School Prayer

While religion in schools has raised questions about curricula and free expression, the Supreme Court's initial decisions on school prayer were among its most controversial in any area of law.  In Engel and Schempp, the Court considered the acceptability of voluntary nondenominational morning prayer, and mandatory bible reading in school. In Lee, it considered allowing a clergy member to offer prayer at a public-school graduation. And in Kennedy, it considered prayer at high school football games. Kennedy rejects Lemon and the endorsement test in favor of historical practices and understandings, but it does not eliminate coercion as a constitutional concern in public schools.

Which test do you find most persuasive? Should coercion should include psychological coercion? If so, is a one-time prayer at a graduation more or less psychologically coercive than prayer during the morning announcements every day?

The Court in Schempp asserts that the state “is firmly committed to a position of neutrality.” Is it possible for the government to be neutral in the realm of school prayer? In the realm of religion generally? And how do we define neutrality? Is government neutral if it doesn’t prefer or disfavor a particular religious faith? If the government doesn’t penalize religion? If it doesn’t endorse a particular religion?

Reading Assignment:

  • Engel v. Vitale, 370 U.S. 421 (1962)

  • Abington School District v. Schempp, 374 U.S. 203 (1963)

  • Lee v. Weisman, 505 U.S. 577 (1992)

  • Kennedy v. Bremerton School District, 597 U. S. 507 (2022)

Optional Reading: