The Case
Against School Prayer
"I pledge allegiance to the flag of the United States of
America, and to the republic for which it stands, one nation
indivisible, with liberty and justice for all."
-- The
"godless" Pledge of Allegiance, as it was recited by
generations of school children, before Congress inserted a
religious phrase, "under God," in 1954.
Keep the Church and
State Forever Separate
Should Students Pray in
Public Schools?
Public schools exist to
educate, not to proselytize. Children in public schools are a
captive audience. Making prayer an official part of the school day
is coercive and invasive. What 5, 8, or 10-year-old could view
prayers recited as part of class routine as "voluntary"?
Religion is private, and schools are public, so it is appropriate
that the two should not mix. To introduce religion in our public
schools builds walls between children who may not have been aware
of religious differences before.
Why Should Schools Be
Neutral?
Our public schools are
for all children, whether Catholic, Baptist, Quaker,
atheist, Buddhist, Jewish, agnostic. The schools are supported by
all taxpayers, and therefore should be free of religious
observances and coercion. It is the sacred duty of parents and
churches to instill religious beliefs, free from government
dictation. Institutionalizing prayers in public schools usurps the
rights of parents.
School prayer proponents
mistake government neutrality toward religion as hostility. The
record shows that religious beliefs have flourished in this
country not in spite of but because of the constitutional
separation of church and state.
What Happens When
Worship Enters Public Schools?
When religion has invaded
our public school system, it has singled out the lone Jewish
student, the class Unitarian or agnostic, the children in the
minority. Families who protest state/ church violations in our
public schools invariably experience persecution. It was
commonplace prior to the court decision against school prayer to
put non-religious or nonorthodox children in places of detention
during bible-reading or prayer recitation. The children of Supreme
Court plaintiffs against religion in schools, such as Vashti
McCollum, Ed Schempp and Ishmael Jaffree, were beaten up on the
way to and from school, their families subjected to community
harassment and death threats for speaking out in defense of a
constitutional principle. We know from history how harmful and
destructive religion is in our public schools. In those school
districts that do not abide by the law, school children continue
to be persecuted today.
Can't Students Pray in
Public Schools Now?
Individual, silent,
personal prayer never has and never could be outlawed in public
schools. The courts have declared government-fostered
prayers unconstitutional - those led, required, sanctioned,
scheduled or suggested by officials.
It is dishonest to call
any prayer "voluntary" that is encouraged or required by
a public official or legislature. By definition, if the government
suggests that students pray, whether by penning the prayer, asking
them to vote whether to pray or setting aside time to pray, it is
endorsing and promoting that prayer. It is coercive for schools to
schedule worship as an official part of the school day, school
sports or activities, or to use prayer to formalize graduation
ceremonies. Such prayers are more "mandatory" than
"voluntary."
What's Wrong With A
"Voluntary" Prayer Amendment?
Proponents of so-called
"voluntary" school prayer amendment (such as the one
proposed in 1995) are admitting that our secular Constitution
prohibits organized prayers in public schools. Otherwise, why
would an amendment to our U.S. Constitution be required? The
nation must ask whether politically-motivated Newt Gingrich &
Co. are wiser than James Madison, principal author of the
Constitution, and the other founders who engineered the world's
oldest and most successful constitution!
The radical school prayer
amendment would negate the First Amendment's guarantee against
government establishment of religion. Most distressing, it would
be at the expense of the civil rights of children, America's most
vulnerable class. It would attack the heart of the Bill of Rights,
which safeguards the rights of the individual from the tyranny of
the majority.
What Would the Prayer
Amendment Permit?
The text of the proposed
federal amendment (as of January, 1995) reads:
"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 or any State
shall compose the words of any prayer to be said in public
schools."
Since the right to
"individual prayer" already exists, the real motive is
to instill "group prayer."
No wording in this
amendment would prevent the government from selecting the prayer,
or the particular version of the bible it should be taken from.
Nothing restricts prayers to "nondenominational" or
"nonsectarian" (not that such a restriction would make
it acceptable). Nothing would prevent a school from selecting the
Lord's Prayer or other prayers to Jesus, and blasting it over the
intercom. For that matter, nothing would prevent the school from
sponsoring prayers to Allah or Zoroaster. Nothing would prevent
principals, teachers or clergy from leading the students. Nothing
would prevent nonparticipating students from being singled out.
