abington school dist schempp argued decided june together murray et al curlett et constituting board school commissioners baltimore city certiorari appeals maryland argued february prohibition first amendment enactment congress law respecting establishment religion made applicable fourteenth amendment state law school board may require passages bible read lord prayer recited public schools state beginning school day even individual students may excused attending participating exercises upon written request parents pp supp affirmed md reversed john killian iii deputy attorney general pennsylvania philip ward iii argued cause appellants brief david stahl attorney general pennsylvania percival rieder brewster rhoads henry sawyer iii argued cause appellees brief wayland elsbree leonard kerpelman argued cause filed brief petitioners francis burch george baker argued cause respondents brief nelson seidman philip altfeld thomas finan attorney general maryland argued cause state maryland amicus curiae urging affirmance brief james garland robert sweeney assistant attorneys general maryland richmond flowers attorney general alabama robert pickrell attorney general arizona bruce bennett attorney general arkansas richard ervin attorney general florida eugene cook attorney general georgia allan shepard attorney general idaho william ferguson attorney general kansas jack gremillion attorney general louisiana frank hancock attorney general maine joe patterson attorney general mississippi william maynard attorney general new hampshire arthur sills attorney general new jersey earl hartley attorney general new mexico thomas wade bruton attorney general north carolina joseph nugent attorney general rhode island daniel mcleod attorney general south carolina frank farrar attorney general south dakota george mccanless attorney general tennessee joined brief behalf respective amici curiae briefs amici curiae urging affirmance reversal filed morris abram edwin lukas burnett roth arnold forster paul hartman theodore leskes sol rabkin american jewish committee et al leo pfeffer lewis weinstein albert wald shad polier samuel lawrence brennglass theodore mann synagogue council america et al herbert wolff leo rosen morris ernst nancy wechsler american ethical union justice clark delivered opinion called upon consider scope provision first amendment constitution declares congress shall make law respecting establishment religion prohibiting free exercise thereof companion cases present issues context state action requiring schools begin day readings bible raising basic questions slightly different factual situations cases permit joint treatment light history first amendment cases interpreting applying requirements hold practices issue laws requiring unconstitutional establishment clause applied fourteenth amendment facts case commonwealth pennsylvania law stat amended pub law supp requires least ten verses holy bible shall read without comment opening public school school day child shall excused bible reading attending bible reading upon written request parent guardian schempp family husband wife two three children brought suit enjoin enforcement statute contending rights fourteenth amendment constitution continue violated unless statute declared unconstitutional violative provisions first amendment sought enjoin appellant school district wherein schempp children attend school officers superintendent public instruction commonwealth continuing conduct readings recitation lord prayer public schools district pursuant statute statutory district eastern district pennsylvania held statute violative establishment clause first amendment applied due process clause fourteenth amendment directed appropriate injunctive relief issue supp appeal district officials superintendent noted probable jurisdiction appellees edward lewis schempp wife sidney children roger donna unitarian faith members unitarian church germantown philadelphia pennsylvania well another son ellory regularly attend religious services latter originally party graduated school system pendente lite voluntarily dismissed action children attend abington senior high school public school operated appellant district school day abington senior high school pupils attending home rooms advisory sections opening exercises conducted pursuant statute exercises broadcast room school building intercommunications system conducted supervision teacher students attending school radio television workshop selected students course gather morning school workshop studio exercises include readings one students verses holy bible broadcast room building followed recitation lord prayer likewise intercommunications system also students various classrooms asked stand join repeating prayer unison exercises closed flag salute pertinent announcements interest students participation opening exercises directed statute voluntary student reading verses bible may select passages read version chooses although copies furnished school king james version copies circulated teacher school district period exercises conducted king james douay revised standard versions bible used well jewish holy scriptures prefatory statements questions asked solicited comments explanations made interpretations given exercises students parents advised student may absent classroom elect remain participate exercises appears record schools intercommunications system bible reading recitation lord prayer conducted teacher chose text verses read students read rotation volunteers followed standing recitation lord prayer together pledge allegiance flag class unison closing announcement routine school items interest first trial edward schempp children testified specific religious doctrines purveyed literal reading bible contrary religious beliefs held familial teaching supp children testified doctrines referred read various times part exercises edward schempp testified second trial considered roger donna excused attendance exercises decided several reasons including belief children relationships teachers classmates adversely affected expert testimony introduced appellants appellees first trial testimony summarized trial follows solomon grayzel testified marked differences jewish holy scriptures christian holy bible obvious absence new testament jewish holy scriptures grayzel testified portions new testament offensive jewish tradition standpoint jewish faith concept jesus christ son god practically blasphemous cited instances new testament assertedly sectarian nature tended bring jews ridicule scorn grayzel gave expert opinion material new testament explained jewish children way harm portions new testament read without explanation specific experience children grayzel observed psychologically harmful child caused divisive force within social media school grayzel also testified significant difference attitude regard respective books jewish christian religions judaism attaches special significance reading bible per se jewish holy scriptures source materials studied grayzel state many portions new well old testament contained passages great literary moral value luther weigle expert witness defense testified detail reasons methods employed developing king james revised standard versions bible direct examination weigle stated bible later stated phrase meant within christian faiths weigle stated definition holy bible include jewish holy scriptures also stated holy bible complete without new testament stated new testament conveyed message christians opinion reading holy scriptures exclusion new testament sectarian practice weigle stated bible great moral historical literary value conceded parties also view supp reading verses even without comment possesses devotional religious character constitutes effect religious observance devotional religious nature morning exercises made apparent fact bible reading followed immediately recital unison pupils lord prayer fact pupils theoretically pupils might excused attendance exercises mitigate obligatory nature ceremony section unequivocally requires exercises held every school day every school commonwealth exercises held school buildings perforce conducted authority local school authorities school sessions since statute requires reading holy bible christian document practice prefers christian religion record demonstrates intention commonwealth introduce religious ceremony public schools commonwealth threatens religious liberty placing premium belief subjects freedom conscience rule majority pronounces belief god source moral spiritual values equating values religious values thereby renders sinister alien suspect beliefs ideals petitioners promoting doubt question morality good citizenship good faith ii true religion closely identified history government said engel vitale history man inseparable history religion since beginning history many people devoutly believed things wrought prayer world dreams zorach clauson gave specific recognition proposition religious people whose institutions presuppose fact founding fathers believed devotedly god unalienable rights man rooted clearly evidenced writings mayflower compact constitution background evidenced today public life continuance oaths office presidency alderman final supplication help god likewise house congress provides chaplain opening prayer sessions declared open crier short ceremony final phrase invokes grace god manifestations military forces citizens restrictions military service wish engage voluntary worship indeed last year official survey country indicated people church membership bureau census department commerce statistical abstract ed less profess religion whatever truly said therefore today beginning national life reflects religious people words madison earnestly praying duty bound lawgiver universe guide every measure may worthy blessing memorial remonstrance religious assessments quoted everson board education appendix dissenting opinion rutledge say however religion identified history government religious freedom likewise strongly imbedded public private life nothing telling personal experiences religious persecution suffered forebears see everson board education supra planted belief liberty religious opinion deeply heritage true liberty frequently realized colonists readily accountable close ties mother country however views madison jefferson preceded roger williams came incorporated federal constitution likewise freedom worship indispensable country whose people came four quarters earth brought diversity religious opinion today authorities list separate religious bodies membership exceeding existing among people well innumerable smaller groups bureau census op supra iii almost hundred years ago minor board education cincinnati judge alphonso taft father revered chief justice unpublished opinion stated ideal people religious freedom one absolute equality law religious opinions sects government neutral protecting prefers none disparages none first decisively settled first amendment mandate congress shall make law respecting establishment religion prohibiting free exercise thereof made wholly applicable fourteenth amendment years ago cantwell connecticut justice roberts said fundamental concept liberty embodied fourteenth amendment embraces liberties guaranteed first amendment first amendment declares congress shall make law respecting establishment religion prohibiting free exercise thereof fourteenth amendment rendered legislatures incompetent congress enact laws second rejected unequivocally contention establishment clause forbids governmental preference one religion another almost years ago everson supra said either state federal government set church neither pass laws aid one religion aid religions prefer one religion another justice jackson dissenting agreed answer proposition effect religious freedom amendment constitution take every form propagation religion realm things directly indirectly made public business thereby supported whole part taxpayers expense freedom first bill rights first forefathers minds set forth absolute terms strength rigidity first amendment purpose strike merely official establishment single sect creed religion outlawing formal relation prevailed england colonies necessarily uproot relationships object broader separating church state narrow sense create complete permanent separation spheres religious activity civil authority comprehensively forbidding every form public aid support religion none parties either cases questioned basic conclusions long established recognized consistently reaffirmed others continue question history logic efficacy contentions light consistent interpretation cases seem entirely untenable value academic exercises iv interrelationship establishment free exercise clauses first touched upon justice roberts cantwell connecticut supra said inhibition legislation double aspect one hand forestalls compulsion law acceptance creed practice form worship freedom conscience freedom adhere religious organization form worship individual may choose restricted law hand safeguards free exercise chosen form religion thus amendment embraces two concepts freedom believe freedom act first absolute nature things second requires state neutral relations groups religious believers require state adversary state power used handicap religions favor premise secular education isolated religious teaching school inculcate needed temporal knowledge also maintain strict lofty neutrality religion assumption individual instructed worldly wisdom better fitted choose religion constitutional policy deny value necessity religious training teaching observance rather secures free exercise end deny state undertake sustain form degree reason sphere religious activity distinguished secular intellectual liberties given twofold protection state forbid neither perform aid performing religious function dual prohibition makes function altogether private constitution prohibited government common becoming embroiled however innocently destructive religious conflicts history even country records dark pages slightest doubt first amendment reflects philosophy church state separated far interference free exercise religion establishment religion concerned separation must complete unequivocal first amendment within scope coverage permits exception prohibition absolute first amendment however say every respects shall separation church state rather studiously defines manner specific ways shall concert union dependency one common sense matter first amendment final form simply bar congressional enactment establishing church forbade laws respecting establishment religion thus given amendment broad interpretation light history evils designed forever suppress repeat reaffirm neither state federal government constitutionally force person profess belief disbelief religion neither constitutionally pass laws impose requirements aid religions neither aid religions based belief existence god religions founded different beliefs although two clauses may certain instances overlap forbid two quite different kinds governmental encroachment upon religious freedom establishment clause unlike free exercise clause depend upon showing direct governmental compulsion violated enactment laws establish official religion whether laws operate directly coerce individuals say course laws officially prescribing particular form religious worship involve coercion individuals power prestige financial support government placed behind particular religious belief indirect coercive pressure upon religious minorities conform prevailing officially approved religion plain wholesome neutrality cases speak thus stems recognition teachings history powerful sects groups might bring fusion governmental religious functions concert dependency one upon end official support state federal government placed behind tenets one orthodoxies establishment clause prohibits reason neutrality found free exercise clause recognizes value religious training teaching observance particularly right every person freely choose course reference thereto free compulsion state free exercise clause guarantees thus seen two clauses may overlap indicated 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 say withstand strictures establishment clause must secular legislative purpose primary effect neither advances inhibits religion everson board education supra mcgowan maryland supra free exercise clause likewise considered many times withdraws legislative power state federal exertion restraint free exercise religion purpose secure religious liberty individual prohibiting invasions thereof civil authority hence necessary free exercise case one show coercive effect enactment operates practice religion distinction two clauses apparent violation free exercise clause predicated coercion establishment clause violation need attended applying establishment clause principles cases bar find requiring selection reading opening school day verses holy bible recitation lord prayer students unison exercises prescribed part curricular activities students required law attend school held school buildings supervision participation teachers employed schools none factors compulsory school attendance present program upheld zorach clauson trial found opening exercise religious ceremony intended state agree trial finding religious character exercises given finding exercises law requiring violation establishment clause specific finding religious character exercises state contends state program effort extend benefits public school children without regard religious belief included within secular purposes says promotion