lee weisman argued november decided june principals public middle high schools providence rhode island permitted invite members clergy give invocations benedictions schools graduation ceremonies petitioner lee middle school principal invited rabbi offer prayers graduation ceremony deborah weisman class gave rabbi pamphlet containing guidelines composition public prayers civic ceremonies advised prayers nonsectarian shortly ceremony district denied motion respondent weisman deborah father temporary restraining order prohibit school officials including prayers ceremony deborah family attended ceremony prayers recited subsequently weisman sought permanent injunction barring lee petitioners various providence public school officials inviting clergy deliver invocations benedictions future graduations appears likely prayers conducted deborah high school graduation district enjoined petitioners continuing practice issue ground violated establishment clause first amendment appeals affirmed held including clergy offer prayers part official public school graduation ceremony forbidden establishment clause pp need revisit questions definition scope principles governing extent permitted accommodation state citizens religious beliefs practices controlling precedents relate prayer religious exercise primary secondary public schools compel holding thus reconsider decision lemon kurtzman principle government may accommodate free exercise religion supersede fundamental limitations imposed establishment clause guarantees minimum government may coerce anyone support participate religion exercise otherwise act way establishes state religion religious faith tends lynch donnelly pp state officials direct performance formal religious exercise secondary schools promotional graduation ceremonies lee decision prayers given selection religious participant choices attributable state moreover pamphlet advice prayers nonsectarian directed controlled prayers content directions may given attempt make prayers acceptable persons resolve dilemma caused school involvement since government may establish official civic religion means avoiding establishment religion specific creeds pp establishment clause inspired lesson hands government might begin tolerant expression religious views may end policy indoctrinate coerce prayer exercises elementary secondary schools carry particular risk indirect coercion engel vitale school dist abington schempp school district supervision control high school graduation ceremony places subtle indirect public peer pressure attending students stand group maintain respectful silence invocation benediction reasonable dissenter high school age believe standing remaining silent signified participation approval group exercise rather respect state may place student dissenter dilemma participating protesting since adolescents often susceptible peer pressure especially matters social convention state may use social pressure enforce orthodoxy may use direct means embarrassment intrusion religious exercise refuted arguing prayers de minimis character since affront rabbi prayers meaning since intrusion real violation objectors rights pp petitioners argument option attending ceremony excuses inducement coercion ceremony rejected society high school graduation one life significant occasions student free absent exercise real sense term voluntary also dispositive contention prayers essential part ceremonies many persons occasion lack meaning without recognition human achievements understood apart spiritual essence position fails acknowledge many spiritual imperative weismans religious conformance compelled state also gives insufficient recognition real conflict conscience faced student choose whether miss graduation conform practice environment risk compulsion especially high pp inherent differences public school system session state legislature distinguish case marsh chambers condoned prayer exercise atmosphere state legislature opening adults free enter leave little comment number reasons compare constraining potential one school event important student attend pp kennedy delivered opinion blackmun stevens souter joined blackmun post souter post filed concurring opinions stevens joined scalia filed dissenting opinion rehnquist white thomas joined post charles cooper argued cause petitioners briefs michael carvin peter ferrara robert cynkar joseph rotella jay alan sekulow solicitor general starr argued cause amicus curiae urging reversal brief assistant attorney general gerson deputy solicitor general roberts deputy assistant attorney general mcginnis richard seamon sandra blanding argued cause respondent brief steven shapiro john powell briefs amici curiae urging reversal filed board education alpine school district brinton burbidge merrill nelson christian legal society et al edward mcglynn gaffney michael woodruff samuel ericsson forest montgomery clarendon foundation kemp harshman ronald maines concerned women america et al james matthew henderson jordan lorence mark troobnick thomas patrick monaghan focus family et al stephen galebach laura millman liberty counsel mathew staver national jewish commission law public affairs nathan lewin dennis rapps national legal foundation robert skolrood brian mccormick rutherford institute et al john whitehead alexis crow eric johnston stephen hurst joseph secola thomas neuberger brian heller amy dougherty david melton thomas strahan robert melnick william bonner larry crain charles bundren james knicely specialty research associates et al jordan lorence southern baptist convention christian life commission michael whitehead james smart catholic conference mark chopko phillip harris briefs amici curiae urging affirmance filed americans religious liberty ronald lindsay american jewish congress et al douglas laycock briefs amici curiae filed state delaware charles oberly iii attorney general delaware michael foster solicitor general david swayze david ripsom council religious freedom et al lee boothby robert nixon walter carson rolland truman institute basic life principles joe reynolds national coalition public education religious liberty et al david isbell jeremy gunn national school boards association gwendolyn gregory august steinhilber thomas shannon justice kennedy delivered opinion school principals public school system city providence rhode island permitted invite members clergy offer invocation benediction prayers part formal graduation ceremonies middle schools high schools question us whether including clerical members offer prayers part official school graduation ceremony consistent religion clauses first amendment provisions fourteenth amendment makes applicable full force school districts deborah weisman graduated nathan bishop middle school public school providence formal ceremony june years old many years policy providence school committee superintendent schools permit principals invite members clergy give invocations benedictions middle school high school graduations many principals elected include prayers part graduation ceremonies acting daughter deborah father daniel weisman objected prayers deborah middle school graduation avail school principal petitioner robert lee invited rabbi deliver prayers graduation exercises deborah class rabbi leslie gutterman temple beth el providence accepted custom providence school officials provide invited clergy pamphlet entitled guidelines civic occasions prepared national conference christians jews guidelines recommend public prayers nonsectarian civic ceremonies composed inclusiveness sensitivity though acknowledge rayer kind may inappropriate civic occasions app principal gave rabbi gutterman pamphlet graduation advised invocation benediction nonsectarian agreed statement facts rabbi gutterman prayers follows invocation god free hope brave legacy america diversity celebrated rights minorities protected thank may young men women grow enrich liberty america thank may new graduates grow guard political process america citizens may participate system may seek justice thank may honor morning always turn trust destiny america thank may graduates nathan bishop middle school live might help share may aspirations country young people hope future richly fulfilled amen benediction god grateful endowed us capacity learning celebrated joyous commencement happy families give thanks seeing children achieve important milestone send blessings upon teachers administrators helped prepare graduates need strength guidance future help understand complete academic knowledge alone must strive fulfill require us justly love mercy walk humbly give thanks lord keeping us alive sustaining us allowing us reach special happy occasion amen record case sparse many respects unfamiliar fixed custom practice middle school graduations referred school district promotional exercises constrained reference high schools however high school graduations integral part american cultural life confidence describe customary features confirmed aspects record parties representations oral argument providence school system high school graduation ceremonies conducted away school middle school ceremonies held school premises classical high school deborah attends conducted graduation ceremonies school premises agreed statement facts parties stipulate attendance graduation ceremonies voluntary agreed statement facts graduating students enter group processional subject direction teachers school officials sit together apart families assume clergy participation high school graduation exercise deborah middle school ceremony students stood pledge allegiance remained standing rabbi prayers tr oral arg even assumption respectful moment silence prayers rabbi two presentations must extended much beyond minute know whether remained stage whole ceremony whether students received individual diplomas stage helped congratulate school board supports amicus curie argued short prayers others like graduation exercises profound meaning many students parents throughout country consider due respect acknowledgment divine guidance deepest spiritual aspirations people expressed event important life graduation assume addressing difficult case us significance prayers lies also heart daniel deborah weisman case deborah graduation held premises nathan bishop middle school june four days ceremony daniel weisman individual capacity providence taxpayer next friend deborah sought temporary restraining order district district rhode island prohibit school officials including invocation benediction graduation ceremony denied motion lack adequate time consider deborah family attended graduation prayers recited july daniel weisman filed amended complaint seeking permanent injunction barring petitioners various officials providence public schools inviting clergy deliver invocations benedictions future graduations find unnecessary address daniel weisman taxpayer standing live justiciable controversy us deborah weisman enrolled student classical high school providence record appears likely certain invocation benediction conducted high school graduation agreed statement facts app case submitted stipulated facts district held petitioners practice including invocations benedictions public school graduations violated establishment clause first amendment