The proposal also seeks to institutionalize group prayer in other
public settings, presumably public-supported senior centers,
courthouses, etc.
School prayer supporters
envision organized, vocal, group recitations of prayer, daily
classroom displays of belief in a deity or religion, dictated by
the majority. Those in the minority would be compelled to conform
to a religion or ritual in which they disbelieve, to suffer the
humiliation and imposition of submitting to a daily religious
exercise against their will, or be singled out by orthodox
classmates and teachers as "heretics" or
"sinners" for not participating.
Haven't Public Schools
Always Had Prayer?
At the time the U.S.
Supreme Court issued its 1962 and 1963 decrees against
school-sponsored prayers and bible-reading, it is estimated
religious observances were unknown in about half of the nation's
public schools.
Horace Mann, the father
of our public school system, championed the elimination of
sectarianism from American schools, largely accomplished by the
1840's. Bible reading, prayers or hymns in public schools were
absent from most public schools by the end of the 19th century,
after Catholic or minority-religion immigrants objected to
Protestant bias in public schools.
Until the 20th century,
only Massachusetts required bible-reading in the schools, in a
statute passed by the virulently anti-Catholic Know Nothing Party
in the 1850's. Only after 1913 did eleven other states make
prayers or bible reading compulsory. A number of other states
outlawed such practices by judicial or administrative decree, and
half a dozen state supreme courts overruled devotionals in public
schools.
As early as the 1850's,
the Superintendent of Schools of New York State ordered that
prayers could no longer be required as part of public school
activities. The Cincinnati Board of Education resolved in 1869
that "religious instruction and the reading of religious
books, including the Holy Bible, was prohibited in the common
schools of Cincinnati."
Presidents Ulysses S.
Grant and Theodore Roosevelt spoke up for what Roosevelt called
"absolutely nonsectarian public schools." Roosevelt
added that it is "not our business to have the Protestant
Bible or the Catholic Vulgate or the Talmud read in these
schools."
For nearly half a
century, the United States Supreme Court, consistent with this
nation's history of secular schools, has ruled against religious
indoctrination through schools (McCollum v. Board of Education,
1948), prayers and devotionals in public schools (Engel v.
Vitale, 1962) and prayers and bible-reading (Abington
School District v. Schempp, 1963), right up through the 1992
Weisman decision against prayers at public school commencements
and Santa Fe v. Doe (2000) barring student-led prayers at
public school events .
How Can Prayer Be
Harmful?
Contrary to right-wing
claims, piety is not synonymous with virtue. People should be
judged by their actions, not by what religion they believe in or
how publicly or loudly they pray.
Some Americans believe in
the power of prayer; others believe nothing fails like prayer.
Some citizens say prayer makes them feel better, but others
contend that prayer is counterproductive to personal
responsibility. Such a diversity of views is constitutionally
protected; our secular government simply is not permitted to pick
a side in religious debates.
"The hands that help
are better far than lips that pray," wrote Robert G.
Ingersoll. Who could disagree?
Should Government Become
"Prayer Police"?
How ironic that those
campaigning on an anti-Big Government theme, who contend that
government should get out of our private lives, would seek to tell
our children who to pray to in our public schools! As many
editorials across the country have pointed out, the school prayer
debate seems calculated to deflect attention away from the more
pressing economic questions facing our nation. As one conservative
governor put it: "If we don't deal with the economic issues,
we'll need more than prayer to solve our problems."
Can't Moral Decline Be
Traced to the Prayer Decisions?
Some politicians like to
blame everything bad in America upon the absence of school prayer.
Get real! Entire generations of Americans have grown up to be
law-abiding citizens without ever once reciting a prayer in
school! If prayer is the answer, why are our jails and prisons
bulging with born-agains! Japan, where no one prays at school, has
the lowest crime rate of any developed nation.
Institutionalizing school
prayer can not raise the SAT scores (only more studying and less
praying can do that). It is irrational to charge that the
complicated sociological problems facing our everchanging
population stem from a lack of prayer in schools.
