Engel V. Vitale Court Case Summary

Constitution's First Amendment requirement that the District neither establish religion in the schools nor prohibit students’ free exercise of religion according to pertinent interpretation and application of those constitutional provisions by the courts. Any religious characters need to conform to policy 8800” (Markesan District School, 2013). “Decisions of the United States Supreme Court have made it clear that it is not the province of a public school to advance or inhibit religious beliefs or practices” (Markesan District School, 2015). Under the First and Fourteenth Amendments to the Constitution, this remains the “inviolate province of the individual and the church of his/her choice. The rights of any minority, no matter how small, must be protected. District staff members shall not use prayer, religious readings, or religious symbols as a devotional exercise or in an act of worship or celebration” (20 U.S.C. 4071 et seq.) (Markesan District School, 2015). Having examined the Markesan District School First Amendment related to this topic the next step is to conclude my research on this topic.

Religion is one of the most controversial issues in society today. The concern of allowing prayer in schools is an on-going debate and has resulted in numerous lawsuits. Religious school clubs, after school activities, curriculums, and moments of silence during school are just a few of the court cases that judges have administered. People in favor of prayer in schools believe that their children can only learn certain values through religious practice. On the other hand, an individual against religious practice in schools views this issue as an infringement on his or her children’s rights as Americans.

Since the founding of America, there has been concern with the church manipulating government. The separation of Church and State was to make sure the church did not become more powerful than government. In spite of wanting a separation of church and state, The United States of America became one nation under God. The earliest test of the separation of church and state with respect to education is McCollum versus Board of Education. This was a landmark case the United States Supreme Court in 1948 ended the power of a state to use its tax-supported public school system in aid of religious instruction. “The court case which prohibited the state from sponsoring specific prayers in public schools was Engel v. Vitale, decided in 1962 by an 8-1 vote.” (Cline p) It is unconstitutional to compose a school prayer and make students repeat it daily. Although these cases protect our religious freedoms, there is some fear that expelling God from public school has adverse effects. God can still be present; teachers can lead by example and teach behaviors and ethics that

The case of Wallace v. Jaffree calls into question the constitutionality of an Alabama statute that authorized teachers to lead a one-minute period of silence for “meditation or voluntary” prayer in all public schools. Ishmael Jaffree, the parent of three students in the Mobile County Public School system filed a complaint that two of his three children had been “subjected to various acts of religious indoctrination,” as a result of Alabama statute 16-1-20.1 and asked for an injunction prohibiting Mobile County schools from “maintaining or allowing the maintenance of regular religious prayer services.” The purpose of Jaffree’s complaint was to prohibit the devotional services occurring in his children’s school and the consequent mockery of his children that occurred when they refused to recite the prayers to “Almighty God” (Stevens, 40). This type of law in Alabama public schools was not the first of its kind. Prior to statute 6-11-20.1, Alabama passed law 16-1-20 authorizing one minute of silence in public schools for meditation. After the authorization of statute 16-1-20.1 came 16-1-20.2, which allowed teachers to lead “willing students” in a prayer (Stevens, 40).

In the first amendment, it is stated that “Congress shall make no law respecting an establishment of religion or prohibiting the exercise thereof.”. From this, it made clear that the founding fathers’ original intent was for the Government to take a neutral position with respect to religion; the Government was not to favor any one religion over another. “Almighty God we acknowledge our independence upon Thee, and we beg Thy blessings upon us, our parent, our teachers and our Country. Amen.” In 1951, that prayer was conducted in class every morning in all New York public schools as ordered by New York State Board of Regents; it was called a “nondenominational prayer”. The short prayer was created with the intent of developing students’ moral

Case: In the late 1950's the New York State Board of Regents wrote and adopted a prayer, which was supposed to be nondenominational. The board recommended that students in public schools say the prayer on a voluntary basis every morning. In New Hyde Park Long Island a parent sued the school claiming that the prayer violated the first amendment of the constitution. The school argued that the prayer was nondenominational and did not attempt to "establish or endorse" a religion and thus that it did not violate the establishment clause.