enjoined petitioners continuing practice ri applied establishment clause test set forth lemon kurtzman test described past cases satisfy establishment clause governmental practice must reflect clearly secular purpose primary effect neither advances inhibits religion avoid excessive government entanglement religion committee public ed religious liberty nyquist district held petitioners actions violated second part test address either first third decided based reading precedents effects test lemon violated whenever government action creates identification state religion religion general effect governmental action endorse one religion another endorse religion general determined practice including invocations benedictions even nonsectarian ones public school graduations creates identification governmental power religious practice endorses religion violates establishment clause holding expressed determination follow stein plainwell community schools appeals sixth circuit relying decision marsh chambers held benedictions invocations public school graduations always unconstitutional marsh upheld constitutionality nebraska state legislature practice opening sessions prayer offered chaplain paid public funds district case disagreed sixth circuit reasoning believed marsh narrow decision limited unique situation legislative prayer relevance school prayer cases appeal appeals first circuit affirmed majority opinion judge torruella adopted opinion district judge bownes joined majority wrote separate concurring opinion decided practices challenged violated three parts lemon test judge bownes went agree district marsh application school prayer cases stein decision flawed concluded suggesting establishment clause rules prayer even one excluding mention deity offered public school graduation ceremony judge campbell dissented basis marsh stein reasoned prayers delivered nonsectarian school officials ensured persons representing variety beliefs ethical systems invited present invocations benedictions violation establishment clause granted certiorari affirm ii dominant facts mark control confines decision state officials direct performance formal religious exercise promotional graduation ceremonies secondary schools even students object religious exercise attendance participation religious activity fair real sense obligatory though school district require attendance condition receipt diploma case require us revisit difficult questions dividing us recent cases questions definition full scope principles governing extent permitted accommodation state religious beliefs practices many citizens see county allegheny american civil liberties union greater pittsburgh chapter wallace jaffree lynch donnelly without reference principles contexts controlling precedents relate prayer religious exercise primary secondary public schools compel holding policy city providence unconstitutional one decide case without reconsidering general constitutional framework public schools efforts accommodate religion measured thus accept invitation petitioners amicus reconsider decision lemon kurtzman supra government involvement religious activity case pervasive point creating religious exercise public school conducting formal religious observance conflicts settled rules pertaining prayer exercises students suffices determine question us principle government may accommodate free exercise religion supersede fundamental limitations imposed establishment clause beyond dispute minimum constitution guarantees government may coerce anyone support participate religion exercise otherwise act way establishes state religion religious faith tends lynch supra see also county allegheny supra quoting everson board ed ewing state involvement school prayers challenged today violates central principles involvement troubling undenied school official principal decided invocation benediction given choice attributable state constitutional perspective state statute decreed prayers must occur principal chose religious participant rabbi choice also attributable state reason choice rabbi disclosed record potential divisiveness choice particular member clergy conduct ceremony apparent divisiveness course attend state decision respecting religions neither existence potential necessarily invalidates state attempts accommodate religion cases potential divisiveness particular relevance though centers around overt religious exercise secondary school environment discuss see infra subtle coercive pressures exist student real alternative allowed avoid fact appearance participation state role end decision include prayer choice clergyman principal lee provided rabbi gutterman copy guidelines civic occasions advised prayers nonsectarian means principal directed controlled content prayers even sanction ignoring instructions rabbi invited back think religious representative valued continued reputation effectiveness community incur state displeasure regard cornerstone principle establishment clause jurisprudence part business government compose official prayers group american people recite part religious program carried government engel vitale school officials attempted petitioners argue find nothing case refute directions content prayers attempt school ensure sectarianism often flashpoint religious animosity removed graduation ceremony concern understandable prayer uses ideas images identified particular religion may foster different sort sectarian rivalry invocation benediction terms neutral school explanation however resolve dilemma caused participation question good faith school attempting make prayer acceptable persons legitimacy undertaking enterprise object produce prayer used formal religious exercise students practical purposes obliged attend asked recognize existence practice nonsectarian prayer prayer within embrace known tradition prayer acceptable one example makes explicit references god israel jesus christ patron saint may support empirical observation statement appeals sixth circuit picked judge campbell dissent appeals case emerged country civic religion one tolerated sectarian exercises stein campbell dissenting case see also note civil religion establishment clause yale common ground defined permits conflicting faiths express shared conviction ethic morality transcend human invention sense community purpose sought decent societies might advanced though first amendment allow government stifle prayers aspire ends neither permit government undertake task first amendment religion clauses mean religious beliefs religious expression precious either proscribed prescribed state design constitution preservation transmission religious beliefs worship responsibility choice committed private sphere promised freedom pursue mission must forgotten concern must given define protection granted objector dissenting nonbeliever clauses exist protect religion government interference james madison principal author bill rights rest opposition religious establishment sole ground effect minority principal ground view xperience witnesseth ecclesiastical establishments instead maintaining purity efficacy religion contrary operation memorial remonstrance religious assessments papers james madison rachal rutland ripel teute eds concerns particular application case school officials whose effort monitor prayer perceived students inducing participation might otherwise reject though efforts school officials case find common ground appear good faith attempt recognize common aspects religions divisive ones precedents permit school officials assist composing prayers incident formal exercise students engel vitale supra precedents caution us measure idea civic religion central meaning religion clauses first amendment creeds must tolerated none favored suggestion government may establish official civic religion means avoiding establishment religion specific creeds strikes us contradiction accepted degree school involvement made clear graduation prayers bore imprint state thus put children objected untenable position turn attention consider position students desired prayer endure speech false ideas offensive content counter part learning live pluralistic society society insists upon open discourse towards end tolerant citizenry tolerance presupposes mutuality obligation argued constitutional vision free society requires confidence ability accept reject ideas approve prayer high school graduation nothing offer choice time seniors high school students doubt required attend classes assemblies complete assignments exposing ideas find distasteful immoral absurd background students may consider odd measure justice subjected course educations ideas deemed offensive irreligious denied brief formal prayer ceremony school offers return argument prevail however overlooks fundamental dynamic constitution first amendment protects speech religion quite different mechanisms speech protected ensuring full expression even government participates object important speech persuade government adopt idea meese keene see also keller state bar california abood detroit bd method protecting freedom worship freedom conscience religious matters quite reverse religious debate expression government prime participant framers deemed religious establishment antithetical freedom free exercise clause embraces freedom conscience worship close parallels speech provisions first amendment establishment clause specific prohibition forms state intervention religious affairs precise counterpart speech provisions buckley valeo per curiam explanation lies lesson history inspiration establishment clause lesson hands government might begin tolerant expression religious views may end policy indoctrinate coerce orthodoxy puts grave risk freedom belief conscience sole assurance religious faith real imposed lessons first amendment urgent modern world century written one timeless lesson citizens subjected religious exercises state disavows duty guard respect sphere inviolable conscience belief mark free people compromise principle today deny tradition forfeit standing urge others secure protections tradition observed heightened concerns protecting freedom conscience subtle coercive pressure elementary secondary public schools see school dist abington schempp goldberg concurring edward aguillard board ed westside community mergens kennedy concurring decisions engel vitale school dist abington supra recognize among things prayer exercises public schools carry particular risk indirect coercion concern may limited context schools pronounced see county allegheny american civil liberties union greater pittsburgh chapter kennedy concurring judgment part dissenting part believers may seem nothing reasonable request nonbeliever respect religious practices school context may appear nonbeliever dissenter attempt employ machinery state enforce religious orthodoxy need look beyond circumstances case see phenomenon work undeniable fact school district supervision control high school graduation ceremony places public pressure well peer pressure attending students stand group least maintain respectful silence invocation benediction pressure though subtle indirect real overt compulsion course culture standing remaining silent signify adherence view simple respect views others doubt persons desire