moral values contradiction materialistic trends times perpetuation institutions teaching literature case came demurrer course petition alleged uniform practice rule read king james version bible exercise sectarian short answer therefore religious character exercise admitted state even purpose strictly religious sought accomplished readings without comment bible surely place bible instrument religion gainsaid state recognition pervading religious character ceremony evident rule specific permission alternative use catholic douay version well recent amendment permitting nonattendance exercises none factors consistent contention bible used either instrument nonreligious moral inspiration reference teaching secular subjects conclusion follows cases laws require religious exercises exercises conducted direct violation rights appellees petitioners required exercises mitigated fact individual students may absent upon parental request fact furnishes defense claim unconstitutionality establishment clause see engel vitale supra defense urge religious practices may relatively minor encroachments first amendment breach neutrality today trickling stream may soon become raging torrent words madison proper take alarm first experiment liberties memorial remonstrance religious assessments quoted everson supra insisted unless religious exercises permitted religion secularism established schools agree course state may establish religion secularism sense affirmatively opposing showing hostility religion thus preferring believe religion believe zorach clauson supra agree however decision sense effect addition might well said one education complete without study comparative religion history religion relationship advancement civilization certainly may said bible worthy study literary historic qualities nothing said indicates study bible religion presented objectively part secular program education may effected consistently first amendment exercises fall categories religious exercises required violation command first amendment government maintain strict neutrality neither aiding opposing religion finally accept concept neutrality permit state require religious exercise even consent majority affected collides majority right free exercise religion free exercise clause clearly prohibits use state action deny rights free exercise anyone never meant majority use machinery state practice beliefs contention effectively answered justice jackson west virginia board education barnette purpose bill rights withdraw certain subjects vicissitudes political controversy place beyond reach majorities officials establish legal principles applied courts one right freedom worship fundamental rights may submitted vote depend outcome elections ordered footnotes statute amended imposes penalty upon teacher refusing obey mandate however remains seen whether one refusing contract employment terminated wilful violation school laws stat supp trial summarized testimony follows edward schempp children father testified careful consideration decided roger donna excused attendance morning ceremonies among reasons following said thought children labeled odd balls teachers classmates every school day children like roger donna classmates liable lump particular religious difference religious objections together atheism today word atheism often connected atheistic communism bad connotations overtones possible immorality schempp pointed due events morning exercises following rapid succession bible reading lord prayer flag salute announcements excusing children bible reading mean probably miss hearing announcements important children testified also roger donna excused bible reading stand hall outside homeroom carried imputation punishment bad conduct rule amended provides follows opening exercises school either collectively classes shall opened reading without comment chapter holy bible use lord prayer douay version may used pupils prefer appropriate patriotic exercises held part general opening exercise school class child shall excused participating opening exercises attending opening exercises upon written request parent guardian established churches least eight original colonies various degrees religious support others late revolutionary war see engel vitale supra goes many ship sea many hundred souls one ship whose weal woe common true picture commonwealth human combination society hath fallen sometimes papists protestants jews turks may embarked one ship upon supposal affirm liberty conscience ever pleaded turns upon two hinges none papists protestants jews turks forced come ship prayers worship compelled particular prayers worship practice superior cincinnati february opinion reported published title bible common schools cincinnati robert clarke judge taft views expressed dissent prevailed appeal see board education cincinnati minor ohio ohio held great bulk human affairs human interests left free government individual enterprise individual action religion eminently one interests lying outside true legitimate province government application clauses first amendment obtained even cantwell almost years ago opinion gitlow new york justice sanford said present purposes may assume freedom speech press protected first amendment abridgment congress among fundamental personal rights liberties protected due process clause fourteenth amendment impairment goes without saying laws practices involved challenged persons standing complain requirements standing challenge state action establishment clause unlike relating free exercise clause include proof particular religious freedoms infringed mcgowan maryland supra parties school children parents directly affected laws practices complaints directed interests surely suffice give parties standing complain see engel vitale supra cf mccollum board education supra everson board education supra compare doremus board education involved substantive issues presented appeal dismissed upon graduation school child involved appellants failure establish standing taxpayers course presented therefore pass upon situation military service government regulates temporal geographic environment individuals point unless permits voluntary religious services conducted use government facilities military personnel unable engage practice faiths justice douglas concurring join opinion add words explanation free exercise clause first amendment written terms state may require individual establishment clause serving goal individual religious freedom written different terms establishment religion achieved several ways church state one church may control state state may control church relationship may take one several possible forms working arrangement two bodies arrangements church typically place state budget church law usually governs matters baptism marriage divorce separation least members sometimes entire body politic education usually high priority list church interests past schools often made exclusive responsibility church today countries state runs public schools compulsory religious exercises often required students thus agreement franco made holy see came power spain church regained place national budget insists baptizing children made catechism obligatory state schools vice arrangements establishment clause state lending assistance church efforts gain keep adherents first amendment strictly matter individual church church belong much support way belief time activity money give pure religious liberty declared forms relationships fundamental idea oppressions conscience abridgments liberty god nature conferred every living soul cases coercive religious exercise aimed making students conform prayers announced compulsory though may think indirect effect nonconformist student may induced participate fear called oddball coercion present shown vices present regimes different regimes violate establishment clause two different ways case state conducting religious exercise holds done without violating neutrality required state balance power individual church state struck first amendment establishment clause limited precluding state conducting religious exercises also forbids state employ facilities funds way gives church churches greater strength society relying members alone thus present regimes must fall clause additional reason public funds though small amount used promote religious exercise mechanism state people required finance religious exercise people want violates sensibilities others effective way establish institution finance truth reflected appeals church groups public funds finance religious schools financing church either strictly religious activities activities equally unconstitutional understand establishment clause budgets one activity may technically separable budgets others institution inseparable whole living organism strengthened proselytizing strengthened department contributions members contributions may made state even minor degree without violating establishment clause amount public funds expended case illustrates use public funds put controlling first amendment say forms establishment allowed says law respecting establishment religion shall made may done directly may done indirectly lest establishment clause become mockery see bates religious liberty inquiry cobb religious liberty america cc iv gledhill pakistan development laws constitution british commonwealth keller church state european continent pfeffer church state freedom stokes church state see iii stokes op supra bates op supra gledhill op supra rackman israel emerging constitution drinan religious freedom israel america apr see ii stokes op supra boles bible religion public schools ed rackman op supra engel case swiss perspective rev freund muslim education west pakistan religious education bates op supra pfeffer op supra thomas balance forces spain foreign affairs cobb op supra see ii stokes op supra see accountants handbook ed justice brennan concurring almost century half ago john marshall maryland enjoined must never forget constitution expounding wheat historic duty expound meaning constitution encountered issues intricate demanding relationship religion public schools since undoubtedly religious people whose institutions presuppose zorach clauson deep feelings aroused aspects relationship claimed violate injunction first amendment government may make law respecting establishment religion prohibiting free exercise thereof americans regard public schools vital civic institution preservation democratic system government therefore understandable constitutional prohibitions encounter severest test sought applied school classroom nevertheless inescapable duty declare whether exercises public schools pennsylvania maryland questioned involvements religion public institutions kind offends first fourteenth amendments john locke ventured esteem things necessary distinguish exactly business civil government religion settle bounds lie one anticipated necessity thought framers require adoption first amendment difficulty experienced defining bounds fact line separates secular sectarian american life elusive difficulty defining boundary precision inheres paradox central scheme liberty institutions reflect firm conviction religious people institutions solemn constitutional injunction may officially involve religion way prefer discriminate oppress particular sect religion equally constitution enjoins involvements religious secular institutions serve essentially religious activities religious institutions employ organs government essentially religious purposes use essentially religious means serve governmental ends secular means suffice constitutional mandate expresses deliberate considered judgment matters left conscience citizen declares basic postulate relation citizen government rights conscience nature peculiar delicacy little bear gentlest touch governmental hand join fully opinion judgment see escape conclusion exercises called question two cases violate constitutional mandate reasons gave last term engle vitale finding new york regents prayer impermissible establishment religion compel judgment practices bar involvement secular religious less intimate constitutionally irrelevant state composed material inspirational exercises presently involved unnecessary observe holding declare first amendment manifests hostility practice teaching religion applies prohibitions incorporated bill rights recognition historic needs shared church state alike view every involvement religion public life unconstitutional consider exercises bar form involvement clearly violates establishment clause importance issue deep conviction views sides held seem justify detailing length reasons joining judgment opinion first amendment forbids abridgment free exercise religion enactment laws respecting establishment religion two clauses although distinct objectives applicability emerged together common panorama history inclusion restraints upon power congress legislate concerning religious matters shows unmistakably framers first amendment content rest protection religious liberty exclusively upon either clause assuring free exercise religion justice frankfurter said framers first amendment sensitive recent history persecutions impositions civil disability sectarian majorities virtually colonies visited deviation matter conscience protection unpopular creeds however full extent amendment guarantee freedom governmental intrusion matters faith battle virginia hardly four years james madison led forces disestablishment successful opposition patrick henry proposed assessment bill levying general tax support christian teachers vital compelling memory mcgowan maryland true framers immediate concern prevent setting official federal church kind england colonies long supported nothing text establishment clause supports view prevention setting official church meant full extent prohibitions official involvements religion rightly said framers amendment meant prohibit congress merely establishment church one may properly wonder state words church religion regarded synonymous seems highly improbable particularly view fact contemporary state constitutional provisions dealing subject establishment used definite phrases religious sect sect specific wording contemporary state constitutions similar wording adopted first amendment framers intended prohibit nothing prohibiting lardner far constitution separate church state pol sci rev sum history prior decisions summoned aid interpretation establishment clause permits little doubt prohibition designed comprehensively prevent official involvements religion tend foster discourage religious worship belief awareness history appreciation aims founding fathers always resolve concrete problems specific question us example aroused vigorous dispute whether architects first amendment james madison thomas jefferson particularly understood prohibition law respecting establishment religion reach devotional exercises public schools may jefferson madison held exercises permissible although even jefferson case serious doubt suggested admonition putting bible testament hands children age judgments sufficiently matured religious inquiries doubt view even perfectly clear one way supply dispositive answer question presented cases fruitful inquiry seems whether practices challenged threaten consequences framers deeply feared whether short tend promote type interdependence religion state first amendment designed prevent task translate majestic generalities bill rights conceived part pattern liberal government eighteenth century concrete restraints officials dealing problems twentieth century west virginia state board education barnette literal quest advice founding fathers upon issues cases seems futile misdirected several reasons first precise problem historical record best ambiguous statements readily found support either side proposition ambiguity history understandable recall nature problems uppermost thinking statesmen fashioned religious guarantees concerned far flagrant intrusions government realm religion century witnessed clear framers meant establishment clause prohibit creation established federal church existed england doubt preoccupation imminent question established churches gave distinct consideration particular question whether clause also forbade devotional exercises public institutions second structure american education greatly changed since first amendment adopted context modern emphasis upon public education available citizens views eighteenth century whether exercises bar establishment offer little aid decision education framers knew main confined private schools often strictly sectarian supervision gradually control education pass largely public officials therefore hardly significant fact nearly universal devotional exercises schools young republic provoke criticism even today religious ceremonies private schools constitutionally unobjectionable third religious composition makes us vastly diverse people forefathers knew differences chiefly among protestant sects today nation far heterogeneous religiously including substantial minorities catholics jews well worship according version bible worship god see torcaso watkins face profound changes practices may objectionable one time jefferson madison may today highly offensive many persons deeply devout nonbelievers alike whatever jefferson madison thought bible reading recital lord prayer public schools existed day use history time must limit broad purposes specific practices standard persuaded devotional exercises carried baltimore abington schools offend first amendment sufficiently threaten