3. Questions of the Court
Does requiring students to recite a state written prayer violate the Establishment Clause of the First Amendment?
4. Holding
The decision was 6-1 in favor of Engle. Justice Frankfurter and Justice White did no hear the case.
5. Opinion of the Court Justice Black delivered the opinion of the Court. New York’s requirement of students to recite a Regent’s prayer is inconsistent with the Establishment Clause of the First Amendment. The prayer is obviously religious activity. The petitioners state that the regents prayer must be abolished for violating the Establishment Clause because prayer written by government for a government program advances religious belief. The petitioners contend the Regent’s prayer violates the wall of church and state. The Court agrees with this …show more content…
The only person forced to state the prayer is the teacher. Students may stand in silence if they wish. The question for the Court is whether New York crosses a line by enacting this prayer. New York uses the same practice the Court does to open session. The Crier states, “God save the United States and this Honorable Court,” and Justices are free to pray if they wish (O’Brien 779). The New York prayer is only twenty two words, but not matter how short performing public prayer in a public school job is unconstitutional. Stating a prayer does not violate the Establishment Clause in a strict sense, but if government bankrolls religious practice in school it becomes influential. The First Amendment means the Government must be neutral towards religion. This prayer is not neutral (O’Brien