engel vitale argued april decided june prohibition first amendment enactment law respecting establishment religion made applicable fourteenth amendment state officials may compose official state prayer require recited public schools state beginning school day even prayer denominationally neutral pupils wish may remain silent excused room prayer recited pp reversed william butler argued cause petitioners briefs stanley geller bertram daiker argued cause respondents briefs wilford neier porter chandler argued cause briefs thomas ford richard nolan charles brind filed brief board regents university state new york amicus curiae opposition petition certiorari briefs amici curiae urging reversal filed herbert wolff leo rosen nancy wechsler american ethical union louis caplan edwin lukas paul hartman theodore leskes sol rabkin american jewish committee et al leo pfeffer lewis weinstein albert wald shad polier samuel lawrence brennglass synagogue council america et al brief amici curiae urging affirmance filed roger foley attorney general nevada robert pickrell attorney general arizona frank holt attorney general arkansas albert coles attorney general connecticut richard ervin attorney general florida eugene cook attorney general georgia frank benson attorney general idaho edwin steers attorney general indiana william ferguson attorney general kansas jack gremillion attorney general louisiana thomas finan attorney general maryland joe patterson attorney general mississippi william maynard attorney general new hampshire arthur sills attorney general new jersey earl hartley attorney general new mexico leslie burgum attorney general north dakota david stahl attorney general pennsylvania joseph nugent attorney general rhode island daniel mcleod attorney general south carolina miller attorney general south dakota wilson attorney general texas donald robertson attorney general west virginia justice black delivered opinion respondent board education union free school district new hyde park new york acting official capacity state law directed school district principal cause following prayer said aloud class presence teacher beginning school day almighty god acknowledge dependence upon thee beg thy blessings upon us parents teachers country shortly practice reciting regents prayer adopted school district parents ten pupils brought action new york state insisting use official prayer public schools contrary beliefs religions religious practices children among things parents challenged constitutionality state law authorizing school district direct use prayer public schools school district regulation ordering recitation particular prayer ground actions official governmental agencies violate part first amendment federal constitution commands congress shall make law respecting establishment religion command made applicable state new york fourteenth amendment said constitution new york appeals dissents judges dye fuld sustained order lower state courts upheld power new york use regents prayer part daily procedures public schools long schools compel pupil join prayer parents objection granted certiorari review important decision involving rights protected first fourteenth amendments think using public school system encourage recitation regents prayer state new york adopted practice wholly inconsistent establishment clause course doubt new york program daily classroom invocation god blessings prescribed regents prayer religious activity solemn avowal divine faith supplication blessings almighty nature prayer always religious none respondents denied trial expressly found religious nature prayer recognized jefferson concurred theological writers state courts administrative officials including new york commissioner education committee new york legislature agreed board regents amicus curiae respondents intervenors concede religious nature prayer seek distinguish prayer based spiritual heritage matter history practice establishing governmentally composed prayers religious services one reasons caused many early colonists leave england seek religious freedom america book common prayer created governmental direction approved acts parliament set minute detail accepted form content prayer religious ceremonies used established church england controversies book content repeatedly threatened disrupt peace country accepted forms prayer established church changed views particular ruler happened control time powerful groups representing varying religious views people struggled among impress particular views upon government obtain amendments book suitable respective notions religious services conducted order official religious establishment advance particular religious beliefs groups lacking necessary political power influence government matter decided leave england established church seek freedom america england governmentally ordained supported religion unfortunate fact history groups strenuously opposed established church england found sufficiently control colonial governments country write prayers law passed laws making religion official religion respective colonies indeed late time revolutionary war established churches least eight thirteen former colonies established religions least four five successful revolution english political domination shortly followed intense opposition practice establishing religion law opposition crystallized rapidly effective political force virginia minority religious groups presbyterians lutherans quakers baptists gained strength adherents established episcopal church actually minority opposed established church led james madison thomas jefferson though members dissenting religious groups opposed religious establishments law grounds principle obtained enactment famous virginia bill religious liberty religious groups placed equal footing far state concerned similar though less legislation considered passed time adoption constitution history shows widespread awareness among many americans dangers union church state people knew bitter personal experience one greatest dangers freedom individual worship way lay government placing official stamp approval upon one particular kind prayer one particular form religious services knew anguish hardship bitter strife come zealous religious groups struggled one another obtain government stamp approval king queen protector came temporary power constitution intended avert part danger leaving government country hands people rather hands monarch safeguard enough founders willing let content prayers privilege praying whenever pleased influenced ballot box let vital matters personal conscience depend upon succession monarchs first amendment added constitution stand guarantee neither power prestige federal government used control support influence kinds prayer american people say people religious must subjected