One might just as well
credit the lack of prayer with the great advances that have taken
place since the 1962 and 1963 decisions on prayer. Look at the
leap in civil liberties, equality, environmental awareness,
women's rights, science, technology and medicine! The polio scare
is over. Fountains, buses, schools are no longer segregated by
law. We've made great strides in medical treatment. We have VCRs
and the computer chip. The Cold War has ended! Who would turn the
clock back?
What About the Rights of
the Majority?
Our political system is a
democratic republic in which we use majority vote to elect certain
officials or pass referenda. But we do not use majority vote to
decide what religion, if any, our neighbors must observe! The
"majority" is free to worship at home, at tax-exempt
churches, on the way to and from school, or privately in school.
There are 16 school-less hours a day when children can pray, not
to mention weekends.
Many in the
"majority" do not support school prayers. And if the
majority religion gets to choose which prayers are said in
schools, that would mean a lot of Protestant kids will be reciting
Catholic prayers! The Roman Catholic Church is the single largest
denomination in our country. Should Protestant minorities be
excused so the classroom can pray in unison to the Virgin Mary? In
a few school districts, Muslims outnumber other religions. Should
Christian minorities march into the hall with their ears covered
while the principal prays to Allah over the intercom?
What's Wrong with a
Moment of Silence?
Given the regimentation
of school children, it would make more sense to have a
"moment of bedlam" than a "moment of silence"!
Obviously, the impetus for "moments of silence or
meditation" is to circumvent the rulings against religion in
schools. The legislative history of such state laws reveals the
religious motives behind the legislation, as in the Alabama law
struck down by the U.S. Supreme Court in 1985 calling for a
"moment of silence for meditation or prayer."
When a "moment of
silence" law was enacted in Arkansas at the suggestion of
then-Gov. Bill Clinton, the law mandating this meaningless ritual
was later repealed following popular indifference. We know from
experience that many teachers and principals would regard a
"moment of silence" mandate as a green light to
introduce prayers, causing more legal challenges at the expense of
taxpayers.
Should Commencements
Start with Prayers?
In 1992, the Court ruled
in Lee v. Weisman that prayers at public school commencements are
an impermissible establishment of religion: "The lessons of
the First Amendment are as urgent in the modern world as the 18th
Century when it was written. One timeless lesson is that if
citizens are subjected to state-sponsored religious exercises, the
State disavows its own duty to guard and respect that sphere of
inviolable conscience and belief which is the mark of a free
people," wrote Justice Kennedy for the majority. He dismissed
as unacceptable the cruel idea that a student should forfeit her
own graduation in order to be free from such an establishment of
religion.
What About
"Student-Initiated" Prayer?
This is a ruse proposed
by extremist Christian legal groups such as the Rutherford
Institute, and the American Center for Law and Justice run by
televangelist Pat Robertson. Religious coercion is even worse at
the hands of another student, subjecting students to peer
pressure, pitting students in the majority against students in the
minority, treating them as outsiders with school complicity.
Imposing
prayer-by-majority-vote is flagrant and insensitive abuse of
school authority. Such schools should be teaching students about
the purpose of the Bill of Rights, instead of teaching them to be
religious bullies. Some principals or school boards have even made
seniors hold open class votes on whether to pray at graduation,
leading to hostility and reprisal against those students brave
enough to stand up for the First Amendment.
"The notion that a
person's constitutional rights may be subject to a majority vote
is itself anathema," wrote Judge Albert V. Bryan, Jr. in a
1993 ruling in Virginia, one of several similar district court
rulings around the nation banning any prayer, whether student- or
clergy-led.
We cannot put liberties
protected by our Bill of Rights up to a vote of school children!
Should kindergartners be forced to vote about whether to pray
before their milk and cookies? Under such reasoning, what would
make it wrong for students to vote to segregate schools or
otherwise violate the civil liberties of minorities?
Keep the State and
Church Forever Separate
Our founders wisely
adopted a secular, godless constitution, the first to derive its
powers from "We, the People" and the consent of the
governed, rather than claiming divine authority. They knew from
the experience of religious persecution, witchhunts and religious
discrimination in the Thirteen Colonies, and from the bloody
history left behind in Europe, that the surest path to tyranny was
to entangle church and state. That is why they adopted a secular
constitution whose only references to religion are exclusionary,
such as that there shall be no religious test for public office
(Art. VI). There were no prayers offered at the Constitutional
Convention, which shows their intent to separate religion from
secular affairs.