day substantive evils fear called forth establishment clause first amendment constitution expounding interpretation first amendment must necessarily responsive much highly charged nature religious questions contemporary society fourth american experiment free public education available children guided large measure dramatic evolution religious diversity among population public schools serve interaction two important forces national life placed bold relief certain positive values consistent application public institutions generally public schools particularly constitutional decree official involvements religion might produce evils framers meant establishment clause forestall public schools supported entirely communities public funds funds exacted parents alone hold particular religious views indeed subscribe creed implicit history character american public education public schools serve uniquely public function training american citizens atmosphere free parochial divisive separatist influences sort atmosphere children may assimilate heritage common american groups religions see illinois ex rel mccollum board education heritage neither theistic atheistic simply civic patriotic see meyer nebraska attendance public schools never compulsory parents remain morally constitutionally free choose academic environment wish children educated relationship establishment clause first amendment public school system preeminently reserving choice individual parent rather vesting majority voters state school district choice thus preserved public secular education uniquely democratic values form private sectarian education offers values judgment first amendment forbids state inhibit freedom choice diminishing attractiveness either alternative either restricting liberty private schools inculcate whatever values wish jeopardizing freedom public schools private sectarian pressures choice different forms education one much like choice whether worship constitution leaves individual parent proper function state local government influence restrict election lesson history drawn experiences countries system free public education forfeits unique contribution growth democratic citizenship choice ceases freely available parent ii exposition religious guarantees first amendment consistently reflected reaffirmed concerns impelled framers write guarantees constitution neither possible appropriate review entire course decisions religious questions emerge decisions however three principles particular relevance issue presented cases bar attention decisions therefore appropriate first one line decisions derives contests control church property internal ecclesiastical disputes line settled proposition order give effect first amendment purpose requiring part organs government strict neutrality toward theological questions courts undertake decide questions principles first expounded case watson jones wall declared judicial intervention controversy open whole subject doctrinal theology usages customs written laws fundamental organization every religious denomination courts must neutral law knows heresy committed support dogma establishment sect principle recently reaffirmed kedroff nicholas cathedral kreshik nicholas cathedral mandate judicial neutrality theological controversies met severest test ballard decision put sharp relief certain principles bear directly upon questions presented cases ballard indicted fraudulent use mails dissemination religious literature requested trial submit jury question truthfulness religious views championed requested charge refused upheld refusal reasoning first amendment foreclosed judicial inquiry truth falsity defendant religious beliefs said man relation god made concern state granted right worship pleased answer man verity religious views men may believe prove may put proof religious doctrines beliefs many take gospel new testament hardly supposed tried jury charged duty determining whether teachings contained false representations dilemma presented case severe alleged truthfulness nonreligious publications ordinarily submitted jury ballard deprived defense first amendment forbids governmental inquiry verity religious beliefs dissent justice jackson expressed concern construction first amendment rosecutions character easily degenerate religious persecution case shows elusive line enforces amendment injunction strict neutrality manifesting official hostility toward religion line must considered cases us might view result ballard case manifestation hostility conviction stood defense raised others might represent merely strict adherence principle neutrality already expounded cases involving doctrinal disputes inevitably insistence upon neutrality vital surely untrammeled religious liberty may appear border upon religious hostility long view independence church state respective spheres better served close adherence neutrality principle choice often difficult difficulty endemic issues implicating religious guarantees first amendment freedom religion seriously jeopardized admit exceptions better reason difficulty delineating hostility neutrality closest cases second recently decisions dealt question whether issues arising establishment clause may isolated problems implicating free exercise clause everson board education view first decisions treats problem asserted unconstitutional involvement raising questions purely establishment clause scrutiny several earlier decisions said etched contours clause shows cases neither raised decided constitutional issues first amendment bradfield roberts example involved challenges federal grant hospital administered roman catholic order rejected claim lack evidence sectarian influence changed character secular institution chartered congress quick bear leupp also illustrative immediate question one statutory construction although issue originally involved constitutionality use federal funds support sectarian education indian reservations congress already prohibited federal grants purpose thereby removing broader issue leaving question whether statute authorized appropriation religious teaching treaty funds held government trust indians since indians funds held indians might direct use educational purposes chose administration treasury disbursement funds inject case issue propriety use federal moneys indeed expressly approved reasoning appeals deny indians right spend moneys religious purposes choice might well infringe free exercise religion seems inconceivable congress intended prohibit receiving religious education cost desired case forecast however increasingly troublesome first amendment paradox logical interrelationship establishment free exercise clauses may produce situations injunction apparent establishment must withheld order avoid infringement rights free exercise paradox squarely presented quick bear care taken avoid constitutional confrontation discloses awareness possible conflicts two clauses shall come back problem later infra pp third case group cochran louisiana state board involved challenge state statute providing public funds support loan free textbooks pupils public private schools constitutional issues extended claim program amounted taking private property nonpublic use rejected claim ground private use property involved doubt taxing power state exerted public purpose case therefore raised issue first amendment pierce society sisters catholic parochial school private nonsectarian military academy challenged state law requiring children certain ages attend public schools held law invalid arbitrary unreasonable interference rights schools liberty parents children attended due process guarantee fourteenth amendment excludes general power state standardize children forcing accept instruction public teachers one plaintiffs indeed parochial school case obviously decided first amendment question recognized constitutional right establish patronize private schools including parochial schools meet state reasonable minimum curricular requirements third true says two clauses establishment free exercise may overlap overlap however decisions free exercise clause bear considerable relevance problem us briefly reviewed early free exercise cases generally involved objections religious minorities application general nonreligious legislation governing conduct reynolds involved claim belief sanctity plural marriage precluded conviction members particular sect nondiscriminatory legislation marriage rejected claim saying laws made government actions interfere mere religious beliefs opinions may practices man excuse practices contrary religious belief permit make professed doctrines religious belief superior law land effect permit every citizen become law unto government exist name circumstances must confuse issue governmental power regulate prohibit conduct motivated religious beliefs quite different problem governmental authority compel behavior offensive religious principles hamilton regents university california question power state compel students state university participate military training instruction religious convictions validity statute sustained claims based upon first amendment decision rested narrow principle since neither constitutional right legal obligation attend state university obligation participate military training courses reflecting legitimate state interest might properly imposed upon chose attend although rights protected first fourteenth amendments presumed include right entertain beliefs adhere principles teach doctrines students base objections order prescribing military training amendments construed free students military training obligations chose attend university justices brandeis cardozo stone concurring separately agreed requirement infringed constitutionally protected liberties added however case presented question establishment clause military instruction program establishment since way involved instruction practice tenets religion since question one free exercise concluded like majority strong state interest training citizen militia justified restraints imposed least long attendance university voluntary hamilton overruled although schwimmer macintosh upon hamilton relied since overruled girouard hamilton retains vitality respect higher education recognized inapplicability cognate questions public primary secondary schools held west virginia board education barnette supra state power expel public schools students refused religious grounds comply daily flag salute requirement course requirement law respecting establishment religion california law compelling college students take military training barnette plaintiffs moreover ask whole exercise enjoined excuse exemption provided students whose religious beliefs forbade participate ceremony key holding requirement abridged rights free exercise lay fact attendance school voluntary compulsory said issue prejudiced previous holding state without compelling attendance extends college facilities pupils voluntarily enroll may prescribe military training part course without offense constitution hamilton regents present case attendance optional distinctions hamilton barnette think crucial resolution cases us different results cases attributable part difference strength particular state interests respective statutes designed serve far significant fact hamilton dealt voluntary attendance college young adults barnette involved compelled attendance young children elementary secondary schools distinction warrants difference constitutional results involuntary attendance young school children exclusively concerned cases iii one questions framers first amendment intended restrict exclusively powers federal government whatever limitations amendment imposes upon derive fourteenth amendment process absorption religious guarantees first amendment protections fourteenth amendment began free exercise clause held protections fourteenth included least person freedom worship god according dictates conscience meyer nebraska see also hamilton regents supra cantwell connecticut completed process absorption free exercise clause recognized dual aspect affirmed freedom belief absolute liberty recognized conduct may also comprehended free exercise clause remains subject regulation protection society distinction already drawn reynolds supra beginning recognized government may regulate behavioral manifestations religious beliefs may interfere beliefs absorption establishment clause however come later route less easily charted suggested support history absorption first amendment ban congressional legislation respecting establishment religion conceptually impossible framers meant establishment clause also foreclose attempt congress disestablish existing official state churches whether understanding framers whether purpose inhibited absorption establishment clause threshold nineteenth century questions dispositive present inquiry clear record history last formal state establishments dissolved three decades fourteenth amendment ratified thus problem protecting official state churches federal encroachments hardly concern framed war amendments objective first amendment become historical anachronism thought deterred absorption establishment clause greater degree example deterred absorption free exercise clause organ federal government possessed power restrain interference religious matters indisputable see permoli new orleans equally plain hand fourteenth amendment created panoply new federal rights protection citizens various among rights freedom state governmental involvement affairs religion establishment clause originally foreclosed part congress also suggested liberty guaranteed fourteenth amendment logically absorb establishment clause clause one provisions bill rights terms protects freedom individual see corwin constitution powers secular state fallacy contention think underestimates role establishment clause free exercise clause religious liberty framers entrust liberty religious beliefs either clause alone free exercise clause full extent amendment guarantee freedom governmental intrusion matters faith mcgowan maryland supra opinion frankfurter finally contended absorption establishment clause precluded absence intention part framers fourteenth amendment circumscribe residual powers aid religious activities institutions ways fell short formal establishments argument relies part upon express terms abortive blaine amendment proposed several years adoption fourteenth amendment added first amendment provision state shall make law respecting establishment religion restriction superfluous said fourteenth amendment already made establishment clause binding upon argument proves much fourteenth amendment protection free exercise religion hardly questioned yet blaine amendment also added explicit protection state laws abridging liberty even assume draftsmen fourteenth amendment saw immediate connection protections state action infringing personal liberty guarantees first amendment certainly late day suggest assumed inattention question dilutes force constitutional guarantees application enough conclude religious liberty embodied fourteenth amendment viable constitution interpreted forbid establishments ordained congress issue particular activities establishment clause forbids undertake immediate concern everson board education careful study relevant history led view consistently recognized decisions since everson establishment clause embodied framers conclusion government religion discrete interests mutually best served avoids close proximity nonbeliever fears injection sectarian doctrines controversies civil polity high degree devout believer fears secularization creed becomes deeply involved dependent upon government rightly said history establishment clause tradition civil liberty rests secularism thomas jefferson also fervent sectarianism roger williams freund decisions questions religious education exercises public schools consistently reflected dual aspect establishment clause engel vitale unmistakably roots three earlier cases cognate issues shaped contours establishment clause first everson held reimbursement town parents cost transporting children public carrier parochial well public private nonsectarian schools offend establishment clause reimbursement easing financial burden upon catholic parents may indirectly fostered operation catholic schools may thereby indirectly facilitated teaching catholic principles thus serving ultimately religious goal form governmental assistance difficult distinguish myriad incidental insignificant government benefits enjoyed religious institutions fire police protection tax exemptions pavement streets sidewalks example state contributes money schools support legislation applied provide general program help parents get children regardless religion safely expeditiously accredited schools yet even form assistance thought four justices everson barred establishment clause perilously close public support religion forbidden first amendment two cases illinois ex rel mccollum board education zorach clauson best considered together involved programs released time religious instruction public school students reject suggestion zorach overruled mccollum silence distinction drew zorach two cases view faithful function establishment clause first note however mccollum zorach seem distinguishable terms free exercise claims advanced cases nonparticipant mccollum program given secular instruction separate room times classmates religious lessons nonparticipant zorach program also received secular instruction classmates repaired place outside school religious instruction crucial