pressures government change time new political administration elected office amendment prohibition governmental establishment religion reinforced provisions fourteenth amendment government country state federal without power prescribe law particular form prayer used official prayer carrying program governmentally sponsored religious activity doubt new york state prayer program officially establishes religious beliefs embodied regents prayer respondents argument contrary largely based upon contention regents prayer fact program modified approved state courts require pupils recite prayer permits wish remain silent excused room ignores essential nature program constitutional defects neither fact prayer may denominationally neutral fact observance part students voluntary serve free limitations establishment clause might free exercise clause first amendment operative virtue fourteenth amendment 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 nonobserving 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 purposes underlying establishment clause go much first immediate purpose rested belief union government religion tends destroy government degrade religion history governmentally established religion england country showed whenever government allied one particular form religion inevitable result incurred hatred disrespect even contempt held contrary beliefs history showed many people lost respect religion relied upon support government spread faith establishment clause thus stands expression principle part founders constitution religion personal sacred holy permit unhallowed perversion civil magistrate another purpose establishment clause rested upon awareness historical fact governmentally established religions religious persecutions go hand hand founders knew years book common prayer became accepted form religious services established church england act uniformity passed compel englishmen attend services make criminal offense conduct attend religious gatherings kind law consistently flouted dissenting religious groups england contributed widespread persecutions people like john bunyan persisted holding unlawful religious meetings great disturbance distraction good subjects kingdom knew similar persecutions received sanction law several colonies country soon establishment official religions colonies large part get completely away sort systematic religious persecution founders brought nation constitution bill rights prohibition governmental establishment religion new york laws officially prescribing regents prayer inconsistent purposes establishment clause establishment clause argued apply constitution way prohibit state laws respecting establishment religious services public schools indicate hostility toward religion toward prayer nothing course wrong history man inseparable history religion perhaps much say since beginning history many people devoutly believed things wrought prayer world dreams doubtless largely due men believed grew sentiment caused men leave officially established state religions religious persecution europe come country filled hope find place pray pleased god faith language chose men faith power prayer led fight adoption constitution also bill rights guarantees religious freedom forbid sort governmental activity new york attempted men knew first amendment tried put end governmental control religion prayer written destroy either knew rather written quiet fears nearly felt arising awareness governments past shackled men tongues make speak religious thoughts government wanted speak pray god government wanted pray neither sacrilegious antireligious say separate government country stay business writing sanctioning official prayers leave purely religious function people people choose look religious guidance true new york establishment regents prayer officially approved religious doctrine state amount total establishment one particular religious sect exclusion others indeed governmental endorsement prayer seems relatively insignificant compared governmental encroachments upon religion commonplace years ago may subscribe view regents official prayer brief general danger religious freedom governmental establishment however may appropriate say words james madison author first amendment proper take alarm first experiment liberties see authority establish christianity exclusion religions may establish ease particular sect christians exclusion sects authority force citizen contribute three pence property support one establishment may force conform establishment cases whatsoever reversed remanded justice white took part consideration decision case footnotes trial opinion reported misc made clear board education must set sort procedures protect objected reciting prayer say rights accorded petitioners children free exercise clause mandate safeguards embarrassments pressures enough score however regulations adopted new york city board education connection released time program adopted making clear neither teachers school authority may comment participation nonparticipation exercise suggest require posture language used dress worn used worn nonparticipation may take form either remaining silent exercise parent child desires excused entirely exercise regulations must also make provision nonparticipants excused prayer exercise exact provision made matter decision board rather within framework constitutional requirements within framework fall provision prayer participants proceed common assembly nonparticipants attend rooms nonparticipants permitted arrive school minutes late attend separate opening exercises method treats equality participants nonparticipants misc see also opinion appellate division affirming trial reported app div misc edward vi entitled act uniformity service administration sacraments throughout realm edward vi entitled act abolishing putting away divers books images provisions various versions book common prayer set broad outline encyclopedia britannica vol ed pp complete description see pullan history book common prayer first major revision book common prayer made reign edward vi edward vi edward vi died succeeded mary abolished book common prayer entirely mary upon accession elizabeth book restored important alterations form given edward vi elizabeth resentment amended form book kept firmly control reign elizabeth upon death petition signed puritan ministers presented king james asking alterations book alterations made book retained substantially form completely suppressed result successful puritan revolution shortly restoration charles ii book reintroduced charles ii alterations rather accept form book puritan ministers vacated benefices see generally pullan history book common prayer pp encyclopaedia britannica ed vol pp example puritans twice attempted modify book common prayer attempted destroy story