join prayer little objection standing sign respect dissenter high school age reasonable perception forced state pray manner conscience allow injury less real doubt many students graduation act standing remaining silent expression participation rabbi prayer point religious exercise little comfort dissenter told act standing remaining silence signifies mere respect rather participation matters given social conventions reasonable dissenter milieu believe group exercise signified participation approval finding violation circumstances place objectors dilemma participating implies protesting address whether choice acceptable affected citizens mature adults think state may consistent establishment clause place primary secondary school children position research psychology supports common assumption adolescents often susceptible pressure peers towards conformity influence strongest matters social convention brittain adolescent choices sociological rev june clasen brown multidimensionality peer pressure adolescence youth adolescence brown clasen eicher perceptions peer pressure peer conformity dispositions behavior among adolescents developmental psychology july recognize choice imposed state constitutes unacceptable constraint acknowledges government may use social pressure enforce orthodoxy may use direct means injury caused government action reason daniel deborah weisman object state school setting effect required participation religious exercise concede brief exercise individual concentrate joining message meditate religion let mind wander embarrassment intrusion religious exercise refuted arguing prayers similar ones said future de minimis character affront rabbi offered prayers essential profound recognition divine authority reason think intrusion greater two minutes time consumed prayers like assuming must prayers offensive student parent object intrusion real context secondary school violation objectors rights intrusion course promulgating religion sought civic nonsectarian rather pertaining one sect lessen offense isolation objectors best narrows number worst increases sense isolation affront see supra stipulation district attendance graduation promotional ceremonies voluntary statement agreed facts app petitioners amicus made center point case arguing option attending graduation excuses inducement coercion ceremony argument lacks persuasion law reaches past formalism say teenage student real choice attend high school graduation formalistic extreme true deborah elect attend commencement without renouncing diploma shall allow case turn point everyone knows society culture high school graduation one life significant occasions school rule excuses attendance beside point attendance may required official decree yet apparent student free absent graduation exercise real sense term voluntary absence require forfeiture intangible benefits motivated student youth high school years graduation time family closest student celebrate success express mutual wishes gratitude respect end impressing upon young person role right duty assume community diverse parts importance event point school district rely upon argue formal prayer permitted becomes one principal reasons argument must fail contention one considerable force constitutional constraints applied state action prayers essential part ceremonies many persons occasion significance lacks meaning recognition however brief human achievements understood apart spiritual essence think government position interest suffices force students choose compliance forfeiture demonstrates fundamental inconsistency argumentation fails acknowledge many deborah classmates parents spiritual imperative daniel deborah weisman religious conformance compelled state societies wishes majority might prevail establishment clause first amendment addressed contingency rejects balance urged upon us constitution forbids state exact religious conformity student price attending high school graduation calculus constitution commands government argument gives insufficient recognition real conflict conscience faced young student essence government position regard civic social occasion importance objector majority must take unilateral private action avoid compromising religious scruples hereby electing miss graduation exercise turns conventional first amendment analysis head tenet first amendment state require one citizens forfeit rights benefits price resisting conformance religious practice say student must remain apart ceremony opening invocation closing benediction risk compelling conformity environment analogous classroom setting said risk compulsion especially high see supra engel vitale school dist abington schempp found provisions within challenged legislation permitting student voluntarily excused attendance participation daily prayers shield practices invalidation fact attendance graduation ceremonies voluntary legal sense save religious exercise inherent differences public school system session state legislature distinguish case marsh chambers considerations raised objection invocation benediction many respects similar arguments considered marsh also obvious differences atmosphere opening session state legislature adults free enter leave little comment number reasons compare constraining potential one school event important student attend influence force formal exercise school graduation far greater prayer exercise condoned marsh marsh majority fact gave specific recognition distinction placed particular reliance upholding prayers issue today case different high school graduation teachers principals must retain high degree control precise contents program speeches timing movements dress decorum students bethel school dist fraser atmosphere character invocation benediction clergy selected school combine make prayer religious exercise student left alternative submit different marsh suffices make religious exercise first amendment violation establishment clause jurisprudence remains delicate one accept parallel relied upon petitioners facts marsh case us decisions engel vitale supra school dist abington schempp supra require us distinguish public school context hold every state action implicating religion invalid one citizens find offensive people may take offense manner religious well nonreligious messages offense alone every case show violation know sometimes endure social isolation even anger may price conscience nonconformity reading cases conformity required student case high exaction withstand test establishment clause prayer exercises case especially improper state every practical sense compelled attendance participation explicit religious exercise event singular importance every student one objecting student real alternative avoid jurisprudence area necessity one determining point dissenter rights religious freedom infringed state first amendment prohibit practices realistic measure create none dangers designed prevent directly substantially involve state religious exercises favoring religion meaningful practical impact course true great consequences grow small beginnings measure constitutional adjudication ability willingness distinguish real threat mere shadow school dist abington schempp supra goldberg concurring reasons stated judgment appeals affirmed nearly half century review refinement establishment clause jurisprudence distilled one clear understanding government may neither promote affiliate religious doctrine organization may obtrude internal affairs religious institution application principles present case mandates decision reached today first reviewed challenge state law establishment clause everson board ed ewing relying history clause prior analysis justice black outlined considerations become touchstone establishment clause jurisprudence neither state federal government pass laws aid one religion aid religions prefer one religion another neither state federal government openly secretly participate affairs religious organization vice versa words jefferson clause establishment religion law intended erect wall separation church state everson quoting reynolds dissenters agreed amendment purpose create complete permanent separation spheres religious activity civil authority comprehensively forbidding every form public aid support religion rutledge dissenting joined frankfurter jackson burton engel vitale considered first time constitutionality prayer public school students said aloud short prayer selected state board regents almighty god acknowledge dependence upon thee beg thy blessings upon us parents teachers country justice black writing made clear first amendment forbids use power prestige government control support influence religious beliefs practices american people although prayer denominationally neutral observance part students voluntary found violated essential precept establishment clause year later invalidated prayer public schools school dist abington schempp schempp school day baltimore maryland abington township pennsylvania students began reading bible recitation lord prayer thorough review prior establishment clause cases concluded establishment clause directly considered eight times past score years one justice dissenting point consistently held clause withdrew legislative power respecting religious belief expression thereof test may stated follows purpose primary effect enactment either advancement inhibition religion enactment exceeds scope legislative power circumscribed constitution five years later next time considered whether religious activity public schools violated establishment clause reiterated principle government may aid foster promote one religion religious theory another even militant opposite epperson arkansas purpose primary effect advancement inhibition religion enactment exceeds scope legislative power circumscribed constitution quoting schempp finding arkansas law aided religion preventing teaching evolution invalidated chief justice burger reviewed past decisions found three tests may gleaned cases lemon kurtzman order statute survive establishment clause challenge irst statute must secular legislative purpose second principal primary effect must one neither advances inhibits religion finally statute must foster excessive government entanglement religion internal quotation marks citations omitted lemon continued rely basic principles resolving establishment clause disputes application principles facts case straightforward doubt invocation god blessings delivered nathan bishop middle school religious activity engel words engel rabbi prayer solemn avowal divine faith supplication blessings almighty nature prayer always religious question whether government plac ed official stamp approval prayer ably demonstrates government compose official prayers selects member clergy deliver prayer prayer delivered public school event planned supervised given school officials pressures students attend participate prayer doubt government advancing promoting religion prior decisions teach us constitution prohibits ii join opinion today find nothing inconsistent essential precepts establishment clause developed precedents holds graduation prayer unconstitutional state effect required participation religious exercise ante although precedents make clear proof government coercion