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The School Prayer Amendment is a proposed amendment to the United States Constitution intended by its proponents to protect the right of the students if they wish, to voluntarily pray in schools, although opponents argue it allows for government sponsored prayer.
In the cases Engel v. Vitale (1962) and Abington School District v. Schempp (1963), the United States Supreme Court ruled that government mandated school prayer is unconstitutional under the Establishment Clause of the First Amendment. However voluntary prayer is not unconstitutional.
The history of school prayer amendment began in 1962 with the Supreme Court case of Engel v. Vitale. A New York policy required schools to begin each day with a word of prayer. Regarding this case, Justice Hugo Black wrote "... the constitutional prohibition against laws respecting an establishment of religion must at least mean that in this country it is no part of the business of government to compose official prayers for any group of the American people to recite as a part of a religious program carried on by government."
The next year, a similar case arose: Abington Township School District v. Schempp. The effect of this incident was the prohibition of school officials from organizing or leading prayers as well as devotional Bible reading in public schools. Abington v. Schempp required that school faculties should neither promote nor degrade religion. The Supreme Court next examined school prayer in 1985 with the case of Wallace v. Jaffree . A change to Alabama's moment-of-silence law included a requirement that the moment of silence must be for "meditation or voluntary prayer." The Court saw the change as government promotion of prayer in the schools, and overturned the change to the law. The justices explained that a moment of silence is appropriate, but not for any religious purpose. [1]
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SECTION 1. To secure the people's right to acknowledge God according to the dictates of conscience: The people's right to pray and to recognize their religious beliefs, heritage, or traditions on public property, including schools, shall not be infringed. The Government shall not require any person to join in prayer or other religious activity, initiate or designate school prayers, discriminate against religion, or deny equal access to a benefit on account of religion. [2]
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Nothing in this Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions. No person shall be required by the United States or by any State to participate in prayer. Neither the United States nor any State shall prescribe the content of any such prayer. [3]
Democratic Senator Robert Byrd of West Virginia proposed the amendment in 1962, 1973, 1979, 1982, 1993, 1995, and 1997. [4]
The New York Times reported in July 1999 that the House of Representatives, at that time occupied by a Republican majority, had long been proposing such an amendment but was preoccupied with a competing, more general amendment allowing for "religious freedoms" proposed by Henry Hyde, then-Chairman of the House Judiciary Committee. [5] Representative Ernest Istook, a Republican from Oklahoma's 5th congressional district, proposed the amendment on May 8, 1997. [6] In March 1998, the Judiciary Committee passed the bill by a 16–11 vote. [7] On June 4, 1998, the full House voted on the amendment, 224–203 in favor. [6] The vote was 61 short of the two-thirds majority required by Article Five of the United States Constitution to propose a constitutional amendment. [8]
Istook reintroduced the amendment to Congress twice: first in 1999 as the House Joint Resolution 66 [9] and in 2001 as the "Religious Speech Amendment". [10] Byrd proposed the amendment again on April 29, 2006. [4]
Though the proposed amendment failed to be adopted, it led to the passing of the Equal Access Act.
Rick Perry, governor of Texas and Republican a former candidate for the 2012 presidential election, said in an interview on Fox News Sunday on December 11, 2011: "I would support a constitutional amendment that allows our children to pray in school anytime they would like." [11]
The Freedom From Religion Foundation, [12] American Civil Liberties Union, [13] and Americans United for Separation of Church and State [14] have all expressed opposition to this amendment. The Family Research Council has supported it. [15]
In 1985, Poll found that 61% supported a School Prayer Amendment. [16]
In 2005, a Gallup Poll found that 76% of Americans favor "a constitutional amendment". [17]
The First Amendment to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
Wallace v. Jaffree, 472 U.S. 38 (1985), was a United States Supreme Court case deciding on the issue of silent school prayer.
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual states that make up the United States of America. It consists of a preamble, declaration of rights, description of the principles and framework of government, and articles of amendment. It is the highest legal authority in the state, subordinate only to the U.S. Constitution.
Abington School District v. Schempp, 374 U.S. 203 (1963), was a United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp, on behalf of his son Ellery Schempp, and declared that school-sponsored Bible reading and the recitation of the Lord's Prayer in public schools in the United States was unconstitutional.
School prayer, in the context of religious liberty, is state-sanctioned or mandatory prayer by students in public schools. Depending on the country and the type of school, state-sponsored prayer may be required, permitted, or prohibited. The United Kingdom also requires daily worship by law, but does not enforce it. Countries which prohibit or limit school prayer often differ in their reasons for doing so. In the United States, school prayer cannot be required of students in accordance with the Establishment Clause of the First Amendment to the United States Constitution. This is generally rigorously applied in public schools; the Establishment Clause does not prevent prayer in private schools that have no public funding. In Canada, school-sponsored prayer is disallowed under the concept of freedom of conscience as outlined in the Canadian Charter on Rights & Fundamental Freedoms. School-sponsored prayer is disallowed in France as a byproduct of its status as a secular nation.