difference think mccollum program offended establishment clause zorach program view difference public expenditures involved true mccollum program involved regular use school facilities classrooms heat light time regular school day even though actual incremental cost may negligible religious instruction zorach program contrast carried entirely school premises teacher part simply facilitate children release churches deeper difference mccollum program placed religious instructor public school classroom precisely position authority held regular teachers secular subjects zorach program mccollum program lending support sectarian instruction authority governmentally operated public school system brought government religion proximity establishment clause forbids sure religious teacher presumably commands substantial respect merits attention right constitution permit prestige capacity influence augmented investiture symbols authority command lay teacher enhancement secular instruction recent decisions etched contours establishment sunday law cases found state laws compelling uniform day rest worldly labor violation establishment clause mcgowan maryland basic ground decision granted sunday laws first enacted religious ends continued force reasons wholly secular namely provide universal day rest ensure health tranquillity community words government may originally decreed sunday day rest impermissible purpose supporting religion abandoned purpose retained laws permissible purpose furthering overwhelmingly secular ends evolution contours establishment clause engel vitale year ago held daily recital regents prayer constituted establishment religion although prayer revealed sectarian content purpose nature meaning quite clearly religious new york authorizing recitation maintained distance public religious sectors commanded establishment clause placed power prestige financial support government behind prayer engel mccollum matter amount time expense allocated daily recitation small long exercise manifestly religious matter children complained practice measure seriousness breach establishment clause never thought number people complain also held two terms ago torcaso watkins supra state may constitutionally require applicant office notary public swear affirm believes god problem case strikingly similar issue presented years flag salute case west virginia board education barnette supra neither case claim establishment religion infringement individual religious liberty one case nonbeliever attest belief god child whose creed forbade salute flag torcaso added new element present barnette maryland test oath involved attempt employ essentially religious albeit nonsectarian means achieve secular goal means bore reasonable relationship one doubted state interest integrity notaries public interest warrant screening applicants means religious test sunday law cases different respect even sunday laws retain certain religious vestiges enforced today essentially secular objectives effectively achieved modern society except designating sunday universal day rest opinions cited substantial problems selecting enforcing alternative day rest teaching torcaso sunday law cases government may employ religious means serve secular interests however legitimate may least without clearest demonstration nonreligious means suffice iv turn cases us religious nature exercises challenged seems plain unless engel vitale overruled engage wholly disingenuous distinction sustain practices daily recital lord prayer reading passages scripture quite clearly breaches command establishment clause daily use rather bland regents prayer new york public schools indeed suppose anything lord prayer holy bible clearly sectarian present violations first amendment consequently serious religious exercises challenged cases long history almost beginning bible reading daily prayer schools subject debate criticism educators public officials proscription courts legislative councils outset must carefully canvass aspects history use prayers bible readings opening school day long antedates founding republic rules new hopkins grammar school required hat scholars called together shall every morning begin work short prayer blessing laboures learning rigorous provision contract dutch schoolmaster flatbush new york school begins one children shall read morning prayer stands catechism close prayer dinner afternoon shall begin prayer dinner end evening prayer evening school shall begin lord prayer close singing psalm statutory provision daily religious exercises however quite recent origin turn century one state massachusetts law making morning prayer bible reading obligatory statutes elsewhere either permitted practices simply left question local option within years joined massachusetts making one exercises compulsory pennsylvania law concerned schempp case example took effect even rule baltimore school board involved murray case dates state ever constitutional statutory prohibition recital prayers reading scripture although number outlawed practices judicial decision administrative order noteworthy panoply state local regulations cases emerge relative recency statutory codification practices ancient roots rather small number ever prescribed compulsory religious exercises public schools purposes underlying adoption perpetuation practices somewhat complex beyond question religious benefits values realized daily prayer bible reading usually considered paramount sufficient justify continuation practices horace mann embroiled intense controversy role sectarian instruction textbooks boston public schools little question regular use bible thought essentially nonsectarian bear fruit spiritual enlightenment pupils contemporary mann commissioner education neighboring state expressed view many enlightened educators day shared textbook morals bible prominent place schools either reading book source appeal instruction sectarianism indeed countenanced schools bible sectarian scriptures least read opening school prayer may also offered happiest effects statements reveal understanding educators daily religious exercises schools served broader goals compelling formal worship god fostering church attendance religious aims educators adopted retained exercises comprehensive many cases quite devoid sectarian bias crucial fact nonetheless religious suggested see pp infra daily prayer reading scripture serve secular goals well doubt origins practices unambiguously religious even educator aim win adherents particular creed faith almost beginning religious exercises public schools subject intense criticism vigorous debate judicial administrative prohibition significantly educators school boards early entertained doubts legality soundness opening school day compulsory prayer bible reading particularly large eastern cities immigration exposed public schools religious diversities conflicts unknown homogeneous academies eighteenth century local authorities found necessary even civil war seek accommodation philadelphia school board adopted following resolutions resolved children required attend unite reading bible public schools whose parents conscientiously opposed thereto resolved children whose parents conscientiously prefer desire particular version bible without note comment furnished thus great deal controversy religion public schools preceded debate blaine amendment precipitated president grant insistence matters religion left family altar church private school supported entirely private contributions ample precedent theodore roosevelt declaration interest absolutely nonsectarian public schools business protestant bible catholic vulgate talmud read schools principle appeared message ohio governor vetoed compulsory bill belief religious teaching homes sunday schools churches good mothers fathers ministers ohio far preferable compulsory teaching religion state spirit federal state constitutions beginning leave religious instruction discretion parents particularly relevant purposes decisions state courts questions religion public schools decisions course authoritative serve nevertheless define problem us guide inquiry growth religious diversity rise vigorous dissent inevitable courts called upon enjoin religious practices public schools offended certain sects groups earliest decisions declined review propriety actions taken school authorities long actions within purview administrators powers thus local school board required religious exercises courts enjoin least one case school officials forbade devotional practices refused similar grounds overrule decision thus whichever way early cases came governing principle nearly complete deference administrative discretion effectively foreclosed consideration constitutional questions last quarter nineteenth century found courts beginning question constitutionality public school religious exercises legal context still course state constitutions since first amendment yet held applicable state action state constitutional prohibitions cooperation governmental aid religion generally less rigorous establishment clause first amendment therefore remarkable courts half dozen found compulsory religious exercises public schools violation respective state constitutions courts attributed much significance clearly religious origins content challenged practices impossibility avoiding sectarian controversy conduct illinois expressed principles characterized decisions public school supported taxes citizen regardless religion lack compelled pay school like government simply civil institution secular religious purposes truths bible truths religion come within province public school one denies taught youth state constitution law interfere teaching banish theological polemics schools school districts done hostility religion part duty state teach religion take money apply teaching children religion part instruction religion must voluntary people ex rel ring board education even state courts sustained devotional exercises state law usually recognized primarily religious character prayers bible readings practices reason unconstitutional necessarily state constitution forbade public expenditures sectarian instruction activities made place worship said nothing subtler question laws respecting establishment religion thus panorama history permits conclusion daily prayers bible readings public schools always designed regarded essentially religious exercises unlike sunday closing laws exercises appear neither divorced religious origins deprived centrally religious character passage time cf mcgowan maryland supra distinction alone might well rest constitutional decision three contentions pressed argument cases contentions deserve careful consideration position school authorities correct respect misapplying principles engel vitale first argued however clearly religious may origins early nature daily prayer bible reading practices today serve clearly secular educational purposes religious attributes may overlooked doubt example morning devotional exercises may foster better discipline classroom elevate spiritual level school day opens pennsylvania superintendent public instruction testifying deposition schempp case offered view daily bible reading places upon children hearing reading atmosphere goes reading one last vestiges moral value left school system exercise thus affords superintendent concluded strong contradiction materialistic trends time baltimore superintendent schools expressed similar view practices challenged murray case effect acknowledgement existence god symbolized opening exercises establishes discipline tone tends cause individual pupil constrain overt acts consequently conform accepted standards behavior attendance school views means novel see billard board education business gainsay judgments experts matters pedagogy decisions must left discretion administrators charged supervision nation public schools limited province courts determine whether means educators chosen achieve legitimate pedagogical ends infringe constitutional freedoms first amendment secular purposes devotional exercises said serve fall two categories depend upon immediately religious experience shared participating children appear sufficiently divorced religious content devotional material served equally nonreligious materials respect first objective much written moral spiritual values infusing religious influence instruction public school classroom extent religious materials serve purpose seems purpose well means plainly religious exercise necessarily forbidden establishment clause fact purely secular benefits may eventually result seem justify exercises similar indirect nonreligious benefits doubt claimed released time program invalidated mccollum second justification assumes religious exercises start school day may directly serve solely secular ends example fostering harmony tolerance among pupils enhancing authority teacher inspiring better discipline extent benefits result content readings recitation simply holding solemn exercise opening assembly first class day seem less sensitive materials might equally well serve purpose previously suggested torcaso sunday law cases forbid use religious means achieve secular ends nonreligious means suffice principle readily applied cases shown readings speeches messages great americans example documents heritage liberty daily recitation pledge allegiance even observance moment reverent silence opening class may adequately serve solely secular purposes devotional activities without jeopardizing either religious liberties members community proper degree separation spheres religion government substitutes think unsatisfactory inadequate extent present activities fact serve religious goals question judgment experienced educators challenged practices may well achieve valuable secular ends seems state acts unconstitutionally either sets attain even indirectly religious ends religious means uses religious means serve secular ends secular means suffice second argued particular practices involved two cases us unobjectionable prefer particular sect sects expense others baltimore abington procedures permit example reading several versions bible flexibility said ensure neutrality sufficiently avoid constitutional prohibition one answer might dispositive version bible inherently sectarian else need offer system rotation alternation versions first place allow different sectarian versions used different days sectarian character holy bible core whole controversy religious practices public schools throughout long often bitter history vary version abington baltimore schools done may well less offensive read king james version every day practice result even relatively benign procedure majority sects preferred approximate proportion representation community student body smaller sects suffer commensurate discrimination long subject matter exercise sectarian character consequences avoided argument contains however basic flaw persons every community often deeply devout version bible offensive others whose reverence holy scriptures demands private study reflection public reading recitation sacrilegious one expert witnesses trial schempp case explained persons fact using bible public schools content particular version offensive manner used persons anathema public communion even pronounced prayer involved many deeply devout persons always regarded prayer necessarily private experience one protestant group recently commented example one thinks prayer sincere outreach human soul creator required prayer becomes absurdity similar problem respect comment upon passages scripture read present statutes forbid comment practice accords views many religious groups manner bible read however recent survey discloses scriptural passages read without comment frequently convey message younger children school thus developed practice schools bridging gap faith understanding means definitions even comment forbidden statute present practice therefore poses difficult dilemma bible reading almost universally required without comment since prohibition sectarian interpretation excluded classroom rule breaks point rudimentary definitions biblical terms necessary comprehension exercise meaningful suggested tentative solution problems may lie fashioning common core theology tolerable creeds preferential none one commentator recently observed istory encouraging hope fashion common denominator religion detached manifestation organized church sutherland establishment according engel harv rev thus notion common core litany supplication offends many deeply devout worshippers find clearly sectarian practices objectionable father gustave weigel recently expressed widely shared view moral code held separate religious community reductively unified consistent particular believer wants reduction american council education warned several years ago notion common core suggests watering several faiths point common essentials appear might easily lead new sect public school sect take place alongside existing faiths compete engel surely authority nonsectarian religious practices equally sectarian exercises violate establishment clause moreover even establishment clause oblivious nonsectarian religious practices think quite likely common core approach sufficiently objectionable many groups foreclosed prohibitions free exercise clause third element said absolve practices involved cases ban religious guarantees constitution provision excuse exempt students wish participate insofar practices claimed violate establishment clause find answer district gave remand schempp altogether dispositive fact pupils