A couple of the families were Jewish, another family was atheist, one parent was Unitarian and the last parent was of an ethical culture society. The Parents were to believe that the school was violating the first amendment of the constitution and this was not right; that according to Thomas Jefferson there should be a separation of state and church. Never before had the public school board been argued against with prayer like issues ( Haas, pg 7-20).

The prayer was, “Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country” (Oyez 1). The state of New York approved the prayer, and the prayer was nondenominational. Children whose parents did not want them to recite the prayer did not have to participate, and were excused; reciting the prayer was voluntary. Therefore, the prayer was not mandatory and was supposed to serve as a purpose of moral education only for those who wanted to acknowledge God as the source of all blessings. However, New York Lawyers argued that the prayer offended the Establishment Clause, suggesting that the state of New York was officially approving a religion by approving the prayer. This action eventually led to the Supreme Court ruling the prayer as unconstitutional. With the success of ruling Engel v. Vitale unconstitutional, the case set a precedent for many more court cases in which the Supreme Court used the Establishment Clause as a jurisdiction for removing religious practices in public schools.

Engel v. Vitale, 370 U.S. 421, was a landmark United States Supreme Court case that ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.

He also stated that students may offer a non-denominational prayer at graduation ceremonies and football games. The plaintiffs filed an appeal to the United States Court of Appeals for the Fifth Circuit and it was determined that the school would adopt a policy where the students would vote by way of a secret ballot as to whether or not to have a benediction at the graduation. If the conclusion was yes, then they would elect students to deliver "nonsectarian, nonproselytizing invocations and or benedictions. The Fifth Circuit ruled that High School graduation only happened once in our lifetime and therefore it could be recognized with a prayer. The case eventually made it to the Supreme Court while the question as to whether the defendant’s policy permitting student-led, student-initiated prayer at football games violates the First Amendment’s Establishment

One of the most highly debated aspects of American life and liberty is religion. America’s foundation is based upon the idea that religion should be a freedom and a choice of the person involved, not a requirement by the government. Yet religion is one of the very things to United States was founded on. In the last half of the 20th century, the differing opinions Americans held on religious conviction became an ongoing debate on where and when is the right time to observe one’s faith. Most notably this debate extended to the public schools. One of the most prominent cases was that of Engel v. Vitale. The court case of Engel v. Vitale became known as the School Prayer decision and was the first of its kind in the American judicial

The first clause of the first amendment to the United States Constitution reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (“First Amendment” 1). In Santa Fe, Texas, a student “chaplain” was elected by his or her classmates to give pre-game prayers at high school home football games over the school’s public address system. Several students sued, arguing that such solemnizing statements or prayers constituted an endorsement of religion, violating the Establishment Clause of the first amendment. The district countered that the pre-game invocations were a long-standing tradition in Texas communities, and because the prayer came from

Engle v Vitale discussed the practice of religion in schools. Before the case, many schools made it necessary to say prayers, read from the bible, and practice Christianity. The case addressed the issue and marked prayer in school unconstitutional.

Five negative developments have occurred since the removal of prayer from public school. Academic achievement has plunged (including SAT scores). There has been an increased rate of out-of-wedlock births, leaving single mothers to struggle to survive (Starr, 2014). Illegal drug use has gone rampant. The amount of juvenile crime has skyrocketed. Lastly, behavior in school has drastically deteriorated. William Jeynes, a professor at California State College, says “ so we need to realize that these actions do have consequences” (Starr, 2014). These negative developments have occurred since the Engle v. Vitale case of 1962.

Prayer plays such a big role in many people’s lives. It happens each and every day and multiple times throughout the day. Even though it can play a huge role in someone’s life, it cannot be practiced in schools. Prayer in school has been a very controversial topic for many years. According to Steven K. Green, “On June 25, 1962, the United States Supreme Court decided in Engel v. Vitale that a prayer approved by the New York Board of Regents for use in schools violated the First Amendment by constituting an establishment of religion (Green 1).” It has since then been taken out of school preventing teachers to preach or teach about religion.