Engel v. Vitale, 370 U.S. 421 (1962), was a landmark United States Supreme Court case in which the Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment. The ruling has been the subject of intense debate.
Epperson v. Arkansas, 393 U.S. 97 (1968), was a landmark United States Supreme Court case that invalidated an Arkansas statute prohibiting the teaching of human evolution in the public schools. The Court held that the First Amendment to the United States Constitution prohibits a state from requiring, in the words of the majority opinion, "that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma." The Supreme Court declared the Arkansas statute unconstitutional because it violated the Establishment Clause of the First Amendment. After this decision, some jurisdictions passed laws that required the teaching of creation science alongside evolution when evolution was taught. These were also ruled unconstitutional by the Court in the 1987 case Edwards v. Aguillard.
"Separation of church and state" is a metaphor paraphrased from Thomas Jefferson and used by others in discussions regarding the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution which reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
Ellery Schempp is an American physicist and the primary student involved in the landmark 1963 United States Supreme Court decision of Abington School District v. Schempp which declared that required public school sanctioned Bible readings were unconstitutional.
The Blaine Amendment was a failed amendment to the U.S. Constitution that would have prohibited direct government aid to educational institutions that have a religious affiliation. Most state constitutions already had such provisions, and thirty-eight of the fifty states have clauses that prohibit taxpayer funding of religious entities in their state constitutions.
Lee v. Weisman, 505 U.S. 577 (1992), was a United States Supreme Court decision regarding school prayer. It was the first major school prayer case decided by the Rehnquist Court. It held that schools may not sponsor clerics to conduct even non-denominational prayer. The Court followed a broad interpretation of the Establishment Clause that had been standard for decades at the nation's highest court, a reaffirmation of the principles of such landmark cases as Engel v. Vitale and Abington v. Schempp.
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text is:
Congress shall make no law respecting an establishment of religion...
A secular state is an idea pertaining to secularity, whereby a state is or purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state claims to treat all its citizens equally regardless of religion, and claims to avoid preferential treatment for a citizen based on their religious beliefs, affiliation or lack of either over those with other profiles.
The Pledge of Allegiance of the United States has been criticized on several grounds. Its use in government funded schools has been the most controversial, as critics contend that a government-sanctioned endorsement of religion violates the Establishment Clause of the First Amendment to the U.S. Constitution. Arguments against the pledge include that the pledge itself is incompatible with democracy and freedom, that it is a form of nationalistic indoctrination, that pledges of allegiance are features of totalitarian states such as Nazi Germany, and that the pledge was written to sell flags.
In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. As stated in the Bill of Rights: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...". Freedom of religion is linked to the countervailing principle of separation of church and state, a concept advocated by Colonial founders such as Dr. John Clarke, Roger Williams, William Penn, and later Founding Fathers such as James Madison and Thomas Jefferson.
In Stone v. Graham, 449 U.S. 39 (1980), the Supreme Court of the United States ruled that a Kentucky statute was unconstitutional and in violation of the Establishment Clause of the First Amendment, because it lacked a nonreligious, legislative purpose. The statute required the posting of a copy of the Ten Commandments on the wall of each public classroom in the state. The copies of the Ten Commandments were purchased with private funding, but the Court ruled that because they were being placed in public classrooms they were in violation of the First Amendment.
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215).
Section 116 of the Constitution of Australia precludes the Commonwealth of Australia from making laws for establishing any religion, imposing any religious observance, or prohibiting the free exercise of any religion. Section 116 also provides that no religious test shall be required as a qualification for any office or public trust under the Commonwealth. The product of a compromise in the pre-Federation constitutional conventions, Section 116 is based on similar provisions in the United States Constitution. However, Section 116 is more narrowly drafted than its US counterpart, and does not preclude the states of Australia from making such laws.
School prayer in the United States if organized by the school is largely banned from public elementary, middle and high schools by a series of Supreme Court decisions since 1962. Students may pray privately, and join religious clubs in after-school hours. Public schools are those operated by government agencies, such as local school districts. They are banned from conducting religious observances such as prayer. Private and parochial schools are not covered by these rulings, nor are colleges and universities. Elementary and secondary schools are covered because students are required to attend, and are considered more at risk from official pressure than are older students and adults. The Constitutional 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 ...
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution if ratified by the legislatures of at least three-fourths of the several States within seven years from the date of its proposal to the States by the Congress: ``Article-- ``Nothing in this Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions. No person shall be required by the United States or by any State to participate in prayer. Neither the United States nor any State shall prescribe the content of any such prayer.