necessary prove establishment clause violation sufficient government pressure participate religious activity obvious indication government endorsing promoting religion enough government restrain compelling religious practices must engage either see schempp goldberg concurring repeatedly recognized violation establishment clause predicated coercion see douglas concurring wallace jaffree concurring judgment decisions engel schempp acknowledged coercion implicit statutory schemes expressly turned fact government sponsoring manifestly religious exercise citation omitted committee public ed religious liberty nyquist roof coercion necessary element claim establishment clause establishment clause proscribes public schools conveying attempting convey message religion particular religious belief favored preferred county allegheny american civil liberties union greater pittsburg chapter internal quotation marks omitted emphasis original even schools actually impos pressure upon student participate religious activity board ed westside community schools dist mergens kennedy concurring part concurring judgment scope establishment clause prohibitions developed case law derives clause purposes first amendment encompasses two distinct guarantees government shall make law respecting establishment religion prohibiting free exercise thereof common purpose securing religious liberty vigorous enforcement clauses promote assure fullest possible scope religious liberty tolerance nurture conditions secure best hope attainment end schempp goldberg concurring doubt attempts aid religion government coercion jeopardize freedom conscience even subtle pressure diminishes right individual choose voluntarily believe representative carroll explained congressional debate establishment clause rights conscience nature peculiar delicacy little bear gentlest touch governmental hand annals cong decisions gone beyond prohibiting coercion however recognized fullest possible scope religious liberty schempp goldberg concurring entails freedom coercion establishment clause protects religious liberty grand scale social compact guarantees generations democracy strong religious community essential safeguarding religious liberty fathers seem perfectly sincere belief members church patriotic citizens state religious keeping respective functions entirely separate religious liberty essays speeches jeremiah black black ed chief justice commonwealth pennsylvania mixing government religion threat free government even one forced participate government puts imprimatur particular religion conveys message exclusion adhere favored beliefs government premised belief persons created equal asserts god prefers nguish hardship bitter strife result zealous religious groups struggl one another obtain government stamp approval engel see also lemon aguilar felton powell concurring struggle strain political system breaking point walz tax new york city opinion harlan government arrogates role religious affairs abandons obligation guarantor democracy democracy requires nourishment dialog dissent religious faith puts trust ultimate divine authority human deliberation government appropriates religious truth transforms rational debate theological decree nuechterlein note free exercise boundaries permissible accommodation establishment clause yale disagree longer questioning policy judgment elected rules higher authority beyond reproach madison warned government officials use religious authority pursue secular ends exceed commission derive authority tyrants people submit governed laws made neither authority derived slaves memorial remonstrance religious assessments complete madison padover ed democratic government last long proclamation replaces persuasion medium political exchange likewise recognized eligion flourishes greater purity without aid gov ernment make room wide variety beliefs creeds spiritual needs man deem necessary zorach clauson government must align one government favors particular religion sect disadvantage others obvious even favored religion may fear taint ed corrosive secularism school dist grand rapids ball favored religion may compromised political figures reshape religion beliefs purposes may reformed government largesse brings government regulation keeping religion hands private groups minimizes state intrusion religious choice best enables religion flourish according zeal adherents appeal dogma zorach understandings fears underlie establishment clause jurisprudence believed religious freedom exist absence free democratic government government endure fusion religion political regime believed religious freedom thrive absence vibrant religious community community prosper bound secular believed animating principles behind adoption establishment clause end cases prohibited government endorsement religion sponsorship active involvement religion whether citizens coerced conform remain convinced jurisprudence misguided requires decision reached today accordingly join affirming judgment appeals footnotes articulated six examples paradigmatic practices establishment clause prohibits establishment religion clause first amendment means least neither state federal government set church neither pass laws aid one religion aid religions prefer one religion another neither force influence person go remain away church force profess belief disbelief religion person punished entertaining professing religious beliefs disbeliefs church attendance tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion neither state federal government openly secretly participate affairs religious organizations groups vice versa everson board ed ewing final prong excessive entanglement focus walz tax new york city harkens back final example everson neither state federal government openly secretly participate affairs religious organizations groups vice versa everson discussion everson reflected madisonian concern secular religious authorities must interfere respective spheres choice influence see generally complete madison padover ed since decided establishment clause cases one instance decision marsh chambers rested decision basic principles described lemon example recent establishment clause case board ed westside community schools dist mergens applied lemon analysis equal access act made unlawful public secondary schools deny equal access student wishing hold religious meetings plurality opinion marshall concurring judgment case involving religious activities public schools failed apply vigorously lemon factors case religious message promotes specifically phrase benediction must strive fulfill require us justly love mercy walk humbly obviously taken book prophet micah ch practical matter course anytime government endorses religious belief almost always pressure conform power prestige financial support government placed behind particular religious belief indirect coercive pressure upon religious minorities conform prevailing officially approved religion plain engel vitale see everson rutledge dissenting establishment free exercise correlative coextensive ideas representing different facets single great fundamental freedom school dist abington schempp douglas concurring goldberg concurring wallace jaffree see also engel clause first immediate purpose rested belief union government religion tends destroy government degrade religion illinois ex rel mccollum board ed school dist champaign first amendment rests upon premise religion government best work achieve lofty aims left free within respective sphere establishment clause infringed government makes adherence religion relevant person standing political community direct government action endorsing religion particular religious practice invalid approach sends message nonadherents outsiders full members political community accompanying message adherents insiders favored members political community wallace jaffree concurring judgment internal quotation marks omitted sigmund freud expressed way religion even calls religion love must hard unloving belong freud group psychology analysis ego james madison stated theory even strongly memorial remonstrance bill providing tax funds religious teachers degrades equal rank citizens whose opinions religion bend legislative authority distant may present form inquisition differs degree one first step last career intolerance complete madison religion lost power engender divisiveness issues aclu takes reproductive rights discrimination jail prison conditions abuse kids public schools police brutality name far volatile issue school prayer aside efforts abolish death penalty issue elicits death threats parish graduation prayer violates bill rights utah bar view establishment clause primarily vehicle protecting churches expounded initially roger williams ordly corruptions might consume churches sturdy fences wilderness maintained howe garden wilderness ut religion contracts alliance nature hesitate affirm commits error man sacrifice future present welfare obtaining power claim risks authority rightfully de tocqueville democracy america reeve transl justice souter justice stevens justice join concurring join whole opinion fully agree prayers public school graduation ceremonies indirectly coerce religious observance write separately nonetheless two issues establishment clause analysis underlie independent resolution case whether clause applies governmental practices favor one religion denomination others whether state coercion religious conformity state endorsement religious exercise belief necessary element establishment clause violation years ago announced basic principle constitutional law strayed establishment clause forbids state practices aid one religion prefer one religion another also aid religions everson board ed ewing today reaffirm principle holding establishment clause forbids prayers public school settings matter nondenominational prayers may barring state sponsoring generically theistic prayers sponsor sectarian ones hold true line precedent adequate historical case depart since everson consistently held clause applicable less governmental acts favoring religion generally acts favoring one religion others thus engel vitale held public schools may subject students readings prayer however denominationally neutral recently wallace jaffree held alabama statute passed sole purpose returning voluntary prayer public schools violated establishment clause even though encourage students pray particular deity said underlying principle examined crucible litigation unambiguously concluded individual freedom conscience protected first amendment embraces right select religious faith none conclusion held derives support interest respecting individual freedom conscience also conviction religious beliefs worthy respect product free voluntary choice faithful recognition fact political interest forestalling intolerance extends beyond intolerance among christian sects even intolerance among religions encompass intolerance disbeliever uncertain footnotes omitted settled law elsewhere stick absent compelling reason discard see arizona rumsey payne tennessee souter concurring challenged precedent reading establishment clause permit nonpreferential state promotion religion challengers argue originally understood framers establishment clause