theoretically pupils might excused attendance exercises mitigate obligatory nature ceremony exercises held school buildings perforce conducted authority local school authorities school sessions since statute requires reading holy bible christian document practice said first opinion prefers christian religion record demonstrates intention general assembly commonwealth pennsylvania introduce religious ceremony public schools commonwealth difficult question however whether availability excusal dissenting child serves refute challenges practices free exercise clause enough decide cases dispose establishment questions questions free exercise inextricably interwoven history present status practices justify disposition second aspect excusal issue answer excusal procedure necessarily operates way infringe rights free exercise children wish excused held barnette torcaso respectively state may require neither public school students candidates office public trust profess beliefs offensive religious principles token state constitutionally require student profess publicly disbelief prerequisite exercise constitutional right abstention apart torcaso barnette think speiser randall suggests answer held state may condition grant tax exemption upon willingness entitled exemption affirm loyalty government even though exemption matter grace rather constitutional right concluded impose upon eligible taxpayers affirmative burden proving loyalty impermissibly jeopardized freedom engage constitutionally protected activities close area loyalty oath related speiser randall seems dispose two aspects excusal exemption procedure us first requiring tantamount eyes teachers schoolmates profession disbelief least nonconformity procedure may well deter children wish participate reason based upon dictates conscience exercising indisputably constitutional right excused thus excusal provision operation subjects cruel dilemma consequence even devout children may well avoid claiming right simply continue participate exercises distasteful understandable reluctance stigmatized atheists nonconformists simply basis request reluctance seek exemption seems likely view fact children disinclined age step line flout norms widely held view experts studied behaviors attitudes children also basis justice frankfurter answer similar contention made mccollum case child offered alternative may reduce constraint eliminate operation influence school matters sacred conscience outside school domain law imitation operates outstanding characteristic children result obvious pressure upon children attend excluded pupil loses caste fellows liable regarded aversion subjected reproach insult sufficient refutation argument practice question tends destroy equality pupils constitution seeks establish protect puts portion serious disadvantage many ways respect others state ex rel weiss district board school district circumstances children excused opening exercises religious beliefs excusing children religious grounds although number excused might small distinct preference favor religious beliefs majority work discrimination excused exclusion pupil circumstances puts class subjects religious stigma religious belief equality public education destroyed act constitution seeks establish equality freedom religious matters herold parish board school directors la see also tudor board education brown orange county board public instruction fla summarize views concerning merits two cases history purpose operation daily prayer recital bible reading leave doubt practices standing constitute impermissible breach establishment clause devotional exercises may well serve legitimate nonreligious purposes extent however purposes really without religious significance never demonstrated secular means suffice indeed suggest patriotic nonreligious materials might provide adequate substitutes inadequate extent purposes served indeed directly indirectly religious circumstances may employ religious means reach secular goal unless secular means wholly unavailing therefore agree judgment schempp must affirmed murray must reversed considerations bring final contention school officials cases invalidation exercises bar permits alternative declare unconstitutional every vestige however slight cooperation accommodation religion government accept contention course appropriate decide questions presently venture suggest religious exercises public schools present unique problem every involvement religion public life violates establishment clause decision cases clearly forecast anything constitutionality types interdependence religious public institutions specifically believe line must draw permissible impermissible one accords history faithfully reflects understanding founding fathers line consistently sought mark decisions expounding religious guarantees first amendment framers meant foreclose decisions establishment clause forbidden involvements religious secular institutions serve essentially religious activities religious institutions employ organs government essentially religious purposes use essentially religious means serve governmental ends secular means suffice secular religious institutions become involved manner inhere relationship precisely dangers much church state framers feared subvert religious liberty strength system secular government hand may myriad forms involvements government religion import dangers therefore judgment deemed violate establishment clause nothing constitution compels organs government blind everyone else perceives religious differences among americans important pervasive implications society likewise nothing establishment clause forbids application legislation purely secular ends way alleviate burdens upon free exercise individual religious beliefs surely framers never understood construction sanctions involvement violates establishment clause conclusion reached suggest using words first amendment defeat purpose line permissible impermissible forms involvement government religion already considered lower federal state courts think brief survey certain forms accommodation reveal first amendment commands official hostility toward religion strict neutrality matters religion moreover may serve suggest scope holding today measured special circumstances cases arisen particular dangers church state religious exercises public schools present may helpful purposes analysis group practices forms accommodation several rough categories conflict establishment free exercise certain practices conceivably violative establishment clause striking might seriously interfere certain religious liberties also protected first amendment provisions churches chaplains military establishments armed services may afford one example like provision state federal governments chaplains penal institutions may afford another example argued provisions may assumed contravene establishment clause yet sustained constitutional grounds necessary secure members armed forces prisoners rights worship guaranteed free exercise clause since government deprived persons opportunity practice faith places choice argument runs government may order avoid infringing free exercise guarantees provide substitutes requires persons principle might support example constitutionality draft exemptions ministers divinity students cf selective draft law cases excusal children school respective religious holidays allowance government temporary use public buildings religious organizations churches become unavailable disaster emergency activities practices seem distinguishable sponsorship daily bible reading prayer recital one thing element coercion present appointment military prison chaplains soldier convict declines opportunities worship ordinarily subject suspicion obloquy peers special significance distinction fact usually dealing adults impressionable children public schools moreover school exercises designed provide pupils general opportunities worship denied legal obligation attend school student compelled presence school five days week way renders regular religious facilities community less accessible others situation school child therefore plainly unlike isolated soldier prisoner state must steadfastly neutral matters faith neither favor inhibit religion view government sponsor religious exercises public schools without jeopardizing neutrality hand hostility neutrality characterize refusal provide chaplains places worship prisoners soldiers cut state civilian opportunities public communion withholding draft exemptions ministers conscientious objectors denial temporary use empty public building congregation whose place worship destroyed fire flood say government must provide chaplains draft exemptions courts intercede fails establishment exercises legislative bodies saying invocational prayers legislative chambers state federal appointment legislative chaplains might well represent involvements kind prohibited establishment clause legislators federal state mature adults may presumably absent public ceremonial exercises without incurring penalty direct indirect may also significant least case congress art constitution makes house monitor rules proceedings least arguable whether matters present political questions resolution exclusively confided congress see baker carr finally difficult question may heard challenge practices see elliott white use bible public schools holding today plainly foreclose teaching holy scriptures differences religious sects classes literature history indeed whether bible involved impossible teach meaningfully many subjects social sciences humanities without mention religion extent points curriculum religious materials cited matters courts entrust largely experienced officials superintend nation public schools experts matters heed justice jackson caveat attempt announce curricular standards decree uniform rigid consistent unchanging standard countless school boards representing serving highly localized groups differ time time change attitudes illinois ex rel mccollum board education supra however view usurp jurisdiction school administrators holding today morning devotional exercises form constitutionally invalid occasion go anticipate problems judge material us attempt impose rigid limits upon mention god references bible classroom fraught dangers sometime hereafter shown fact religion play part teaching given subject without resurrecting ghost practices strike today time enough consider questions must defer uniform tax exemptions incidentally available religious institutions nothing hold today questions propriety certain tax deductions exemptions incidentally benefit churches religious institutions along many secular charities nonprofit organizations religious institutions benefit spite rather religious character religious institutions simply share benefits government makes generally available educational charitable eleemosynary groups indication taxing authorities used benefits way subsidize worship foster belief god among religious beneficiaries tax exemption deduction truly nondiscriminatory available equal terms small well large religious bodies popular unpopular sects organizations reject well accept belief god religious considerations public welfare programs since government may support directly aid religious activities without violating establishment clause might doubt whether nondiscriminatory programs governmental aid may constitutionally include individuals become eligible wholly partially religious reasons example might suggested state provides unemployment compensation generally unable find suitable work may extend benefits persons unemployed reason religious beliefs practices without thereby establishing religion persons belong therefore argument runs state may avoid establishment singling excluding persons ground religious beliefs practices made potential beneficiaries construction seems require government impose religious discriminations disabilities thereby jeopardizing free exercise religion order avoid thought constitute establishment inescapable flaw argument suggest quite unrealistic view aims establishment clause framers concerned effects certain incidental aids individual worshippers come general nondiscriminatory welfare programs benefits serve make easier less expensive practice particular creed religions hardly said purpose program way religious consequence nondiscriminatory application create forbidden degree interdependence secular sectarian institutions therefore accept suggestion seems implicit argument outlined every judicial administrative construction designed prevent public welfare program abridging free exercise religious beliefs reason ipso facto establishment religion activities though religious origin ceased religious meaning noted sunday law decisions nearly every criminal law books traced religious principle inspiration make present enforcement criminal law sense establishment religion simply accords widely held religious principles said mcgowan maryland establishment clause ban federal state regulation conduct whose reason effect merely happens coincide harmonize tenets religions rationale suggests use motto god trust currency documents public buildings like may offend clause use four words dismissed de minimis suspect intense opposition abandonment motto truth simply interwoven motto deeply fabric civil polity present use may well present type involvement first amendment prohibits general principle might also serve insulate various patriotic exercises activities used public schools elsewhere whatever may origins longer religious purpose meaning reference divinity revised pledge allegiance example may merely recognize historical fact nation believed founded god thus reciting pledge may religious exercise reading aloud lincoln gettysburg address contains allusion historical fact principles reaffirm apply today hardly thought novel radical truth old republic always integral part first amendment words charter religious liberty less applicable today first pronounced century ago one year first decision involving religious exercises public schools words distinguished chief justice commonwealth pennsylvania jeremiah black manifest object men framed institutions country state without religion church without politics say meant one never used engine purpose man rights one tested opinions church takes note men political differences state looks equal eye modes religious faith fathers seem perfectly sincere belief members church patriotic citizens state religious keeping respective functions entirely separate essay religious liberty black essays speeches jeremiah black locke letter concerning toleration great books western world hutchins ed representative daniel carroll maryland debate upon proposed bill rights first congress august annals cong see healey jefferson religion public education boles bible religion public schools butts american tradition religion education cahn government prayer rev costanzo thomas jefferson religious education public law pub law comment first amendment religion public schools rev jefferson caveat full instead therefore putting bible testament hands children age judgments sufficiently matured religious inquiries memories may stored useful facts grecian roman european american history writings thomas jefferson memorial ed cf justice rutledge observations everson board education dissenting opinion see also fellman separation church state summary view rev rosenfield separation church state public schools pitt rev mackinnon freedom toleration problem church state pub law one author suggested reasons cautious application history constitution religious guarantees contemporary problems first brevity congressional debate lack writings question framers make historical argument inconclusive open serious question second amendment designed outlaw practices existed writing authoritative declaration specific practices aimed third modern cases turn issues academic perhaps exist public education almost nonexistent question religious education public schools may foreseen beth american theory church state see generally discussion early efforts disestablishment established colonial churches conditions proponents separation church state contended sweet story religion america xiii cobb rise religious liberty america ix eckenrode separation church state virginia brant james madison nationalist xxii bowers young jefferson butts american tradition religion education ii kruse historical meaning judicial construction establishment religion clause first amendment washburn compare also alexander hamilton conception characteristic difference tolerated established religion grounds opposition latter remarks quebec bill works alexander hamilton hamilton ed compare view contemporary evidence reveals design framers forbid formal establishment churches various forms incidental aid support religion lardner far constitution separate church state pol sci rev origins modern movement free education fixed precision england levellers unavailingly urged platform establishment free primary education least boys see brailsford levellers english revolution north american colonies education almost without exception private sponsorship supervision frequently control dominant protestant sects condition prevailed revolution first quarter nineteenth century see generally mason moral values secular education ii thayer role school american society greene religion state making testing american tradition thus virginia colonial governor berkeley exclaimed thank god free schools printing hope shall hundred years learning brought disobedience heresy sects world emphasis