Simone Lawson
The U.S. Supreme Court case Lee v. Weisman (1992) ruled that it was unconstitutional for a public school to include a prayer delivered by a member of the clergy at graduation ceremonies. The case involved a middle school principal, Robert E. Lee, who invited a rabbi to deliver a non-denominational prayer at the 1989 graduation ceremony. The parents of student Deborah Weisman objected to the inclusion of prayer and filed a motion for a temporary restraining order, which was denied. The Weismans then attended the ceremony, where the rabbi offered a prayer with references to a divine deity. Subsequently, the Weismans sought a permanent injunction, arguing that the prayers violated the Establishment Clause of the First Amendment, which prohibits the government from establishing or advancing any religion. The Supreme Court agreed, holding that the Establishment Clause forbids clergy-led prayers as part of official public school functions. This decision, while surprising to many, affirmed the principle that the government may not coerce participation in religious exercises and maintained strict limits on religion in public schools.
| Characteristics | Values |
|---|---|
| Date | June 24, 1992 |
| Court | U.S. Supreme Court |
| Decision | Unconstitutional for a public school to have a member of the clergy deliver a prayer at graduation ceremonies |
| Vote | 5-4 |
| Clause | First Amendment's Establishment Clause |
| Precedent | Built on Engel v. Vitale and Abington School District v. Schempp |
| Prayer Characteristics | Non-denominational, non-sectarian, two references to "God" and one to "Lord" |
| Prayer Leader | Rabbi |
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What You'll Learn
The role of religion in public schools
In Lee v. Weisman, the Supreme Court ruled that it was unconstitutional for a public school in Rhode Island to invite a member of the clergy to deliver a prayer at a graduation ceremony. The Court held that such an act violated the Establishment Clause, which prohibits the government from establishing, advancing, or promoting any religion. This decision built upon previous cases, such as Engel v. Vitale and Abington School District v. Schempp, which had already established a broad interpretation of the Establishment Clause in the context of school-sponsored religious activities.
The specific facts of the case centred around Deborah Weisman's middle school graduation ceremony in 1989. The school principal, Robert E. Lee, invited Rabbi Leslie Gutterman to deliver a nonsectarian invocation and benediction. Deborah's father, Daniel Weisman, objected to the inclusion of prayers and sought a temporary restraining order, arguing that it would violate the Establishment Clause. Despite his efforts, the rabbi delivered the invocation and benediction, which included references to "God" and "Lord".
The Supreme Court's decision in Lee v. Weisman had a significant impact on the role of religion in public schools. It reaffirmed the principle that the government may not coerce individuals to participate in religious exercises or endorse a particular religion. The Court recognised the subtle coercive pressure that could exist in public schools, where students might feel compelled to conform to religious practices to avoid standing out or facing potential social repercussions.
Furthermore, the Court's ruling highlighted the importance of maintaining a clear separation between church and state in educational institutions. While the school district argued that the prayers were voluntary and nonsectarian, the Court found that the school's involvement in organising and directing the content of the prayers constituted state endorsement of religion. This endorsement was deemed unacceptable, as it infringed upon the religious freedom of students and their families, who should not be forced to choose between conforming to religious practices or missing important milestones like graduation.
In conclusion, the Lee v. Weisman case exemplifies the delicate balance between religious freedom and the establishment of religion in public schools. It underscores the Supreme Court's commitment to safeguarding the rights of individuals to be free from religious coercion, even in traditions as longstanding as nonsectarian prayers at graduation ceremonies. This decision has had a lasting impact on the role of religion in public schools, shaping policies and practices to ensure the protection of religious liberty for all.
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Prayer at school-sponsored activities
In the case of Lee v. Weisman, the United States Supreme Court ruled that it was unconstitutional for a public school to have a member of the clergy deliver a prayer at graduation ceremonies. The Court held that it violated the First Amendment's Establishment Clause, which prohibits the government from establishing, advancing, or favouring any religion. This decision built on previous cases Engel v. Vitale and Abington School District v. Schempp, which had already limited the role of religion in public schools.
The case was brought by Daniel Weisman, the father of Deborah Weisman, a student at Nathan Bishop Middle School in Providence, Rhode Island. The principal, Robert E. Lee, had invited Rabbi Leslie Gutterman to deliver a nonsectarian invocation and benediction at the 1989 graduation ceremony. The Weismans unsuccessfully sought a temporary restraining order to prevent the rabbi from speaking, and the prayers were recited. The rabbi's benediction included the words "O God, we are grateful to You for having endowed us with the capacity for learning".
The Weismans then sought a permanent injunction, arguing that the prayers constituted governmental endorsement of religion and thus violated the First Amendment. The school district responded that the prayers did not demonstrate a state endorsement of religion because they were nonsectarian, participation was voluntary, and the practice was deeply rooted in American history. The District Court denied the motion, but the Court of Appeals affirmed, finding the prayers unconstitutional under the Lemon test, which requires that a government practice must have a clearly secular purpose, neither advance nor inhibit religion, and avoid excessive government entanglement with religion.