require government neutrality religion irreligion prohibit federal government providing nondiscriminatory aid religion wallace supra rehnquist dissenting see also cord separation church state historical fact current fiction case made position convincing warrant reconsideration settled law indeed find history clause textual development powerful argument supporting jurisprudence following everson james madison arrived first congress series proposals amend national constitution one provisions read civil rights none shall abridged account religious belief worship shall national religion established shall full equal rights conscience manner pretext infringed annals cong madison language last long sent select committee house without explanation changed read religion shall established law shall equal rights conscience infringed thence proposal went committee whole turn dissatisfied select committee language adopted alternative proposed samuel livermore new hampshire congress shall make laws touching religion infringing rights conscience see livermore proposal forbidden laws anything religion thus far broader madison version broader even scope establishment clause understand see corporation presiding bishop church jesus christ saints amos upholding legislative exemption religious groups certain obligations civil rights laws house rewrote amendment sending senate time adopting without recorded debate language derived proposal fisher ames massachusetts congress shall make law establishing religion prohibiting free exercise thereof shall rights conscience infringed documentary history first federal congress america senate journal de pauw ed see annals cong perhaps reflection representatives thought livermore proposal expansive perhaps one historian suggested simply worried language satisfy demands wanted something said specifically establishments religion levy establishment clause hereinafter levy know know house rejected select committee version arguably ensured religion enjoyed official preference others deliberately chose instead prohibition extending laws establishing religion general sequence senate treatment house proposal house response senate confirm framers meant establishment clause prohibition encompass nonpreferential aid religion september senate considered number provisions permitted aid ultimately adopted one first briefly entertained language congress shall make law establishing one religious sect society preference others shall rights conscience infringed see documentary history supra senate journal rejecting two minor amendments proposal see senate dropped altogether chose provision identical house proposal without clause protecting rights conscience ibid record senate debates know prompted changes record tell us six days later senate went half circle adopted narrowest language yet congress shall make law establishing articles faith mode worship prohibiting free exercise religion senate sent proposal house along versions constitutional amendments proposed though accepted much senate work bill rights house rejected senate version establishment clause called joint conference committee senate agreed house conferees ultimately persuading senate accept final text religion clauses congress shall make law respecting establishment religion prohibiting free exercise thereof remarkable unlike earliest house drafts final senate proposal prevailing language limited laws respecting establishment religion national religion one religious sect specific articles faith framers repeatedly considered deliberately rejected narrow language instead extended prohibition state support religion general implicit choice distinction preferential nonpreferential establishments weight evidence suggests framers appreciated see laycock nonpreferential aid levy cf curry first freedoms particular note framers vividly familiar efforts colonies later impose general nondenominational assessments incidents ostensibly ecumenical establishments see generally levy virginia statute religious freedom written jefferson sponsored madison captured separationist response measures condemning establishments however nonpreferentialist statute broadly guaranteed man shall compelled frequent support religious worship place ministry whatsoever including act establishing religious freedom founders constitution kurland lerner eds forcing citizen support even church among things deny ministry temporary rewards proceeding approbation personal conduct additional incitement earnest unremitting labours instruction mankind general madison later added religion govt exist greater purity less mixed together letter madison livingston july founders constitution thus know framers experience underscores observation one prominent commentator confining establishment clause prohibition preferential aid requires premise framers extraordinarily bad drafters believed one thing adopted language said something substantially different repeatedly attending choice language laycock nonpreferential aid see also county allegheny american civil liberties union greater pittsburgh chapter opinion stevens must presume since conclusive evidence contrary framers embraced significance textual judgment thus balance history neither contradicts warrants reconsideration settled principle establishment clause forbids support religion general less support one religion considerations sufficient reject nonpreferentialist position one concern animates judgment many contexts including one nonpreferentialism requires distinction sectarian religious practices measure ecumenical enough pass establishment clause muster simply requiring enquiry nonpreferentialists invite courts engage comparative theology hardly imagine subject less amenable competence federal judiciary deliberately avoided possible case nicely point since nonpreferentiality prayer must judged text justice blackmun pertinently observes ante rabbi gutterman drew exhortation justly love mercy walk humbly straight king james version micah ch undefinable point similarities prayer sacred text specific religion closely identify former latter even nonpreferentialist concede breach establishment clause even micah thought sufficiently generic believers still embodies straightforwardly theistic premise rabbi prayer many americans consider religious theistic like several framers deists question rabbi gutterman plea divine advancement country political moral good thus nonpreferentialist condemn subjecting public school graduates say anglican liturgy still need explain government preference theistic nontheistic religion constitutional solve problem say state promote diversity religious views position necessarily compel government inevitably courts make wholly inappropriate judgments number religions state sponsor relative frequency sponsor fact prospect even worse madison observed criticizing religious presidential proclamations practice sponsoring religious messages tends time narrow recommendation standard predominant sect madison detached memoranda wm mary fleet ed hereinafter madison detached memoranda changed much since days madison judiciary willingly enter political arena battle centripetal force leading religious pluralism official preference faith votes ii petitioners rest argument theory whether establishment clause permits extensive nonsectarian support religion forbid state sponsor affirmations religious belief coerce neither support religion participation religious observance appreciate force arguments supporting coercion analysis clause see generally county allegheny supra opinion kennedy mcconnell coercion lost element establishment wm mary adopt reading without abandoning settled law course view text clause readily permit extratextual evidence original meaning stand unequivocally odds textual premise inherent existing precedent fundamentally reconsider course years declared invalidity many noncoercive state laws practices conveying message religious endorsement example county allegheny supra forbade prominent display nativity scene public property without contesting dissent observation creche coerced one accepting supporting whatever message proclaimed five members found display unconstitutional state endorsement christianity likewise wallace jaffree struck state law requiring moment silence public classrooms statute coerced students participate prayer manner enactment convey ed message state approval prayer activities public schools see also concurring judgment cf engel vitale power prestige financial support government placed behind particular religious belief indirect coercive pressure upon religious minorities conform prevailing officially approved religion plain purposes underlying establishment clause go much epperson arkansas invalidated state law barred teaching darwin theory evolution even though statute obviously coerce anyone support religion participate religious practice enacted singularly religious purpose see also edwards aguillard statute requiring instruction creation science endorses religion violation first amendment school dist grand rapids ball invalidated program whereby state sent public school teachers parochial schools instruct students ostensibly nonreligious matters scheme clearly coerce anyone receive subsidize religious instruction held invalid among things symbolic union church state inherent program threatens convey message state support religion students general public see also texas monthly bullock plurality opinion tax exemption benefiting religious publications effectively endorses religious belief blackmun concurring judgment exemption unconstitutional state engaged preferential support communication religious messages precedents may always drawn perfectly straight lines simply however support position showing coercion necessary successful establishment clause claim like provisions due process unreasonable searches seizures constitutional language forbidding laws respecting establishment religion pellucid virtually everyone acknowledges clause bans formal establishments religion traditional sense massive state support religion among means comprehensive schemes taxation see generally levy discussing establishments colonies early much follows framers explicit rejection simpler provisions prohibiting either establishment religion laws establishing religion favor broader ban laws respecting establishment religion see supra argue framers added word respecting simply foreclose federal interference state establishments religion see amar bill rights constitution yale language sweeps broadly madison words clause final form forbids everything like national religious establishment see madison detached memoranda incorporation forbids everything like state religious establishment cf county allegheny opinion stevens sweep broad enough madison characterized congressional provisions legislative military chaplains unconstitutional establishments madison detached memoranda see infra petitioners insist prohibition extends coercive features incident establishment easily square claim constitutional text first amendment forbids laws respecting establishment religion also prohibiting free exercise thereof yet laws coerce nonadherents support participate religion exercise county allegheny supra opinion kennedy virtually definition violate