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ENGEL v. VITALE, 370 U.S. 421 (1962)
  • 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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Official State Prayers Unconstitutional
  • 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.


3
MR. JUSTICE BLACK delivered the opinion of the Court.
  • 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."


4
Regents' Prayer Religious
  • 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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History of Religious Freedom
  • 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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Early Establishment of Religion in America
  • 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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Opposition to Established Religion
  • 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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Awareness of Dangers of Establishment of Religion
  • 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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First Amendment Religious Clauses
  • 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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Constitutional Limits
  • 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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New York's State Prayer
  • 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.
12
Constitution Prohibits State Sponsored Voluntary Prayer in Any Form
  • 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.
13
Indirect Coercive Pressure Upon Religious Minorities
  • 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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Established Religion Undermines Government
  • 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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New York Establishment Not Total
  • 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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But Any Establishment if Dangerous to Our Liberty
  • 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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James Madison's View
  • "[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?"