Prayers in schools and
religion in government are no panacea for social ills - they are
an invitation to divisiveness. More people have been killed in the
name of religion than for any other cause. As Thomas Paine pointed
out, "Persecution is not an original feature in any religion;
but it is always the strongly marked feature of all religions
established by law."
Even Jesus Was Against
School Prayer
"Thou shalt not be as
the hypocrites are: for they love to pray standing in the
synagogues and in the corners of the streets, that they may be
seen of men...
"But thou, when thou
prayest, enter into thy closet, and when thou hast shut thy
door, pray to thy Father which is in secret." - Matt.
6:5-6
"There is no such
source and cause of strife, quarrel, fights, malignant opposition,
persecution, and war, and all evil in the state, as religion. Let
it once enter our civil affairs, our government would soon be
destroyed. Let it once enter our common schools, they would be
destroyed."
- Supreme Court of
Wisconsin, Weiss v. District Board, March 18, 1890
"Leave the matter
of religion to the family altar, the church, and the private
school, supported entirely by private contributions. Keep the
church and state forever separate."
- Ulysses S. Grant,
"The President's Speech at Des Moines" (1875)
"Congress shall
make no law respecting an establishment of religion, or
prohibiting the free exercise thereof."
- First Amendment,
Bill of Rights, U.S. Constitution
Thomas Jefferson, author
of the sweeping Virginia Statute of Religious Freedom, stating
that no citizen "shall be compelled to frequent or support
any religious worship, place, or ministry whatsoever..." and
that to "compell a man to furnish contributions of money for
the propagation of [religious] opinions which he disbelieves is
sinful and tyrannical."
"I contemplate
with sovereign reverence that act of the whole American people
which declared that their legislature should make no law
'respecting an establishment of religion, or prohibiting the free
exercise thereof,' thus building a wall of separation between
church and state."
- President Thomas
Jefferson, 1802 letter to the Baptists of Danbury, Connecticut
Supreme Court Cases
Opposing Religious Worship in Schools
- McCollum v.
Board of Education, 333 U.S. 203, 212 (1948).
- Struck down religious
instruction in public schools. The case involved
school-sponsored religious instruction in which the sole
nonreligious student, Jim McCollum, was placed in detention
and persecuted by schoolmates in Champaign, Illinois.
- Tudor v.
Board of Education of Rutherford, 14 J.N. 31
(1953), cert. denied 348 U.S. 816 (1954).
- Let stand a lower
court ruling that the practice of allowing volunteers to
distribute Gideon Bibles at public school was
unconstitutional.
- Engel v.
Vitale, 370 U.S. 421 (1962).
- Declared prayers in
public school unconstitutional.
- Abington
Township School District v. Schempp, 374. U.S. 203
(1963).
- Declared
unconstitutional devotional Bible reading and recitation of
the Lord's Prayer in public schools.
- Epperson v.
Arkansas, 393 U.S., 97, 104 (1968).
- Struck down state law
forbidding schools to teach the science of evolution.
- Stone v.
Graham, 449 U.S. 39 (1980).
- Declared
unconstitutional the posting of the Ten Commandments in
classrooms.
- Wallace v.
Jaffree, 472 U.S. 38, 72 (1985).
- Overturned law
requiring daily "period of silence not to exceed one
minute... for meditation or daily prayer."
- Jager v.
Douglas County School District, 862 F.2d 824 (11th
Cir.), Cert. den. 490 U.S. 1090 (1989).
- Let stand a lower
court ruling in Georgia that pre-game invocations at high
school football games are unconstitutional.
- Lee v.
Weisman, 120 L.E. 2d 467/ 112 S.C.T. 2649 (1992).
- Ruled prayers at
public school graduations an impermissible establishment of
religion.
- Berger v.
Rensselaer, 982 F.2d, 1160 (7th Cir.) Cert. denied.
124 L.E. 2d 254 (1993).
- Let stand ruling
barring access to Gideons to pass out bibles in Indiana
schools.
- Santa Fe
Independent School District v. Doe, 530 U.S. 290
(2000).
- Barred student-led
prayers at public school functions.
Written by Annie Laurie
Gaylor. Copyright 1995 by the Freedom From Religion Foundation,
Inc., PO Box 750, Madison, WI 53701 (608) 256-8900. |