right religious free exercise see employment dept human resources smith free exercise clause government may compel affirmation religious belief citing torcaso watkins see also madison memorial remonstrance religious assessments compelling support religious establishments violates free exercise religion quoted founders constitution thus literal application coercion test render establishment clause virtual nullity petitioners counsel essentially conceded oral argument tr oral arg cases presuppose much said school dist abington distinction two clauses apparent violation free exercise clause predicated coercion establishment clause violation need attended see also laycock nonpreferential aid coercion element establishment clause establishment adds nothing free exercise one may argue framers meant establishment clause simply ornament first amendment cf curry first freedoms must reading last resort without compelling evidence contrary presume framers meant clause stand something petitioners attribute petitioners argue political setting establishment clause framed framers political practices following ratification government may constitutionally endorse religion long coerce religious conformity setting practices warrant canvassing yield evidence petitioners argument reveal degree consensus early constitutional thought raise threat stare decisis challenging presumption establishment clause adds something free exercise clause follows framers adopted religion clauses response long tradition coercive state support religion particularly form tax assessments special antipathy religious coercion exhaust hostility features incidents establishment indeed jefferson madison opposed political appropriation religion see infra even challenging hated assessments always temper rhetoric distinctions coercive noncoercive state action example madison criticized virginia general assessment bill invoked principles antithetical state efforts promote religion assessment wrote improper simply forces people donate three pence religion broadly signal persecution degrades equal rank citizens whose opinions religion bend legislative authority madison memorial remonstrance religious assessments founders constitution madison saw even without tax collector participation official endorsement religion impair religious liberty petitioners contend early presidents included religious messages inaugural thanksgiving day addresses framers meant establishment clause forbid noncoercive state endorsement religion argument ignores fact however americans today find proclamations less controversial founding generation whose published thoughts matter belie petitioners claim president jefferson example steadfastly refused issue thanksgiving proclamations kind part thought violated religion clauses letter thomas jefferson rev miller founders constitution explaining views reverend samuel miller jefferson effectively anticipated rejected petitioners position proposed recommend prescribe day fasting prayer indirectly assume authority religious exercises constitution directly precluded must meant recommendation carry authority sanctioned penalty disregard indeed fine imprisonment degree proscription perhaps public opinion emphasis original first three years office james madison also refused call days thanksgiving prayer though later amid political turmoil war four separate occasions see madison detached memoranda upon retirement essay condemning unconstitutional establishment use public money support congressional military chaplains concluded eligious proclamations executive recommending thanksgivings fasts shoots root legislative acts reviewed altho recommendations imply religious agency making part trust delegated political rulers explaining members govt sense regarded possessing advisory trust constituents religious capacities observed state necessarily freights religious messages political ones idea policy associated religion whatever mode occasion function latter assumed power omitted madison failure keep pace principles face congressional pressure erase principles admitted backsliding explained made content wartime proclamations inconsequential enough mitigate much impropriety see ibid see also letter madison livingston july founders constitution writings suggest mild variations interpretation establishment clause madison different respect rest political generation expressed much doubt constitutionality religious proclamations however suggests brand separationism stronger even embodied traditional jurisprudence characterization public subsidies legislative military chaplains unconstitutional establishments see supra page federal courts however expansive general view establishment clause upheld practices see marsh chambers legislative chaplains katcoff marsh military chaplains sure leaders young republic engaged practices separationists like jefferson madison criticized first congress hire institutional chaplains see marsh chambers supra presidents washington adams unapologetically marked days public thanksgiving prayer see cord separation church state yet face separationist dissent practices prove best framers simply share common understanding establishment clause worst like politicians raise constitutional ideals one day turn backs next indeed provisions state bills rights become madison called mere paper parchments expressions laudable sentiments observed much breach practice kurland origins religion clauses constitution wm mary omitted sometimes national constitution fared better ten years proposing first amendment congress passed alien sedition acts measures patently unconstitutional modern standards early congress political actions determinative merely relevant evidence constitutional meaning gut current first amendment doctrine make room political censor may unable know certain framers meant clause know around time ratification respectable body opinion supported considerably broader reading petitioners urge upon us consistency textual considerations enough preclude fundamentally reexamining settled law accordingly left task considering whether state practice issue violates traditional understanding clause proscriptions iii establishment clause concept neutrality recent cases invested specific content state may favor endorse either religion generally nonreligion one religion others see county allegheny texas monthly plurality opinion blackmun concurring judgment edwards aguillard school dist grand rapids wallace jaffree see also laycock formal substantive disaggregated neutrality toward religion depaul cf lemon kurtzman principle favoritism endorsement become foundation establishment clause jurisprudence ensuring religious belief irrelevant every citizen standing political community see county allegheny supra madison memorial remonstrance religious assessments founders constitution protecting religion demeaning effects governmental embrace see early republic religion govt exist greater purity less mixed together letter madison livingston july founders constitution aspiration religious liberty embodied first amendment permits standard government must remain neutral matters religion foreclose ever taking religion account state may accommodate free exercise religion relieving people generally applicable rules interfere religious callings see corporation presiding bishop church jesus christ saints amos see also sherbert verner contrary views accommodation necessarily signify official endorsement religious observance disbelief everyday life routinely accommodate religious beliefs share christian inviting orthodox jew lunch might take pains choose kosher restaurant atheist hurry might yield right way amish man steering carriage acting express respect endorsement fundamental values others act without expressing position theological merit values religious belief general one perceives us taken position government may act likewise religions encourage devotional practices crucial lives believers idiosyncratic eyes nonadherents definition secular rules general application drawn nonadherent vantage consequently fail take practices account yet enforcement rules cuts across religious sensibilities often puts affected choice taking sides god government circumstances accommodating religion reveals nothing beyond recognition general rules unnecessarily offend religious conscience offend conscience secular society cf welsh plurality opinion thus freeing native american church federal laws forbidding peyote use see drug enforcement administration miscellaneous exemptions cfr government conveys endorsement peyote rituals church religion simply respects centrality peyote lives certain americans see note free exercise boundaries permissible accommodation establishment clause yale whatever else may define scope accommodation permissible establishment clause one requirement clear accommodation must lift discernible burden free exercise religion see county allegheny supra concurring part concurring judgment corporation presiding bishop supra concurring judgment see also texas monthly supra plurality opinion wallace jaffree supra see county allegheny supra kennedy concurring judgment part dissenting part concern position religious individuals modern regulatory state justify official solicitude religious practice unburdened general rules gratuitous largesse effectively favor religion disbelief lights one easily sees sponsoring graduation prayers issue state crossed line permissible accommodation unconstitutional establishment religious students complain omitting prayers graduation ceremony realistic sense burden spiritual callings sure many invest rite passage spiritual significance may express religious feelings ceremony may even organize privately sponsored baccalaureate desire company students accordingly need machinery state affirm beliefs government sponsorship prayer graduation ceremony reasonably understood official endorsement religion instance theistic religion one may fairly say one commentator suggested government brought prayer ceremony precisely people want symbolic affirmation government approves endorses religion many people want affirmation place little value costs religious minorities laycock summary synthesis crisis religious liberty geo petitioners deflect conclusion arguing graduation prayers different presidential religious proclamations similar official acknowledgments religion public life religious invocations thanksgiving day addresses like rarely noticed ignored without effort conveyed impersonal medium directed one particular inhabit pallid zone worlds apart official prayers delivered captive audience public school students families madison respected difference trivial serious constitutional practice realizing contemporaries unlikely take establishment clause seriously enough forgo legislative chaplainship suggested ather let step beyond landmarks power effect legitimate precedent better apply legal aphorism de minimis non curat lex madison detached memoranda see also letter madison livingston july founders constitution logic permits winking practice question public school officials armed state authority convey endorsement religion students strike near core establishment clause however ceremonial messages may flatly unconstitutional cf larson valente subjecting discrimination