deleted bates religious liberty inquiry exclusively private control american education however quite survive berkeley expectations benjamin franklin proposals philadelphia academy heralded dawn publicly supported secondary education although proposal bear immediate fruit see johnson yost separation church state jefferson elaborate plans public school system virginia came naught defeat proposed elementary school bill found little favor among wealthier legislators see bowers young jefferson impetus jacksonian democracy system public education really took root see beard rise american civilization one force behind development secular public schools may growing dissatisfaction tightly sectarian control private education see harner religion place general education yet burgeoning public school systems immediately supplant old sectarian private institutions alexis de tocqueville example remarked tour eastern lmost education entrusted clergy democracy america bradley ed compare lord bryce observations half century later still largely denominational character american higher education american commonwealth efforts keep public schools early nineteenth century free sectarian influence two kinds one took form constitutional provisions statutes adopted number forbidding appropriations public treasury support religious instruction manner see moehlman wall separation church state lardner far constitution separate church state pol sci rev took form measures directed use sectarian reading teaching materials schools texts used earliest public schools largely taken private academies retained strongly religious character content see nichols religion american democracy kinney church state struggle separation new hampshire however massachusetts enacted statute providing school boards might thereafter direct school books purchased used schools calculated favor particular religious sect tenet stokes church state discussion background massachusetts law difficulties early application see dunn happened religious education iv followed example massachusetts use sectarian texts time widely prohibited appropriation public funds religious instruction concerning evolution american public school systems free sectarian influence compare justice frankfurter account pertinent remind establishment principle separation field education due decline religious beliefs people horace mann devout christian deep religious feeling james madison stamped upon remonstrance secular public school imply indifference basic role religion life people rejection religious education means fostering claims religion minimized refusing make public schools agencies assertion secular public school means reconciling freedom general religious freedom sharp confinement public schools secular education recognition need democratic society educate children insofar state undertook atmosphere free pressures realm pressures resisted conflicts easily bitterly engendered illinois ex rel mccollum board education comparative religious homogeneity time bill rights adopted considered haller puritan background first amendment read constitution reconsidered beth american theory church state kinney church state struggle separation new hampshire however madison suggested federalist religious diversity existed time constitutional convention constituted source strength religious freedom much multiplicity economic political interests enhanced security civil rights federalist cooke ed see comment power courts internal affairs religious groups rev comment judicial intervention disputes within independent church bodies rev note judicial intervention disputes use church property harv rev compare vidal girard executors principle judicial nonintervention essentially religious disputes appears reflected decisions several state courts declining enforce essentially private agreements concerning religious education worship children separated divorced parents see hackett hackett ohio abs stanton stanton friedman parental right control religious education child harv rev harv rev note west res rev governmental nonintervention religious affairs institutions seems assured article constitution india provides subject public order morality health every religious denomination section thereof shall right establish maintain institutions religious charitable purposes manage affairs matters religion acquire movable immovable property administer property accordance law see chaudhri constitutional rights limitations article however appear completely foreclosed judicial inquiry merits intradenominational disputes see gledhill fundamental rights india discussion difficulties inherent ballard case see kurland religion law eventually reversed convictions quite unrelated ground women systematically excluded jury ballard discussions difficulties interpreting applying first amendment foster objective neutrality without hostility see katz freedom religion state neutrality chi rev kauper church state freedom review rev compare interesting apparent attempt avoid ballard problem international level article multilateral treaty certain american republics provides extradition granted inter alia offense directed religion blakely american state papers related documents freedom religion rev ed see kurland religion law compare treatment apparently similar problem article constitution india religious instruction shall provided educational institution wholly maintained state funds nothing clause shall apply educational institution administered state established endowment trust requires religious instruction shall imparted institution chaudhri constitutional rights limitations see kurland religion law fellman separation church state summary view rev distinction implicit first amendment made explicit original virginia bill rights provision men enjoy fullest toleration exercise religion according dictates conscience unpunished unrestrained magistrate unless color religion man disturb peace happiness safety society see cobb rise religious liberty america concerning various legislative limitations restraints upon religiously motivated behavior endangers offends society see manwaring render unto caesar controversy various courts applied principle proscribe certain religious exercises activities thought threaten safety morals participants rest community state massey harden state lawson commonwealth cf sweeney webb tex civ app principle cases distinction belief behavior susceptible perverse application may suggested oliver cromwell mandate besieged catholic community ireland freedom conscience meddle man conscience mean liberty celebrate mass understand place power parliament england prevails shall permitted quoted hook paradoxes freedom respect decision hamilton regents compare two recent comments kurland religion law french comment unconstitutional conditions analysis geo see generally background history barnette case manwaring render unto caesar controversy especially compare interesting treatment problem similar barnette nonconstitutional context chabot les commissaires de lamorandiere que noted mcgill see barron baltimore pet permoli new orleans cf fox ohio withers buckley early however least one commentator argued guarantees bill rights excepting first seventh amendments meant limit powers rawle view constitution america addition statement meyer least one state assumed early claims abridgment free exercise religion public schools must tested guarantees first amendment well state constitution hardwick board school trustees cal app see louisell jackson religion theology public higher education cal rev even fourteenth amendment new york state enacted general common school law provided religious instruction given construed violate rights conscience secured constitution state laws see snee religious disestablishment fourteenth amendment kruse historical meaning judicial construction establishment religion clause first amendment washburn katz religion american constitutions address northwestern university law school march pp see debate constitutional convention question whether necessary advisable include among enumerated powers congress power establish university preferences distinctions allowed account religion least one delegate thought explicit delegation necessary exclusive power seat government reach object proposal defeated two votes farrand records federal convention last formal establishment massachusetts dissolved process disestablishment described cobb rise religious liberty america sweet story religion america xiii greater relevance conditions existing time adoption fourteenth amendment suggested note state sunday laws religious guarantees federal constitution harv rev see corwin constitution powers secular state fairman morrison fourteenth amendment incorporate bill rights stan rev meyer comment blaine amendment bill rights harv rev howe religion race public education buffalo rev cf cooley principles constitutional law ed compare professor freund comment looking back hard see done otherwise persisted accepting freedom contract guaranteed liberty without giving equal status freedom press speech assembly religious observance seem inevitable inclusion within fourteenth amendment concept nonestablishment religion sense forbidding nondiscriminatory aid religion interference freedom religious exercise freund blaine amendment cong rec included also explicit provision money raised taxation state support public schools derived public fund therefor public lands devoted thereto shall ever control religious sect denomination amendment passed house failed obtain requisite vote senate see cong rec prohibition blaine amendment engrafted onto american constitution incorporated constitutions nations compare article constitution india religious instruction shall provided educational institution wholly maintained state funds article xx constitution japan state organs shall refrain religious education religious activity see chaudhri constitutional rights limitations three years adoption fourteenth amendment justice bradley wrote letter expressing views proposed constitutional amendment designed acknowledge dependence nation upon god recognize bible foundation laws ruler conduct never able see necessity expediency movement obtaining amendment constitution evidently framed adopted people fixed determination allow absolute religious freedom equality avoid appearance even state religion state endorsement particular creed religious sect constitution original form adopted people made haste secure amendment congress shall make law respecting establishment religion prohibiting free exercise thereof shows earnest desire revolutionary fathers religion left free voluntary action people regard manifesting hostility religion showing fixed determination leave people entirely free subject seems fathers wise great voluntary system country quite favorable promotion real religion systems governmental protection patronage countries whilst understand association represent desire invoke governmental interference still amendment sought step direction fathers quite good christians thought wise take country thought settled one thing least province government teach theology religion basis support civil government must reside written constitution people legislate religion people must infused gentler wiser methods miscellaneous writings joseph bradley doubt whatever establishment may meant framers first amendment draftsmen fourteenth amendment three quarters century later understood establishment clause foreclose many incidental forms governmental aid religion fell far short creation support official church report senate committee early example contained view establishment clause congress passed pass law fairly construed degree introduced attempt introduce favor church ecclesiastical association system religious faith one obnoxious particulars endowment public expense peculiar privileges members disadvantages penalties upon reject doctrines belong communions law law respecting establishment religion therefore violation constitution sess things lawful american constitutions may stated thus law respecting establishment religion compulsory support taxation otherwise religious instruction one denomination favored expense rest support religious instruction must entirely voluntary cooley constitutional limitations ed compare miller roger williams contribution american tradition madison memorial remonstrance religious assessments reprinted appendix dissenting opinion justice rutledge everson board education supra see also cahn government prayer rev jefferson bill establishing religious freedom padover complete jefferson moulton myers report appointing chaplains legislature new york blau cornerstones religious freedom america bury history freedom thought ed see spicer fundamental freedoms kauper church state freedom review rev reed zorach case notre dame lawyer see frankfurter dissenting kurland religion law recognize question whether zorach free exercise claims asserted fact proved justice frankfurter described effects mccollum program thus religious education conducted school time property patently woven working scheme school champaign arrangement thus presents powerful elements inherent pressure school system interest religious sects result public school system champaign actively furthers inculcation religious tenets faiths process sharpens consciousness religious differences least among children committed care school hours teachers children object lessons order church members within common observation young children susceptible influence teachers kind object lessons continually schools conducted circumstances surroundings hendrick app div supp see also commonwealth herr comment religious garb public schools study conflicting liberties chi rev public school machinery used bring distribution bibles children eyes pupils parents board education placed stamp approval upon distribution fact upon gideon bible mere accommodation religion permitted zorach case school part distribution active one sustained basis mere assistance religion school session right command vested teacher duty obedience imposed upon pupils circumstances request command meaning request one authority understood mere euphemism fact command inoffensive form state ex rel freeman scheve neb see illustrations principle first amendment freedoms may affected government must employ means least inhibit exercise constitutional liberties lovell griffin schneider state martin struthers saia new york shelton tucker bantam books sullivan see also note state sunday laws religious guarantees federal constitution harv rev freund harv rev compare miller cooper state permitted holding public school commencement exercises church building public buildings community adequate accommodate ceremony question raised cases concerning standing parents challenge religious practices conducted schools children presently attend whatever authority doremus board education might question standing one parent children affected challenged exercises us cases neither mccollum zorach reason question standing settled principles justiciability jurisdiction whether complaints alleged pecuniary loss monetary injury claims parents alleged injury sufficient give standing however gravamen lawsuit exclusively one establishment might seem illogical confer standing upon parent though concededly best position assert claim suffers financial injury reason parent different ordinary taxpayer whose standing may open question see sutherland establishment according engel harv rev suggest several answers conceptual difficulty first parent surely person directly immediately concerned affected challenged establishment deny standing either right behalf child might effectively foreclose judicial inquiry serious breaches prohibitions first amendment even though special monetary injury shown see schempp school district abington township supp kurland regents prayer case full sound fury signifying review second complaint every case thus far challenging establishment set forth least colorable claim infringement free exercise complaint includes claims neither frivolous surely overtechnical say parent detail monetary cost exercises may ask pass upon claim however logically two may related cf pierce society sisters supra truax raich naacp alabama ex rel patterson bell hood bantam books sullivan finally concept standing necessarily flexible one designed principally ensure plaintiffs personal stake outcome controversy assure concrete adverseness sharpens presentation issues upon largely depends illumination difficult constitutional questions baker carr seems even cursory examination complaints two cases opinions discloses parents real grievances respective school authorities resolved short constitutional adjudication see generally arthur garfield hays civil liberties conference public aid parochial schools standing bring suit buffalo rev jaffe standing secure judicial review public actions harv rev sutherland due process disestablishment harv rev comment first amendment religion public schools rev quoted dunn happened religious education quoted quoted hartford moral values public education lessons kentucky experience see culver horace mann religion massachusetts public schools account one prominent educator efforts satisfy protests opposed continuation sectarian lessons exercises public schools demands insisted upon retention essentially religious practices mann continued use bible regarded nonsectarian exercises represented response see mann religious education blau cornerstones religious freedom america twelfth annual report secretary board education