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Engel V. Vitale Summary

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The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable …show more content…

The reasoning behind that decision was that the provision allowing students to absent themselves from that activity did not make that law constitutional. The purpose of the First Amendment was to prevent government interference with religion (Facts and Case Summary - Engel v. Vitale, n.d.). Justice Douglas concurred with what the court had found. He took a broader view of the Establishment Clause, arguing that any type of public promotion of religion, including giving financial aid to religious schools, violates the establishment clause (Facts and Case Summary - Engel v. Vitale, n.d.). I would agree with this decision in some ways, but there are some that I do not agree with. I don’t agree that the Pledge of Allegiance violates the Establishment Clause of the First Amendment because you are not praying to anything or anyone. I would agree that the nondenominational prayer does violate this clause. The reason being is that schools are not allowed to require that there is to be a prayer because it comes down to the separation of church and state. Church is where you can go and pray, as well as practice your religion. The state, however, cannot mandate that there be prayer in school because it is not something that they can do because of the First

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(2) Background Information As well as the lawsuit filed by Alton Lemon, this incident involved two other cases that fell under the same issue, Earley v. DiCenso and Robinson v. DisCenso. Both conflicts involved a state law passed, through the Non- public Elementary and Secondary Education Act of 1968, by the state of Pennsylvania and Rhode Island. This act gave the government permission to fund religious based or parochial schools. Although the schools provided textbooks and instructional materials for secular subjects, a Pennsylvania instructor believed that this act violated the Establishment Clause of the First Amendment, “Congress shall make no law respecting an establishment of religion” Lemon argued that that by providing this money

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Notаbly absent from the opinion, as it was in Plessy, is any citаtion to a Supreme Court cаse that considered whether the prаctice of segregating schools was a violation of the Fourteenth Аmendment. It was an open question for the Court. The Court аdmitted that the precedent to which it cited involved discriminаtion between whites and blacks rаther thаn other rаces. However, the Court found no аppreciable difference here—"the decision is within the discretion of the state in regulating its public schools, and does not conflict with the Fourteenth Аmendment."

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“The students alleged that Westside 's refusal violated the Equal Access Act, which requires that schools in receipt of federal funds provide "equal access" to student groups seeking to express "religious, political, philosophical, or other content" messages” (Board of Education of Westside Community Schools v. Mergens by and Through Mergens). Many still argue today that Westside 's prohibition against the Christian club, consistent with the Establishment Clause, makes the Equal Access Act unconstitutional.

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The families believed, even though the students could be individually excused from the recitation, that the difficulty of being granted permission to be excused from the room during the regents’ prayer made the recitation feel extremely obligatory. Furthermore, they said the prayer certainly violated the Establishment Clause of the First Amendment of the

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Board of Education is a very important landmark case. This case addressed the constitutionality of segregation in public schools back in the early 1950s. When the case was heard in a U.S. District Court a three-judge panel ruled in favor of the school boards. The plaintiffs then appealed to the U.S. Supreme Court. The Supreme Court went through all its procedures and eventually decided that “Separate educational facilities are inherently unequal” ().

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Prayer in Schools In 1962 the Engel versus Vitale lawsuit ended prayer in schools. I believe the intentions were good at the time, as it was to protect the first amendments rights of the pupils so that they would not be forced to pray outside of their faith. I believe everyone has the right to his or her own beliefs and should be able to pray to whatever faith they may practice.

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How would you feel if you were aware that your constitutional right of the First Amendment was being violated? Today in public schools all around the nation, the right to pray has been taken. As shocking as this information may seem, it is completely legitimate. This controversial decision, made by the Supreme Court on June 25, 1962, has disappointed many Americans over the past few decades. However, allowing voluntary, student-led prayer to be brought back into the school systems can not only benefit students, but also benefit our country by teaching this nation 's youth the necessary religious morals they need to be able to efficiently establish right from wrong, and allowing them to practice their constitutional right of the First Amendment.

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