The Supreme Court, in a 5-4 decision, ruled that the Establishment Clause prohibits invocations and benedictions at public school graduation ceremonies. Justice Kennedy, who initially intended to uphold the prayer exercise, wrote the majority opinion, finding fault with Principal Lee's decision to provide the rabbi with a pamphlet on composing prayers for civic occasions. Through these means, the principal directed and controlled the content of the prayers. The Court also took issue with the school's position that attendance at graduation was voluntary, noting that compelling graduates and their families to conform to the state-supported practice left them "with no alternative but to submit".
The decision in Lee v. Weisman has had a significant impact on the role of religion in public schools, with the Court remaining skeptical of the constitutionality of school prayer even as it has accommodated other forms of governmental involvement with religion. The case also extended beyond prayers at graduation ceremonies, with a later case preventing public schools from conducting student-led prayers before football games.
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The Establishment Clause
In Lee v. Weisman, the U.S. Supreme Court ruled that it was unconstitutional for a public school in Rhode Island to have a member of the clergy deliver a prayer at graduation ceremonies. The Court held that it violated the First Amendment's Establishment Clause, which prohibits the government from establishing, advancing, or giving favour to any religion. The Establishment Clause broadly interpreted in this case limited the role religion plays in public schools by prohibiting prayer at school-sponsored activities.
The case involved a middle school principal, Robert E. Lee, who invited Rabbi Leslie Gutterman to deliver a nonsectarian invocation and benediction at a middle school graduation ceremony in Providence, Rhode Island, in 1989. The parents of student Deborah Weisman, Daniel and Deborah Weisman, objected to the inclusion of prayers at the ceremony and filed a motion for a temporary restraining order to bar the rabbi from delivering the invocation. They argued that it would violate the Establishment Clause, which was upheld by the District Court.
The Supreme Court decision noted that Lee's actions, deciding to include a prayer and selecting a rabbi, were attributable to the state. The Court maintained previous Supreme Court precedents sharply limiting the place of religion within the nation's public schools. The Court also took issue with the school's position that attendance at graduation was voluntary, noting that compelling graduates and their families to conform to the state-supported practice left them with no alternative but to submit.
Justice Kennedy, who delivered the opinion of the Court, introduced the coercion test, stating that public school students were coerced to participate in state-sponsored religious events when public schools invited clergy to deliver invocations and benedictions at events such as graduation. The Establishment Clause, as interpreted in this case, thus prohibited invocations and benedictions at public school graduation ceremonies, ending a longstanding American tradition of nonsectarian prayer at public celebrations.
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The Lemon Test
The three prongs of the Lemon Test are:
- Secular Purpose: The law or practice in question must have a secular purpose.
- Secular Effect: The primary effect of the law or practice must be secular and must not advance or inhibit religion.
- No Excessive Entanglement: The law or practice must not foster "excessive entanglement" between the government and religion. In other words, it must not create an excessive governmental involvement with religion.
While the Lemon Test has been influential, it has also faced significant criticism from both conservative and liberal justices. Some argue that it creates a constitutional dilemma, making it difficult for governments to provide aid to religious schools without violating the Establishment Clause. Others contend that it fails to provide a clear standard for resolving complex Establishment Clause cases. By 2022, the Supreme Court had largely abandoned the Lemon Test in favour of new standards for evaluating religious practices in the public sector.
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The coercion test
In the case of Lee v. Weisman, the coercion test was used to determine whether prayers offered in public schools were constitutionally permissible. The Court held that the Establishment Clause prohibits invocations and benedictions at public school graduation ceremonies. The decision was based on the interpretation that the state may not place students in the dilemma of participating in or protesting religious activities.
Justice Kennedy, who wrote the majority opinion, argued that the school district's supervision and control of a graduation ceremony place subtle and indirect public and peer pressure on attending students to stand or maintain respectful silence during the invocation and benediction. This pressure could lead a reasonable dissenter to believe that their actions signified participation in or approval of the religious exercise.
Justice Scalia's dissent disagreed with the coercion test, arguing that the Court was laying waste to a longstanding tradition of nonsectarian prayer at public celebrations. He pointed to historical examples of American presidents calling on divine guidance, such as Washington's proclamation of Thanksgiving in 1789 and the inaugural addresses of Madison and Thomas Jefferson.
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Frequently asked questions
The U.S. Supreme Court ruled that it was unconstitutional for a public school to have a member of the clergy deliver a prayer at graduation ceremonies.
The Court held that it violated the First Amendment's Establishment Clause, prohibiting the government from establishing, advancing, or giving favour to any religion.
The case centred around whether a school principal could invite a member of the clergy to deliver a prayer at a graduation ceremony.
Justice Kennedy delivered the majority opinion, which maintained previous Supreme Court precedents limiting the role of religion in public schools.
The decision built upon earlier Establishment Clause school prayer doctrines, expanding them to include graduation ceremonies and reinforcing the separation of church and state in public education.