massachusetts see also boles bible religion public schools see stokes church state greene religion state making testing american tradition code tit del code tit stat ann mass ann laws code ann statutes like recently amended pennsylvania statute involved schempp provide excusal exemption children whose parents wish participate see generally johnson yost separation church state thayer role school american society beth american theory church state compare american statutory approach article constitution india person attending educational institution recognised state receiving aid state funds shall required take part religious instruction may imparted institution attend religious worship may conducted institution premises attached thereto unless person person minor guardian given consent thereto see chaudhri constitutional rights limitations see note supra quoted new hampshire school reports kinney church state struggle separation new hampshire quoted boyer religious education public school pupils wisconsin rev quoted dunn happened religious education quoted butts american tradition religion education see board education minor ohio blakely american state papers related documents freedom religion rev ed report commissioner education year part exec doc part sess quoted illinois ex rel mccollum board education supra opinion frankfurter see also president grant annual message congress cong rec et apparently inspired drafting submission blaine amendment see meyer comment blaine amendment bill rights harv rev theodore roosevelt michael schaap letters theodore roosevelt morison ed quoted boles bible religion public schools op atty op atty cal op atty atty opinion attorney general michigan effect see american jewish yearbook addition governor ohio see note supra governor arizona vetoed proposed law permitted reading bible without comment except teach historical literary facts see stokes church state see johnson yost separation church state note bible reading public schools vand rev spiller inhabitants woburn allen mass donahoe richards maine cf ferriter tyler board education minor ohio people ex rel ring board education herold parish board school directors la state ex rel weiss district board state ex rel finger weedman state ex rel dearle frazier cf state ex rel clithero showalter state ex rel freeman scheve neb modified neb cases discussed boles bible religion public schools iv harrison bible constitution public education rev moore monroe iowa hackett brooksville graded school district billard board education pfeiffer board education kaplan school district lewis board education misc supp sup modified grounds app div supp appeal dismissed doremus board education appeal dismissed church bullock tex people ex rel vollmar stanley wilkerson city rome carden bland chamberlin dade county board public instruction discussion constitutional statutory provisions involved state cases sustained devotional exercises public schools see boles bible religion public schools iii harrison bible constitution public education rev fellman separation church state summary view rev note bible reading public schools vand rev note nineteenth century judicial thought concerning relations rev state courts appear increasingly influenced sustaining devotional practices availability excuse exemption dissenting students see cushman holy bible public schools cornell vand rev see rosenfield separation church state public schools pitt rev harrison bible constitution public education rev ford rev rev essentially religious character materials used exercises fact strongly suggested presence excusal exemption provisions practice rotating alternating use different prayers versions holy bible billard case teacher whose use lord prayer psalm testified exercise served disciplinary rather spiritual purposes necessary general exercise children come playground prepare work need general exercise quiet see henry place religion public schools martin public schools christian secular educational policies national educational moral spiritual values public schools iv harner religion place general education educators means unanimous however question see boles bible religion public schools compare george washington advice farewell address let us caution indulge supposition morality maintained without religion whatever may conceded influence refined education minds peculiar structure reason experience forbid us expect national morality prevail exclusion religious principle writings george washington fitzpatrick ed thomas jefferson insistence judgments young children sufficiently matured religious inquiries memories may stored useful facts grecian roman european american history writings thomas jefferson memorial ed relevant recent proposals explored possibility commencing school day quiet moment still tumult playground start day study editorial washington post june see also new york times consideration alternative proposals see choper religion public schools proposed constitutional standard rev see also stokes church state history bears particularly upon role sectarian differences concerning biblical texts interpretation summarized tudor board education see also state ex rel weiss district board one state adverted differences half century ago bible entirety sectarian book jew every believer religion christian religion heretical hold beliefs regarded orthodox use schools necessarily results sectarian instruction many sects christians differences grow differing constructions various parts scriptures different conclusions drawn effect words portions scripture form basis sectarian differences thoughtfully intelligently read without impressing reader favorably otherwise reference doctrines supposed derived people ex rel ring board education see sharply critical comment schofield religious liberty bible reading illinois public schools rev see torcaso watkins supra cushman holy bible public schools cornell note separation church state religious exercises schools cinc rev religious persons today share universality biblical canons john quincy adams ask bible take standard faith hebrew samaritan old english translation answer bible containing sermon upon mount bible read understand take one standard faith socinus priestley made fair translation bible taken without comments john quincy adams john adams koch peden selected writings john john quincy adams rabbi solomon grayzel testified district judaism bible read studied special virtue attached mere reading bible great deal virtue attached study bible see boles bible religion public schools choper religion public schools proposed constitutional standard rev one religious periodical suggested danger observance sort likely deteriorate quickly empty formality little spiritual significance prescribed forms sort many colleges concluded years compulsory chapel attendance actually work inculcation vital religion prayers public schools opposed christian century see cahn government prayer rev leading protestant journal recently noted agitation removal religious practices public schools prompted supported entirely jews humanists atheists local national levels many christian leaders concerned civil rights minorities adequate religious education opposed religious exercises public schools many persons jews christians believe prayer bible reading sacred permitted public schools spite possible moral value smith religious crisis schools episcopalian may pp see recent statements question editorial amending amendment america may sissel christian view behind fight school prayer look june statement baptist joint committee public affairs church state see harrison bible constitution public education rev application statutes regulations forbid comment scriptural passages complicated view certain religious groups reading without comment either meaningless actually offensive compare rabbi grayzel testimony district bible misunderstood taken without explanation recent survey attitudes certain teachers disclosed concern refusal answer pupil questions regarding curricular activity educationally sound reading without comment might create minds pupils impression something hidden wrong boles bible religion public schools compare comment foreign observer field learning expect child draw full meaning reads without accompanying explanatory comment comment teacher inevitably reveal personal preferences exhibition preferences seeking eliminate mackinnon freedom toleration problem church state pub law see abbott common bible reader public schools religious education note albany rev stokes church state describing common denominator three faiths plan certain programs instruction designed implement common core approach attempts evolve universal nondenominational prayer means novel see madison letter edward everett march commenting upon project prayer intended comprehend conciliate college students every christian denomination form composed wholly texts phrases scripture writings james madison hunt ed fuller description attempts fashion common core nonsectarian exercise see engel vitale misc see policy statement recently drafted national council churches christ neither true religion good education dependent upon devotional use bible public school program apart constitutional questions involved attempts establish common core religious beliefs taught public schools purpose indoctrination unrealistic unwise major faith groups agreed formulation religious beliefs common even done body religious doctrine tend become substitute demanding commitments historic faiths washington post may see also choper religion public schools proposed constitutional standard rev see also hartford moral values public education lessons kentucky experience moehlman wall separation church state cf mosk establishment clause clarified law transition quoted kurland regents prayer case full sound fury signifying review quoted harrison bible constitution public education rev see also dawson america way church state society see testimony edward schempp father children abington schools concerning reasons asking children excused morning exercises excusal made available amendment statute originally objected children exposed reading king james version bible conditions theoretically liked children excused felt penalty children labelled odd balls teachers classmates every day year even less satisfactory problem children classmates roger donna liable label lump particular religious difference religious objections atheism particularly today word atheism often tied atheistic communism atheism bad connotations minds children many adults today extensive testimony behavioral scientists concerning effect similar practices upon children attitudes behaviors discussed tudor board education see also choper religion public schools proposed constitutional standard rev appear reported experiments bear directly upon question consideration however numerous experiments indicate susceptibility school children pressures especially important group norms values involved see berenda influence group judgments children argyle social pressure public private situations abnormal social psych cf rhine effect peer group influence upon development change social psych french morrison levinger coercive power forces affecting conformity abnormal social psych recent important experimental study susceptibility students various factors school environment see zander curtis rosenfeld influence teachers peers aspirations youth office education cooperative research project also apparent susceptibility school children prestige suggestion social influence within school environment varies inversely age grade level consequent degree sophistication child see patel gordon personal situational determinants yielding influence abnormal social psych experimental findings also shed light upon probable effectiveness provision excusal usually case percentage class wishing participate exercises small demonstrated example inclination even adults depart dissent overtly strong group norms varies proportionately size dissenting group inversely apparent perceived strength norm markedly slighter case sole isolated dissenter see asch studies independence conformity minority one unanimous majority psych monographs asch effects group pressure upon modification distortion judgments cartwright zander group dynamics ed luchins luchins conformity true false communications social psych recent important findings questions summarized hare handbook small group research ii see general problem conflict accommodation two clauses katz freedom religion state neutrality chi rev griswold absolute dark utah rev kauper church state freedom review rev one author suggested establishment free exercise clauses must read stating single precept government utilize religion standard action inaction clauses read together prohibit classification terms religion either confer benefit impose burden kurland religion law compare formula accommodation embodied australian constitution commonwealth shall make law establishing religion imposing religious observance prohibiting free exercise religion religious test shall required qualification office public trust commonwealth essays australian constitution ed much difference opinion throughout american history concerning advisability furnishing chaplains government expense compare washington order regarding chaplains continental army july writings george washington fitzpatrick ed madison views similar question letter edward livingston july writings james madison hunt ed compare also statement armed forces chaplains board concerning chaplain obligation us entrusted spiritual moral guidance young men women armed services country chaplain many duties yet first foremost presenting god men women wearing military uniform happens military service profound effect happens community resume civilian life chaplains must take full cognizance fact dedicate work making finer spiritually strengthened citizens builders faith department defense ii interesting compare regard express provision article weimar constitution necessary free time shall accorded members armed forces fulfilment religious duties mcbain rogers new constitutions europe discussion recent difficult problems connection chaplains religious exercises prisons see pierce la vallee ferguson cal mcbride mccorkle super brown mcginnis discussed comment rev harv rev compare article xviii hague convention regulations prisoners war shall enjoy every latitude exercise religion including attendance church services provided comply regulations order police issued military authorities quoted blakely american state papers related documents freedom religion rev ed compare generally sibley jacob conscription conscience american state conscientious objector conklin conscientious objector provisions view light torcaso watkins geo see southside estates baptist church board trustees lewis mandeville misc cf school district schmidt temporary loan school district custodian church different problem may presented respect regular use public school property religious activities state ex rel gilbert dilley neb erection public property statue memorial essentially religious figure state ex rel singelmann morrison la app seasonal displays religious character baer kolmorgen misc performance public property drama opera based religious material carrying religious message cf county los angeles hollinger cal app cal rptr compare moulton myers report appointing chaplains legislature new york blau cornerstones religious freedom america comment rev comprehensive survey problems raised concerning role religion secular curriculum contained brown study religion public schools appraisal see also katz religion american constitutions lecture northwestern university law school march pp educational policies national education moral spiritual values public schools compare consideration similar problems colleges universities louisell jackson religion theology public higher education cal rev see generally torpey judicial doctrines religious rights america vi van alstyne tax exemption church property ohio state sutherland due process disestablishment harv rev louisell jackson religion theology public higher education cal rev de paul rev rev stan rev see washington ethical society district columbia app fellowship humanity county alameda cal app justice goldberg justice harlan joins concurring apparent opinions filed today delineation constitutionally permissible relationship religion government difficult sensitive task calling careful exercise judicial public judgment restraint considerations lead today interdict clearly religious practices presented cases wholly compelling doubt propriety decision therefore join opinion judgment singular sensitivity concern surround legal practical judgments involved impel however add words explication time avoiding repetition carefully ably framed examination history authority brethren first amendment guarantees applied fourteenth amendment foreclose laws respecting establishment religion also prohibiting free exercise thereof two proscriptions read together light single end designed serve basic purpose religion clause first amendment promote assure fullest possible scope religious liberty tolerance nurture conditions secure best hope attainment end fullest realization true religious liberty requires government neither engage compel religious practices effect favoritism among sects religion nonreligion work deterrence religious belief devotion even simply stated objectives presents easy course unavoidable accommodations necessary achieve maximum enjoyment often difficult discernment simple clear