The
Supremely Evil Court,
has made themselves arbiters of the U.S. Constitution, with regard to
Public Prayer, and have made Decisions that are against the Will of
the American People, and against God. These Decisions have been a
Curse on America, and America has been in a Steady Moral Decline ever
since they were made. An America that does not Honor God and His
Word, has No Future.
In the United States, public schools are banned from conducting religious observances such as prayer. The legal basis for this prohibition is the First Amendment to the United States Constitution, which requires that
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...The first part of the amendment ("Congress shall make no law respecting an establishment of religion") is known as the Establishment Clause of the First Amendment, while the second part ("or prohibiting the free exercise thereof") is known as the Free Exercise Clause.
Though
each of these clauses originally applied only to the central US
government,
the Fourteenth
Amendment extended
the scope of the entire First Amendment to all levels of government,
including the state level,[1] thus
compelling states and their subject schools to adopt an equally
detached approach to religion in
schools.
School prayer prior to 1962
In
the 18th, 19th and early 20th centuries,
it was common practice for public schools to open with an
oral prayer or Bible reading.[2][not
in citation given] Catholics
would sometimes object to the distinct Protestant observations
performed in the local schools. For instance, in the Edgerton
Bible Case (Weiss
v. District Board (1890)),
the Wisconsin
Supreme Court ruled
in favor of Catholics who
objected to the use of the King
James Bible in Wisconsin public
schools. This ruling was based on the state constitution and only
applied in Wisconsin.
A Turning Point: The "Regents' Prayer" and Engel v. Vitale
The
media and popular culture
often erroneously credit atheist Madalyn
Murray O'Hair with
removing school prayer from US public schools, when the case
against recitation of the Lord's Prayer in Baltimore schools was
decided by the Supreme Court in 1963. A more significant case had
reached the Supreme Court one year prior, suddenly changing the legal
climate for school prayer in the US.[3]
In
1955, the New
York Board of Regents developed
a prayer recommended
(but not required) for the school districts under its purview. The
prayer was relatively short: "Almighty God, we acknowledge our
dependence on Thee, and we beg Thy blessings upon us, our parents,
our teachers, and our country."[1][4] The
board stated that the prayer would "combat juvenile delinquency
and counter the spread of Communism."[4]
Seven
years later,
Steven I. Engel, a Jew, was upset to see his son’s hands clasped
and his head bent in prayer. He told his son that this was “not the
way we say prayers.” Engel, a founding member of the New
York Civil Liberties Union,
brought action along with Daniel Lichtenstein, Monroe Lerner, Lenore
Lyons, and Lawrence Roth, all parents of children in the Long Island,
New York public school system, against Union
Free School District No. 9 for
its adoption and subsequent prescription of the so-called "Regent's
prayer",
arguing that it constituted the state-sponsored establishment of
religion in violation of citizens’ First
Amendment rights
via the Fourteenth
Amendment.[5]
Use
of the Regent's prayer
was initially upheld in both New
York State Court and
in the New
York Court of Appeals,
prompting Engels to petition the US
Supreme Court in
the Engel
v. Vitale case
in 1962.
With
its 8–1 vote to make public recitation of the Regents' Prayer in
public schools unlawful,
the U.S. Supreme Court made its first-ever decision on prayer in
public schools.
It
made its second in 1963—the Abington
School District v. Schempp ruling,
which made the corporate reading of the Bible and recitation of the
Lord's Prayer unlawful in public schools.[3]
1963 and after
In
these two landmark decisions, Engel
v. Vitale (1962)
and Abington
School District v. Schempp (1963),
the
Supreme Court established what is now the current prohibition on
state-sponsored prayer in US schools.
While the Engel decision
held that the promulgation of an official state-school prayer stood
in violation of the First Amendment’s Establishment
Clause (thus
overruling the New
York Courts’
decisions),
Abington held
that Bible readings
and other public school-sponsored religious activities were
prohibited.[6]
Madalyn
Murray's lawsuit, Murray
v. Curlett,
contributed to the removal of compulsory Bible reading from the
public schools of the United States,
and has had lasting and significant effects.
With the success of the lawsuit, the intent of the Constitution with regard to the relationship between church and state again came under critical scrutiny and has remained there to this day.
While students do continue to pray in public schools, even in organized groups such as "See You at the Pole", the lawsuit disallowed schools from including prayer as a compulsory activity required of every student. The success of O'Hair's lawsuit led to subsequent lawsuits by Mormon and Catholic families in Texas in 2000 to limit compulsory prayer at school-sponsored football games.
Following
these two cases
came the Court's decision in Lemon
v. Kurtzman (1971),
a ruling that established the Lemon
test for
religious activities within schools. The Lemon test states that, in
order to be constitutional under the Establishment Clause, any
practice sponsored within state-run schools (or other public
state-sponsored activities) must adhere to the following three
criteria:[7]
- Have a secular purpose;
- Must neither advance nor inhibit religion; and
- Must not result in an excessive entanglement between government and religion.
Controversy
Reactions
to Engel and Abington were
widely negative,
and many school districts and states have attempted to reestablish
school-sponsored prayer in different forms since 1962.[8]
Since
the 1990s, controversy in the courts has tended to revolve around
prayer at school-sponsored extracurricular activities.
Examples
can be seen
in the cases of Lee
v. Weisman (1992)
and Santa
Fe Independent School Dist. v. Doe (2000),
where public prayers at graduation ceremonies and those conducted via
public address system prior to high school games (at state school
facilities before a school-gathered audience) were, respectively,
ruled
unconstitutional.
Despite
their attempts to present a clear stance on school-sponsored
religious activity, Engel, Abington,
and the cases for which these serve as precedent are
cited by some proponents of school prayer as evidence of a
contradiction between the Establishment and Free Exercise
Clauses.[9]
While
the Establishment Clause proscribes the state sponsorship of
religion,
the Free Exercise Clause forbids state interference in individual
religious exercise. Where a state entity moves to accommodate the
right to individual religious expression under the latter clause,
opponents of that "expression" may cite such accommodation
as state "promotion" of one religious activity over
another.[10]
Regarding
the Free Exercise Clause,
the courts have consistently stated that students' setting forth of
religious views through prayer cannot be forbidden unless such
activity can be shown to cause disruption in the school, yet it
remains beyond the scope of the state to require such practice.[11]
Thus,
anyone is allowed to pray in schools in the United States,
as long as it is not officially sponsored by the school and it does
not disrupt others from doing their work.
The
United States Supreme Court:
A Political and Legal Analysis discussed
the results of a 1991 survey, stating that:
"The
Court's school prayer decisions were, and still are, deeply unpopular
with the public, many politicians and most religions organizations.
95 percent of the population believe in God and some 60 percent
belong to a religious organization.
As
a result of public support for school prayer in the United
States, The
Oxford Companion to the Supreme Court of the United States reports,
"the public's support for school prayer was translated by
various state legislatures into statutes aiding religious schools and
practices."[13]
Analysis
of multiple polls since the 1970s
by sociologist Philip Schwadel showed support for school prayer
dipped slightly but remains popular with the majority of Americans,
with a recent 2011 poll showing 65 percent support.[14]
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