Engel V. Vitale: the Beginning of the Battle Against School Prayer

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 Declaration of Independence was drafted founding itself on individual privileges and choice, happiness and democracy, a multitude of concerns have kindled the rights disputes that we see making law an active and continually growing and interesting area of interest today. Issues arose included women suffrage, civil equality, slavery, the ability to hold a religious forum, along with many others. And, though the context and times have significantly changed with these concerns there still remains a constant struggle between state, religion, and schools. Prayer in public schools is still a topic of conversation. The giving of religious gifts to administrators and the funding of schools through tax-payer monies are

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

In the case of Engel vs. Vitale, the main topic dealt with prayer at school. The New York State board of regents composed a non-denominational prayer to be used in the state’s public schools.

The Union Free School District No.9 (also known as the Herricks School District), in New Hyde Park, New York, voted in favor of adopting this prayer into their public schools. Parents of ten pupils attending schools in this school district, sued the school board, saying that the prayer went against their religious views and the First Amendment to the Constitution, specifically the Establishment Clause. The Establishment Clause prohibits the government from making any law, "respecting the establishment of religion." To say that the Regent's prayer is unconstitutional is an oxymoron in itself, for this

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 response to the Supreme Court’s ruling in the Santa Fe Independent School District V. Doe (SFISD V. Doe) case, Chief Justice Rehnquist commented, “It [the ruling] bristles with hostility to all things religious in public life” (“United”). Separating religion and state has always been a matter of concern for the United States, as shown by the Establishment Clause in the First Amendment of our constitution. Although there have been many cases revolving around the relationship between the church and the state, SFISD V. Doe is among the most notable. By examining the background, reflecting on the decision, and analyzing the impact of the SFISD V. Doe case,

In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the country's most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nation's public schools, its inclusion stems from its contextual and historical importance, which is heavily supported by material evidence and documentation. It often results from a teacher?s own decision, rather than from a decision handed down from above by a higher power. The proposal of the Dover Area School District to

For centuries, the debate has existed whether or not to allow prayer in public schools. Many Americans feel it is not right of the schools to teach religion. With all the diversity associated with the United States, public schools cannot select one standard religion to practice, due to the cultural and religious differences in the country. Not only are schools the storm center of controversy involving religious differences, they are the principal institution charged with transmitting the identity and mission of the United States from one generation to the next. If we fail in our school policies and classrooms to model and to teach how to live with differences, we endanger our experiment in religious liberty and our

U.S. Supreme Court Case number three was Engel vs. Vitale 370 U.S. 421 1962. The petitioners were the parents of ten pupils in the New York public school district. The parents argued that the prayer mandated by the school was contrary to the beliefs, religions, or religious practices of both themselves and their children. These parents challenged the constitutionality of both the state law authorizing the School District to direct the use of prayer in public schools, and the School District ordering the citation of this prayer by the students.

Within the Engel v. Vitale case, the debatable opinion of ecclesiastical separation is discussed and the many religious people in society will have an issue when their core principles of their belief system will not be taught to the next generation. Just as different beliefs vary between religions, the varying opinions of different churches cannot all be taught, making the argument moot in its entirety. As nobody in society can be happy all the time, the court cases presented above provide America today with healthy compromises that make the most sense for society

The issue of school prayer is not one of religious freedom, as it is already legal for children to pray in school, either individually or in groups. Since the Engel decision in 1962, religious advocates have been assailing the Supreme Court for "taking God out of the classroom." In an effort to reverse this trend, conservative religious groups have been fighting for the passage of a school prayer amendment to gain greater leeway for religious activities in schools.

In today’s public school system, approximately eight out of every ten schools do not allow any praying whatsoever. Since banning prayer in school, the disciplining of children has greatly diminished. Praying is a religious activity, but it can also become a way for citizens to come together in a peaceful manner. At this time in America’s life, there are more cases going to the Supreme Court about religious happenings in school than ever before. The U.S. should allow prayer in schools for ethical, legal and social reasons.

An issue that has been constantly debated for years is whether voluntary prayer in public schools should be permitted. A student should be allowed to pray voluntarily at the beginning of each school day based on many reasons. Prayer based on moral beliefs reinforce good citizenship as defined by our forefathers. A daily reminder of a need for the belief of good over evil is a necessary part of this society. Daily voluntary school prayer should be re-instated in public schools due to three reasons, the historical basis of the beginning of the United States government, the serious moral decline since prayer has been outlawed, and the government infringement on the constitutional guarantee of individual freedom

In short, the conflicting ends of the ideological spectrum tried to advocate for their own beliefs, resulting in major societal changes across the nation (Keene). On such example came in 1962, when parents in New York challenged the legitimacy of the state’s use of a short, nondenominational prayer in their children’s schools. These parents, comprised of Christians, Judaists, and atheists, saw issue with the state forcing their children to pray. In light of the First Amendment, which both prohibited state-led religion and ensured the free exercise of religion, they questioned whether a state-sponsored school was legitimate in their use of religion in the classroom. In this case, known as Engel v. Vitale, the U.S. Supreme Court ruled against official school prayer, and against any use of Bible-reading in schools or other government settings (uscourts.gov). In a 6 to 1 decision, the Court ruled that the First Amendment banned, “official prayers for any group of American people to recite as part of a religious program carried on by government”