measure precise application readily invariably demark permissible impermissible said agree attitude government toward religion must one neutrality untutored devotion concept neutrality lead invocation approval results partake simply noninterference noninvolvement religious constitution commands brooding pervasive devotion secular passive even active hostility religious results compelled constitution seems prohibited neither government ignore significance fact vast portion people believe worship god many legal political personal values derive historically religious teachings government must inevitably take cognizance existence religion indeed certain circumstances first amendment may require seems clear opinions present past cases recognize propriety providing military chaplains teaching religion distinguished teaching religion public schools examples readily multiplied required permissible accommodations state church frame relation one free hostility favor productive religious political harmony without undue involvement one concerns practices sure judgment case delicate one must made loyal service judges ultimate first amendment objective religious liberty practices involved fall within sensible acceptable concept compelled permitted accommodation involve state significantly directly realm sectarian give rise divisive influences inhibitions freedom religion clauses first amendment preclude state ordained utilized facilities engage unmistakably religious exercises devotional reading recitation holy bible manner substantial significant import impact selected rather written particular devotional liturgy seems without constitutional import pervasive religiosity direct governmental involvement inhering prescription prayer bible reading public schools part curricular day involving young impressionable children whose school attendance statutorily compelled utilizing prestige power influence school administration staff authority realistically termed simply accommodation must fall within interdiction first amendment find nothing opinion says course today decision mean incidents government import religious therefore without banned strictures establishment clause declared last term engel vitale course nothing decision reached inconsistent fact school children others officially encouraged express love country reciting historical documents declaration independence contain references deity singing officially espoused anthems include composer professions faith fact many manifestations public life belief god patriotic ceremonial occasions bear true resemblance unquestioned religious exercise state sponsored instance justice stewart dissenting think records two cases us fundamentally deficient make impossible informed responsible determination constitutional issues presented specifically agree records say establishment clause necessarily violated think exist serious questions provision free exercise clause insofar imbedded fourteenth amendment require remand cases taking additional evidence first amendment declares congress shall make law respecting establishment religion prohibiting free exercise thereof think fallacious oversimplification regard two provisions establishing single constitutional standard separation church state mechanically applied every case delineate required boundaries government religion err first place recognize matter history matter imperatives free society religion government must necessarily interact countless ways secondly fact many contexts establishment clause free exercise clause fully complement areas doctrinaire reading establishment clause leads irreconcilable conflict free exercise clause single obvious example suffice make point spending federal funds employ chaplains armed forces might said violate establishment clause yet lonely soldier stationed faraway outpost surely complain government provide opportunity pastoral guidance affirmatively prohibiting free exercise religion examples readily multiplied short matter simply two relevant clauses first amendment accurately reflected sterile metaphor nature may distort rather illumine problems involved particular case cf sherbert verner post ii matter history first amendment adopted solely limitation upon newly created national government events leading adoption strongly suggest establishment clause primarily attempt insure congress powerless establish national church also unable interfere existing state establishments see mcgowan maryland state left free go way pursue policy respect religion thus virginia beginning pursued policy disestablishmentarianism massachusetts contrast established church well nineteenth century matters stood adoption fourteenth amendment accurately decision cantwell connecticut case said first amendment declares congress shall make law respecting establishment religion prohibiting free exercise thereof fourteenth amendment rendered legislatures incompetent congress enact laws accept without question liberty guaranteed fourteenth amendment impairment embraces full right free exercise religion protected first amendment yield one conception breadth freedom see braunfeld brown dissenting opinion accept proposition fourteenth amendment somehow absorbed establishment clause although without irony constitutional provision evidently designed leave free go way become restriction upon autonomy agree seems insensitive definition establishment clause contained opinion different think equally mechanistic definitions contained separate opinions filed iii since cantwell pronouncement twice held invalid state laws ground laws respecting establishment religion violation fourteenth amendment mccollum board education engel vitale hand upheld challenge laws establishing sunday compulsory day rest mcgowan maryland law authorizing reimbursement public funds transportation parochial school pupils everson board education unlike first amendment guarantees inherent limitation upon applicability establishment clause ban state support religion limitation succinctly put everson board education state power used handicap religions favor later case recognized limitation one compelled free exercise guarantee hold state consistently first fourteenth amendments utilize public school system aid religious faiths sects dissemination doctrines ideals manifest governmental hostility religion religious teachings manifestation hostility war national tradition embodied first amendment guaranty free exercise religion mccollum board education central value embodied first amendment particularly guarantee liberty contained fourteenth safeguarding individual right free exercise religion consistently recognized thus case hamilton regents justice cardozo concurring assumed religious liberty protected first amendment invasion nation protected fourteenth amendment invasion emphasis added cantwell connecticut supra purpose guarantees described following terms one hand forestalls compulsion law acceptance creed practice form worship freedom conscience freedom adhere religious organization form worship individual may choose restricted law hand safeguards free exercise chosen form religion concept constitutional protection embodied decisions makes cases us difficult ones involved cases substantial free exercise claim part affirmatively desire children school day open reading passages bible become accepted decision pierce society sisters upholding right parents send children nonpublic schools ultimately based upon recognition validity free exercise claim involved situation might argued parents wanted children exposed religious influences school pierce send children private parochial schools consideration renders contention facile determinative already recognized freedom speech freedom press freedom religion available merely pay way murdock pennsylvania might also argued parents want children exposed religious influences adequately fulfill wish school property outside school time surface persuasiveness however argument seriously misconceives basic constitutional justification permitting exercises issue cases compulsory state educational system structures child life religious exercises held impermissible activity schools religion placed artificial disadvantage viewed light permission exercises want necessary schools truly neutral matter religion refusal permit religious exercises thus seen realization state neutrality rather establishment religion secularism least government support beliefs think religious exercises conducted private seems paramount importance recognition fact claim advanced favor bible reading sufficiently substantial make simple reference constitutional phrase establishment religion inadequate analysis cases us ritualistic invocation nonconstitutional phrase separation church state cases compel rather analysis neutrality required interplay establishment free exercise clauses first amendment imbedded fourteenth iv decisions make clear constitutional bar use government property religious purposes contrary consistently held discriminatory barring religious groups public property violation first fourteenth amendment guarantees fowler rhode island niemotko maryland different standard applied public school property coercive effect use religious sects compulsory school system necessarily upon children involved mccollum board education insofar mccollum decision rests establishment rather free exercise clause clear effect limited religious instruction government support proselytizing activities religious sects throwing weight secular authority behind dissemination religious tenets dangers government religion inherent official support instruction tenets various religious sects absent present cases involve reading bible unaccompanied comments might otherwise constitute instruction indeed since appears either record teacher wish free participate even contended infinitesimal part salaries paid state made contingent upon performance religious function absence evidence legislature school board intended prohibit local schools substituting different set readings parents requested change assume provisions us actually administered may construed simply authorizing religious exercises designations may treated simply indications promulgating body view community preference duty interpret provisions render constitutional reasonably possible compare two guys mcginley everson board education schempp case evidence indicates variations fact permitted school involved variations introduced absence requests parents murray case baltimore rule contains provision permitting another version bible substituted king james version provisions construed think validity establishment clause extremely doubtful designation particular religious book denominational prayer since even provisions construed believe must think cases us must remanded evidence issues thus affording plaintiffs opportunity prove local variations fact permitted shall balance dissenting opinion treat provisions us making variety content exercises well choice implementation matters ultimately reflect consensus local school community absence coercion upon wish participate hold less strong beliefs beliefs beliefs provisions view held represent type support religion barred establishment clause support rules provide religion withholding state hostility simple acknowledgment part secular authorities constitution require extirpation expression religious belief said provisions authorizing religious exercises properly regarded measures making possible free exercise religion important stress strictly speaking issue privilege rather right words question presented whether exercises issue constitutionally compelled rather whether constitutionally invalid issue view turns question coercion clear dangers coercion involved holding religious exercises schoolroom differ qualitatively presented use similar exercises affirmations ceremonies attended adults even children however duty laid upon government connection religious exercises public schools refraining structuring school environment put kind pressure child participate exercises providing atmosphere children kept scrupulously insulated awareness fellows may want open school day prayer fact exist pluralistic society differences religious belief must stressed cases like brown board education held sphere public education fourteenth amendment guarantee equal protection laws required race treated relevant factor segregated school system invalid operation coercive invalid simply constitution presupposes men created equal therefore racial differences provide valid basis governmental action accommodation religious differences part state however permitted required constitution governmental neutrality first fourteenth amendments require cases us words extension evenhanded treatment believe doubt disbelieve refusal part state weight scales private choice cases therefore involved state action based impermissible categories rather attempt state accommodate differences existence society variety religious beliefs makes inevitable constitution requires efforts struck proven entail use secular authority government coerce preference among beliefs may well argued us even supposed benefits derived noncoercive religious exercises public schools incommensurate administrative problems create choice involved however one local community school board said religious exercises constitutionally invalid simply reflect differences exist society school draws pupils become constitutionally invalid administration places sanction secular authority behind one particular religious irreligious beliefs specific seems clear certain types exercises present situations possibility coercion part secular officials claimed exist thus exercises held either official school day school schedule participation merely one among number desirable alternatives hardly contended exercises anything provide opportunity voluntary expression religious belief hand law provided religious exercises school day contained excusal provision obviously unconstitutionally coercive upon wish participate even law containing excusal provision exercises held school day equally desirable alternative provided school authorities likelihood children might least psychological compulsion participate great case latter however think err assumed coercion absence evidence vi viewed light seems clear records cases us wholly inadequate support informed responsible decision cases involve provisions explicitly permit student wishes excused participation exercises evidence either case whether exist coercion kind upon student want participate evidence adduced murray case decided upon demurrer case therefore conclusory language pleading conclusory allegations acceptable procedural purposes think nature constitutional problem involved clearly demands decision made except upon evidence schempp case record shows subjective prophecy parent thought happen request made excused participation exercises amended statute request ever made evidence whatever might actually happen administrative arrangements school actually might make free pressure kind want participate exercises district findings issue since case amended statute decided exclusively establishment clause grounds supp constitution indispensably protects freedom us jew agnostic christian atheist buddhist freethinker believe disbelieve worship worship pray keep silent according conscience uncoerced unrestrained government conceivable school boards even school boards might eventually find impossible administer system religious exercises school hours way meet constitutional standard way completely free kind official coercion affirmatively want participate think must assume school boards lack qualities inventiveness good make impossible achievement goal remand cases hearings instructive connection examine complaints two cases us neither complaint attacks challenged practices establishments allege basis causes actions rather violations religious liberty statement establishment clause cantwell dictum case decided free exercise grounds see also connection zorach clauson government may finance religious groups undertake religious instruction blend secular sectarian education use secular institutions force one religion person find constitutional requirement makes necessary government hostile religion throw weight efforts widen effective scope religious influence beyond question utilization public school system aid religious groups spread faith mccollum board education emphasis added pennsylvania statute specifically amended remove compulsion upon teachers act december purdon stat ann since maryland case demurrer issue whether teacher dismissed refusal participate seems among many others never raised see description plan permitting religious instruction school property contained mccollum board education separate opinion justice frankfurter cf task separating secular religious education one magnitude intricacy delicacy lay sweeping constitutional doctrine demanded complainant apparently approved applicable alike school boards nation decree uniform rigid consistent unchanging standard countless school boards representing serving highly localized groups differ time time change attitudes seems allow zeal ideas good public instruction induce us accept role super board education every school district nation mccollum board education concurring opinion justice jackson example record schempp case contained proof rather mere prophecy timing morning announcements school handicap children want listen bible reading excusal provision administered carry overtones social inferiority impermissible coercion clearly exist