certain religious organizations test strict scrutiny commentators suggested targeting laws respecting establishment religion framers adopted nonpreferentialist position whose much clearer articulation repeatedly rejected see cord separation church state yet indefinite article word establishment better seen evidence clause forbids kind establishment including nonpreferential one framers wished reason use indefinite term achieve narrow meaning clause far aptly placed word religion see laycock non preferential aid religion false claim original intent wm mary hereinafter laycock nonpreferential aid dissent wallace jaffree chief justice rested nonpreferentialist interpretation partly actions early national government aside willingness early presidents issue ceremonial religious proclamations worst trivial breaches establishment clause see infra cited seemingly preferential aid treaty provision signed jefferson authorizing federal subsidization roman catholic priest church kaskaskia indians proves much establishment clause permits special appropriation tax money religious activities particular sect forbids virtually nothing see laycock nonpreferential aid although evidence historical practice indeed furnish valuable aid interpretation contemporary language acts like one question prove public officials matter serve turn blind eye constitutional principle see infra everson board ed ewing unanimously incorporated establishment clause due process clause fourteenth amendment extended reach actions see also cantwell connecticut dictum since one member proposed disincorporating clause petitioners claim quoted passage shows jefferson regarded thanksgiving proclamations coercive thus one may disagree jefferson view recommendatory thanksgiving proclamation nonetheless coercive one disagree jefferson believed coercion necessary element first amendment violation brief petitioners wordplay proscription jefferson referred course public government whose action noncoercive recommendation one call act endorsement form coercion one willing dilute meaning coercion meaning left jefferson position straightforwardly contradicts claim showing coercion normal definition prerequisite successful establishment clause claim time jefferson practice like madison see infra page sometimes diverged principle include religious references inaugural speeches see inaugural addresses presidents see also supra petitioners also seek comfort different passage letter jefferson argued presidential religious proclamations violate establishment clause also tenth amendment might right state government violation right assumed another letter thomas jefferson rev miller founders constitution kurland lerner eds jefferson however restrict tenth amendment condemning proclamations national officer event understand petitioners arguing establishment clause exclusively structural provision mediating respective powers state national governments position entail argument petitioners make almost certainly reject incorporation establishment clause fourteenth amendment erroneous madison found practice palpable violation constitutional principles madison detached memoranda although sat committee recommending congressional chaplainship see cord separation church state historical fact current fiction later insisted approbation deviation immunity religion civil jurisdiction took place appointed chaplains paid natl treasury letter madison livingston july founders constitution see thomas review bd indiana employment security rehnquist dissenting choper religion clauses first amendment reconciling conflict see also walz tax new york city sherbert verner stewart concurring result cf wallace jaffree concurring judgment state chosen graduation day speakers according wholly secular criteria one speakers state actor individually chosen deliver religious message harder attribute endorsement religion state cf witters washington dept services blind case case state without singling religious groups individuals extended benefits members broad class beneficiaries defined clearly secular criteria see widmar vincent walz supra opinion harlan particular case critical question whether circumference legislation encircles class broad fairly concluded religious institutions thought fall within natural perimeter finally case like marsh chambers government officials invoke spiritual inspiration entirely benefit without directing religious message citizens lead justice scalia chief justice justice white justice thomas join dissenting three terms ago joined opinion recognizing establishment clause must construed light overnment policies accommodation acknowledgment support religion accepted part political cultural heritage opinion affirmed meaning clause determined reference historical practices understandings said test implementing protections establishment clause applied consistency invalidate longstanding traditions proper reading clause county allegheny american civil liberties union greater pittsburgh chapter kennedy concurring judgment part dissenting part views course prevent joining today opinion conspicuously bereft reference history holding establishment clause prohibits invocations benedictions public school graduation ceremonies nary mention lays waste tradition old public school graduation ceremonies component even longstanding american tradition nonsectarian prayer god public celebrations generally instrument destruction bulldozer social engineering invents boundless boundlessly manipulable test psychological coercion promises establishment clause durham rule insanity defense see durham app today opinion shows forcefully volumes argumentation nation protection fortress constitution possibly rest upon changeable philosophical predilections justices must deep foundations historic practices people justice holmes aphorism page history worth volume logic new york trust eisner applies particular force establishment clause jurisprudence recognized interpretation establishment clause compor history reveals contemporaneous understanding guarantees lynch donnelly line must draw permissible impermissible one accords history faithfully reflects understanding founding fathers school dist abington schempp brennan concurring istorical evidence sheds light draftsmen intended establishment clause mean also thought clause applied contemporaneous practices marsh chambers thus existence beginning nation life practice conclusive constitutionality fact considerable import interpretation establishment clause walz tax new york city brennan concurring history tradition nation replete public ceremonies featuring prayers thanksgiving petition illustrations point amply provided prior opinions see lynch supra marsh supra see also wallace jaffree rehnquist dissenting engel vitale stewart dissenting since oblivious history suggest constitution restricts preservation transmission religious beliefs private sphere ante appears necessary provide another brief account nation origin prayer prominent part governmental ceremonies proclamations declaration independence document marking birth separate people appeal ed judge world rectitude intentions avowed firm reliance protection divine providence first inaugural address swearing oath office bible george washington deliberately made prayer part first official act president peculiarly improper omit first official act fervent supplications almighty rules universe presides councils nations whose providential aids supply every human defect benediction may consecrate liberties happiness people government instituted essential purposes inaugural addresses presidents doc shall need favor whose hands led fathers israel old native land planted country flowing necessaries comforts life covered infancy providence riper years wisdom power whose goodness ask join supplications enlighten minds servants guide councils prosper measures whatsoever shall result good shall secure peace friendship approbation nations guardianship guidance almighty whose power regulates destiny nations whose blessings conspicuously dispensed rising republic bound address devout gratitude past well fervent supplications best hopes future national celebration thanksgiving likewise dates back president washington recounted lynch day first amendment proposed congress urged president washington proclaim day public thanksgiving prayer observed acknowledging grateful hearts many signal favours almighty god president washington proclaimed november day thanksgiving offe prayers supplications great lord ruler nations beseech pardon national transgressions citations omitted two branches federal government also practice prayer public events detailed marsh congressional sessions opened chaplain prayer ever since first congress sessions opened invocation god save honorable since days chief justice marshall warren history addition general tradition prayer public ceremonies exists specific tradition invocations benedictions public school graduation exercises one account first public high school graduation ceremony took place connecticut july month happens fourteenth amendment vehicle establishment clause applied ratified seniors norwich free academy marched best sunday suits dresses church hall waited majestic music long prayers brodinsky commencement rites obsolete week study shows updating school board policies apr obliquely acknowledges describing customary features high school graduations ante respondents contest invocation benediction long recognized traditional parts school graduation program widely established mckown commencement activities see also brodinsky supra ii presumably separate graduation invocations benedictions instances public preservation transmission religious beliefs ground involve psychological coercion find sufficient embarrassment establishment clause jurisprudence regarding holiday displays see county allegheny american civil liberties union greater pittsburgh chapter come requir scrutiny commonly associated interior decorators judiciary american jewish congress chicago ca easterbrook dissenting interior decorating science compared psychology practiced amateurs citations esearch psychology particular bearing upon precise issue ante disguise fact gone beyond realm judges know argument state officials coerced students take part invocation benediction graduation ceremonies put fine point incoherent identifies two dominant facts says dictate ruling invocations benedictions public school graduation ceremonies violate establishment clause ante neither relevant sense true declares students attendance participation invocation benediction fair real sense obligatory ibid exactly fair real sense according students graduation want avoid fact appearance participation ante invocation benediction psychologically obligated public pressure well peer pressure stand group least maintain respectful silence prayers ante assertion linchpin opinion almost intriguing say says say example students psychologically coerced bow heads place hands prayer position pay attention prayers utter amen fact pray perhaps intensive psychological research remains done matters claims students psychologically coerced stand least maintain respectful silence ibid emphasis added halves disjunctive must amount fact appearance participation prayer analysis survive