Greece V. Marloway Case Study

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

In summarizing the salient points of the Supreme Court case Elk Grove Unified School District v. Newdow, it had to do with the respondent’s father who sued candidates, including a school region, affirming that the school locale's approach requiring the recitation of the Pledge of Allegiance at his little girl's school damaged the First Amendment. The United States Court of Appeals for the Ninth Circuit found that the father had standing and decided for the father. Certiorari was conceded to audit the standing and First Amendment issues.

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,

Abington School District v. Schempp is a 1963 Supreme Court Case that challenged religious prayer and teachings in Pennsylvania public schools. The Pennsylvania law made it a requirement for schools in all districts to read from the Bible (at least 10 verses) every day before class began. There was also a clause included in the state action that allowed for any child to be excused from the reading with specific permission from their parent or guardian. The question that this case asks is if it is unconstitutional for public schools to mandate children to partake in Bible teachings and practices before classes began. The reason this case was heard in front of the Supreme court is because the Abington School District wanted to reverse an earlier decision by a district court. The district court decided in favor of the Schempp family and found that forced prayer in public schools, even with an opt out clause, still violates the Constitution under the First and Fourteenth Amendments. Once the case was heard in front of the United States Supreme Court, eight out of the nine justices agreed with the previous district court’s ruling and found that prayer in public schools is unconstitutional.

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).

Supreme Court, my office cannot shrink from a case or stand mute because the case is controversial. It’s important for Indiana to weigh in on the upcoming Supreme Court case of Galloway v. the Town of Greece, New York, because the Indiana House of Representatives was subjected to a similar lawsuit in recent years. Municipal and state officials face uncertainty when deciding whether to start legislative meetings with prayer, and the Supreme Court could bring an end to that confusion.

Town of Greece, New York v. Susan Galloway was a Supreme Court case that posed the question of whether or not the town of Greece should be allowed to open their board meetings with voluntary prayer that was almost always Christian prayer. The defendant in this case was the town of Greece, which is located in the state of New York and has a population of 94,000 people (opinion p.1). In 1999, under new leadership, the town of Greece made the transition from opening each town board meeting with a moment of silence to opening with a prayer (opinion p.1). The opinion states that the prayer was supposed to, “place town members in a solemn and deliberative state of mind, invoke divine guidance in town affairs, and follow a tradition practiced by Congress and dozens of other state legislatures (opinion p.2).” The prayer was given each month by an unpaid volunteer clergyman. After this person gave the prayer they were then named the “chaplain for the month” (opinion p.2). Anyone could volunteer to be a chaplain no matter what religion they practiced or even if they practiced no religion at all (opinion p.2). However, almost every single chaplain was Christian (opinion p.2). One very important fact about the case is that the town of Greece did not provide any guidelines or suggestions about what the prayers should include. In fact, they didn’t even read the prayers beforehand because they believed that would be impeding the chaplains’ first amendment right (opinion p.2). This meant

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

A public school in New York during the start of each school day started with the Pledge of Allegiance and followed by a nondenominational prayer. The New York state law also allowed students to skip the prayer if found offensive. A parent of a student attending this school sued deeming the law violated the Establishment Clause of the First Amendment. Supreme Courts majority rule (8-1) claimed YES the public school sponsored prayer violates Establishment Clause of the First Amendment, even with allowing students to skip the prayer, it was still considered unconstitutional. This case is important because Chief Justice, Earl Warren states that school sanctioned prayers, including any type of public promotion of religion, violates the Establishment

The parents argued this was a violation of the part of the Constitution that stated the, "Congress shall make no law respecting an establishment of religion". Page 370 U. S. 423/http://oyez.org/cases/1960-1969 The decision in the case was six votes to one ruling in favor of the parents and taking the prayer out of public school ceremonies. Even though the prayer was nondenominational and was voluntary. It still did not save it from being unconstitutional. The court ruled by providing the prayer, New York officially approved religion. This was the first of many cases that has taken religious

Board of Education (1947) was a New Jersey case that rose to the Supreme Court and lead to a landmark decision. The Board of Education was reimbursing students for taking public transportation to and from both public and private schools. A taxpayer objected to the use of public funds to reimburse any student attending a religious school. The Supreme Court found the state statute allowing the reimbursement valid, in part because the reimbursement was paid to the parents of the students and not a religious institution, and the payments were available to everyone, not only those attending a religious institution. The decision was significant for two reasons. First, the Supreme Court ruled the establishment clause would now apply to the states. Secondly, Justice Hugo Black, in writing the majority opinion, stated, “The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.” This is one of the most egregious cases of judicial activism, trying to accomplish what from the bench what the Legislature could not accomplish in 1876. It is particularly troublesome because the phrase “separation of church and state” does not appear in the Constitution or any federal statute, and the addition of the phrases, “that wall must be kept high and impregnable” and “we could not approve the slightest breach” drastically changes the context in which it was written. Additionally, since

Waggoner, M. D. (n.d.). When the Court Took on Prayer and the Bible in Public Schools. Retrieved February 13, 2017, from

The Town of Greece County Commission desires to have a clergy-led prayer at the beginning of each meeting and has requested that the managing attorney and legal counsel for the county commission provide her views on the wisdom of opening each monthly meeting with a prayer and whether such prayers are permitted within the realms of the U.S. Constitution. The managing attorney has requested a written analysis of the Supreme Court case Town of Greece v. Galloway.