubt that New York's state prayer program officially
establishes the religious beliefs embodied in the Regents' prayer.
- The respondents' argument to the contrary, which is largely based upon
the contention that the Regents' prayer is
"non-denominational" and the fact that the program, as
modified and approved by state courts, does not require all pupils to
recite the prayer but permits those who wish to do so to remain silent
or be excused from the room, ignores the essential nature of the
program's constitutional defects.
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12
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- Neither the fact that the prayer may be denominationally neutral nor the
fact that its observance on the part of the students is voluntary can
serve to free it from the limitations of the Establishment Clause, as it
might from the Free Exercise Clause, of the First Amendment, both of
which are operative against the States by virtue of the Fourteenth
Amendment.
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13
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- 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 purposes underlying the Establishment Clause go much further
than that. Its first and most immediate purpose rested on the belief
that a union of government and religion tends to destroy government and
to degrade religion.
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14
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- The history of governmentally established religion, both in England and
in this country, showed that whenever government had allied itself with
one particular form of religion, the inevitable result had been that it
had incurred the hatred, disrespect and even contempt of those who held
contrary beliefs.
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15
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- It is true that New York's establishment of its Regents' prayer as an
officially approved religious doctrine of that State does not amount to
a total establishment of one particular religious sect to the exclusion
of all others - that, indeed, the governmental endorsement of that
prayer seems relatively insignificant when compared to the governmental
encroachments upon religion which were commonplace 200 years ago.
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16
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- 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:
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17
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- "[I]t is proper to take alarm at the first experiment on our
liberties. . . . Who does not see that the same authority which can
establish Christianity, in exclusion of all other Religions, may
establish with the same ease any particular sect of Christians, in
exclusion of all other Sects? That the same authority which can force a
citizen to contribute three pence only of his property for the support
of any one establishment, may force him to conform to any other
establishment in all cases whatsoever?"
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