struggle modify book reign charles vividly summarized pullan history book common prayer xiii king actively supported members church england anxious vindicate catholic character maintain ceremonial elizabeth approved laud archbishop canterbury leader school equally resolute opposition distinctive tenets rome geneva enjoyed hatred jesuit calvinist helped scottish bishops made large concessions uncouth habits presbyterian worship draw book common prayer scotland contained communion office resembling book came use met bitter barbarous opposition vigour scottish protestants strengthened hands english sympathisers laud charles executed episcopacy abolished use book common prayer prohibited description laws enacted early theocratic governments new england see parrington main currents american thought vol pp whipple ancient liberties pp wertenbaker puritan oligarchy church england established church least five colonies maryland virginia north carolina south carolina georgia seems controversy whether church officially established new york new jersey doubt received substantial support see cobb rise religious liberty america pp massachusetts new hampshire connecticut congregationalist church officially established pennsylvania delaware christian sects treated equally situations catholics discriminated respects see generally cobb rise religious liberty america rhode island protestants enjoyed equal privileges clear whether catholics allowed vote compare fiske critical period american history cobb rise religious liberty america pp hening statutes virginia entitled act establishing religious freedom story events surrounding enactment law reviewed everson board education pp dissenting opinion justice rutledge pp see also fiske critical period american history pp james struggle religious liberty virginia thom struggle religious freedom virginia baptists cobb rise religious liberty america pp see cobb rise religious liberty america pp ttempts enforce legal sanctions acts obnoxious great proportion citizens tend enervate laws general slacken bands society difficult execute law generally deemed necessary salutary must case deemed invalid dangerous may effect striking example impotency government general authority memorial remonstrance religious assessments ii writings madison moreover weaken profess religion pious confidence innate excellence patronage author foster still reject suspicion friends conscious fallacies trust merits xperience witnesseth ecclesiastical establishments instead maintaining purity efficacy religion contrary operation almost fifteen centuries legal establishment christianity trial fruits less places pride indolence clergy ignorance servility laity superstition bigotry persecution enquire teachers christianity ages appeared greatest lustre every sect point ages prior incorporation civil policy memorial remonstrance religious assessments ii writings madison proposed establishment departure generous policy offering asylum persecuted oppressed every nation religion promised lustre country accession number citizens melancholy mark bill sudden degeneracy instead holding forth asylum persecuted signal persecution distant may present form inquisition differs degree one first step last career intolerance magnanimous sufferer cruel scourge foreign regions must view bill beacon coast warning seek liberty philanthropy due extent may offer certain repose troubles edward vi entitled act uniformity service administration sacraments throughout realm act repealed reign mary revived upon accession elizabeth see note supra reasons led enactment statute set preamble hath godly order set forth authority parliament common prayer administration sacraments used mother tongue within church england agreeable word god primitive church comfortable good people desiring live christian conversation profitable estate realm upon mercy favour blessing almighty god wise readily plenteously poured common prayers due using sacraments often preaching gospel devotion hearers yet notwithstanding great number people divers parts realm following sensuality living either without knowledge due fear god wilfully damnably almighty god abstain refuse come parish churches places common prayer administration sacraments preaching word god used upon sundays days ordained holydays bunyan account trial set forth relation imprisonment john bunyan reprinted grace abounding pilgrim progress brown ed vivid account persecutions see wertenbaker puritan oligarchy perhaps best example sort men came country precisely reason roger williams founder rhode island described truest christian amongst many sincerely desired christian parrington main currents american thought vol williams one earliest exponents doctrine separation church state believed separation necessary order protect church danger destruction thought inevitably flowed control even civil authorities unknowing zeale constantine emperours hurt christ jesus crowne kingdome raging fury bloody neroes persecutions later christians sweet fragrant like spice pounded beaten morters good emperours persecuting erroneous persons arrius advancing professours truths christ small number truths lost times maintaining religion materiall sword say meanes christianity ecclipsed professors fell asleep williams bloudy tenent persecution cause conscience discussed conference truth peace london reprinted narragansett club publications vol iii williams part business competence civil magistrate interfere religious matters hat imprudence indiscretion common affaires life conceive emperours kings rulers earth must qualified politicall state abilities make execute civill lawes may concerne common rights peace safety worke businesse load burthen enough ablest shoulders commonweal also furnished spirituall heavenly abilities governe spirituall christian commonweale see also 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 new york sponsored instance memorial remonstrance religious assessments ii writings madison justice douglas concurring customary deciding constitutional question treat narrowest form yet times setting question gives form content abstract treatment give point decision whether government constitutionally finance religious exercise system federal state levels presently honeycombed financing nevertheless think unconstitutional undertaking whatever form takes first word case involve plainly bill rights permit state federal government adopt official prayer penalize anyone utter however case element compulsion coercion new york regulation requiring public schools opened day following prayer almighty god acknowledge dependence upon thee beg thy blessings upon us parents teachers country short one need utter prayer teacher teacher complaining students stand mute even leave classroom desire mccollum board education decide case involved use public