terms merit particular attention begin latter notion student simply sits respectful silence invocation benediction others standing somehow joined somehow perceived joined prayers nothing short ludicrous indeed live vulgar age surely social conventions coarsened point anyone stand chair shout obscenities reasonably deemed assented everything said presence since dispute students exposed prayer graduation ceremonies retain despite subtle coercive pressures ante free sit cf ante absolutely basis decision fanciful enough say reasonable dissenter standing head erect class bowed heads believe group exercise signified participation approval ibid beyond absurd say entertain belief pointedly declining rise let us assume worst nonparticipating graduate subtly coerced stand even half disjunctive remotely establish participation appearance participation religious exercise acknowledges culture standing signify adherence view simple respect views others ibid much often latter former think except perhaps proverbial town meeting one votes standing permissible inference one standing simply respect prayers others progress possibly said reasonable dissenter believe group exercise signified participation approval quite obviously may add moreover maintaining respect religious observances others fundamental civic virtue government including public schools cultivate even case displaying respect might mistaken taking part prayer deny dissenter interest avoiding even false appearance participation constitutionally trumps government interest fostering respect religion generally opinion manifests given careful consideration test psychological coercion observe hint concern disapproval students stood pledge allegiance immediately preceded rabbi gutterman invocation ante government course coerce political orthodoxy religious orthodoxy west virginia bd ed barnette moreover since pledge allegiance revised since barnette include phrase god recital pledge appear raise establishment clause issue invocation benediction students psychologically coerced remain standing invocation must also psychologically coerced moments stand thereby view take part appear take part pledge must pledge therefore barred public schools graduation ceremonies classroom barnette held public school student compelled recite pledge even hint compelled observe respectful silence indeed even stand respectful silence wished recite logically next project bulldozer also find odd concludes high school graduates may subjected supposed psychological coercion yet refrains addressing whether mature adults may ante thought reason graduation high school regarded significant event generally associated transition adolescence young adulthood many graduating seniors course old enough vote treat though soon jurisprudence distinguishes mature immature adults dominant fac identified tate officials direct performance formal religious exercise school graduation ceremonies ante direct ing performance formal religious exercise sound liturgy summoning images principal directing acolytes carry cross showing rabbi unroll torah professing engaged delicate ante better describe means prescribing content invocation benediction even false record shows principals providence public schools acting within delegated authority invited clergy deliver invocations benedictions graduations principal lee invited rabbi gutterman provided pamphlet prepared national conference christians jews giving general advice inclusive prayer civic occasions advised prayers graduation nonsectarian facts fairly transformed charges principal lee directed controlled content rabbi gutterman prayer ante school officials monitor prayer ante attempted compose official prayers ante government involvement religious activity case pervasive ante difficult fathom identifies nothing record remotely suggesting school officials ever drafted edited screened censored graduation prayers rabbi gutterman mouthpiece school officials distortions record course harmless error without solemn assertion school officials reasonably perceived enforc ing religious orthodoxy ante ring hollow iii deeper flaw opinion lie wrong answer question whether coercion lies rather making violation establishment clause hinge precious question coercion hallmark historical establishments religion coercion religious orthodoxy financial support force law threat penalty typically attendance state church required clergy official church lawfully perform sacraments dissenters tolerated faced array civil disabilities levy establishment clause thus example colony virginia church england established ministers required law conform doctrine rites church england persons required attend church observe sabbath tithed public support anglican ministers taxed costs building repairing churches establishment clause adopted prohibit establishment religion federal level protect state establishments religion federal interference acknowledge sake argument scholars argued term establishment acquired additional meaning financial support religion generally public taxation reflected development general multiple establishments limited single church still establishment coerced force law concede constitutional tradition declaration independence first inaugural address washington quoted earlier present day aberrations see church holy trinity ruled order endorsement religion even legal coercion present indeed even ersatz present endorsement sectarian sense specifying details upon men women believe benevolent omnipotent creator ruler world known differ example divinity christ simply support proposition officially sponsored nondenominational invocation benediction read rabbi gutterman one legally coerced recite violated constitution contrary characteristically american come pen george washington abraham lincoln thus quarrel general proposition establishment clause guarantees government may coerce anyone support participate religion exercise ante see warrant expanding concept coercion beyond acts backed threat penalty brand coercion happily readily discernible us made career reading disciples blackstone rather freud framers indeed opposed coercion religious worship national government sponsorship nonsectarian prayer public events demonstrates understood peech coercive listener may likes american jewish congress chicago easterbrook dissenting historical discussion places revealing perspective extravagant claim state practical purposes ante every practical sense ante compelled students participate prayers graduation beyond fact stipulated parties attendance graduation voluntary nothing record indicate failure attending students take part invocation benediction subject penalty discipline contrast example facts barnette schoolchildren required law recite pledge allegiance failure resulted expulsion threatened expelled child prospect sent reformatory criminally inclined juveniles subjected parents prosecution incarceration causing delinquency characterize subtle coercive pressures ante allegedly present practical equivalent legal sanctions barnette well let say delicate analysis relies school prayer cases engel vitale school dist abington schempp ante whatever merit cases support much less compel psychojourney first place engel schempp constitute exception rule distilled historical practice public ceremonies may include prayer see supra rather simply fall within scope rule obvious reason school instruction public ceremony second made clear understanding school prayer occurs within framework legal coercion attend school coercion threat penalty provides ultimate backdrop schempp example emphasized prayers prescribed part curricular activities students required law attend school emphasis added engel suggestion school prayer program issue permitted students remain silent excused room involved indirect coercive pressure understood backdrop legal coercion question whether procedure engel sufficed dispel coercion resulting mandatory attendance requirement quite different question whether forbidden coercion exists environment utterly devoid legal compulsion finally school prayer cases turn part fact classroom inherently instructional setting daily prayer parents present counter students emulation teachers role models children susceptibility peer pressure edwards aguillard might thought raise special concerns regarding state interference liberty parents direct religious upbringing children families entrust public schools education children condition trust understanding classroom purposely used advance religious views may conflict private beliefs student family ibid see pierce society sisters voluntary prayer graduation ceremony parents friends relatives present hardly thought raise concerns iv religion clause jurisprudence become bedeviled speak reliance formulaic abstractions derived positively conflict constitutional traditions foremost among lemon test see lemon kurtzman received criticism many members see county allegheny opinion kennedy edwards aguillard supra scalia dissenting wallace jaffree rehnquist dissenting aguilar felton dissenting roemer board pub works white concurring judgment today demonstrates irrelevance lemon essentially ignoring see ante interment case may one happy byproduct otherwise lamentable decision unfortunately however replaced lemon test suffers double disability roots whatever people historic practice infinitely expandable reasons psychotherapy another happy aspect case jurisprudential disaster practical one given odd basis decision invocations benedictions able given public school graduations next june past century half long school authorities make clear anyone abstains screaming protest necessarily participate prayers seemingly needed announcement perhaps written insertion beginning graduation program effect asked rise invocation benediction none compelled join assumed rising done obvious fact recited graduates parents may proceed thank god americans always done blessings generously bestowed country narrow context present case involves community celebration one milestones young citizens lives bold step seek banish occasion thousands similar celebrations throughout land expression gratitude god majority community wishes make issue us today abstract philosophical question whether alternative frustrating desire religious majority preferred alternative imposing psychological coercion feeling exclusion upon nonbelievers rather question whether mandatory choice favor former imposed constitution practices people show answer question doubt must add one final observation founders republic knew fearsome potential sectarian religious belief generate civil dissension civil strife also knew nothing absolutely nothing inclined foster among religious believers various faiths toleration affection one another voluntarily joining prayer together god worship seek needless say one compelled shame deprive public culture opportunity indeed encouragement people voluntarily baptist catholic heard joined simple inspiring prayers rabbi gutterman official patriotic occasion inoculated religious bigotry prejudice manner replicated deprive society important unifying mechanism order spare nonbeliever seems minimal inconvenience standing even sitting respectful nonparticipation senseless policy unsupported law foregoing reasons dissent