school facilities religious education students students either attend religious instruction go place school building pursuit secular studies reports presence absence made secular teachers influence teaching staff therefore brought bear student body support instilling religious principles present case school facilities used say prayer teaching staff employed lead pupils however effort indoctrination attempt exposition prayers course may long character amount attempt religious instruction denied public schools mccollum case new york prayer character involve element proselytizing mccollum case question presented case therefore extremely narrow one whether new york oversteps bounds finances religious exercise new york opening public schools open crier beginning announced convening added god save honorable utterance supplication prayer judges free join need recite students need recite new york prayer new york opening public schools house congress opening day business reverend frederick harris chaplain senate reverend bernard braskamp chaplain house guest chaplains various denominations also officiate new york teacher leads prayer public payroll time takes seems minuscule compared salaries appropriated state legislatures congress chaplains conduct prayers legislative halls bare fraction teacher time given reciting short prayer amount time crier spends announcing opening sessions offering prayer yet principle matter briefly prayer said instances given person praying public official public payroll performing religious exercise governmental institution said element coercion inherent giving prayer true also true prayer convened open congress adults let alone children leave courtroom senate house prayers given every audience sense captive audience time say authorize prayer establish religion strictly historic meaning words religion established usual sense merely letting choose say prayer public school teacher leads yet government finances religious exercise inserts divisive influence communities new york said prayer given conform tenets jewish unitarian ethical culture groups one petitioners agnostic religious people whose institutions presuppose zorach clauson bill rights free play given making religion active force lives religious leaven worked affairs people done individuals groups government mcgowan maryland dissenting opinion reason first amendment government commanded interest theology ritual matters government must neutral ibid first amendment leaves government position hostility religion neutrality philosophy atheist agnostic nonbeliever entitled go way philosophy government interferes matters spiritual divisive force first amendment teaches government neutral field religion better serves religious interests reasons underlying amendment policy vanished time diminished force adopted price religious freedom double church religion shall live within upon freedom freedom religion safeguarded state intervention church agencies state domain dependency largesse madison remonstrance par great condition religious liberty maintained free sustenance also interferences state comes rest upon secular foundation vanishes resting par public money devoted payment religious costs educational brings quest brings struggle sect sect larger share one numbers alone benefit another precisely history societies established religion dissident groups par thing jefferson madison experienced sought guard whether blunt screened forms ibid end strife destroy cherished liberty dominating group achieve dominant benefit embroil state dissensions par pp many aids religion country levels government mention federal level one might begin observing first congress wrote first amendment provided chaplains houses armed services compulsory chapel service academies religious services held federal hospitals prisons president issues religious proclamations bible used administration oaths funds available parochial schools depression veterans receiving money bill attend denominational schools payments made directly government world war ii federal money contributed denominational schools training nurses benefits national school lunch act available students private well public schools hospital survey construction act specifically made money available hospitals slogan god trust used treasury department congress recently added god pledge allegiance schools district columbia religious instruction given district national training school boys religious organizations exempt federal income tax granted postal privileges defined limits per cent adjusted gross income individuals per cent net income corporations contributions religious organizations deductible federal income tax purposes limits deductibility gifts bequests religious institutions made federal gift estate tax laws list federal aids easily expanded course long list state fellman limits freedom pp west point cadets required attend chapel sunday requirement obtains naval academy air force academy except first classmen catalogue see honeywell chaplains army jorgensen service chaplains army air units vol new york legislature follows procedure see vol assembly vol senate rules senate provide calendar day session shall open prayer see rule iii senate manual doc sess true rules house see rule vii rules house representatives doc sess chaplains senate house receive annually see stat assume make difference present case different prayer said every day ministers community rotated giving prayer petitioners present case profess religion pledge allegiance like prayer recognizes existence since contained words one nation god indivisible liberty justice house report recommending addition words god stated words way run contrary first amendment recognize guidance god national affairs see sess senator ferguson sponsored measure senate pointed words god trust entrance senate chamber cong rec added felt pledge allegiance flag stands america recognize creator really believe control destinies great republic true constitution power lodged anywhere establish religion attempt establish religion nothing anything kind relates belief god sincerely repose trust know america defended guns planes ships alone appropriations expenditures defense value god live believes right times recognize god province lives people great nation ibid see cong rec et seq debates house official recognition motto given adoption banner national anthem one stanza national anthem follows thus ever freemen shall stand lov home war desolation blest peace may rescued land praise power hath made preserved us nation conquer must cause motto god trust banner triumph shall wave land free home brave view words national anthem clear god trust strong claim national motto fact taxpayers standing federal courts raise issue frothingham mellon course justification drawing line done new york one hand congress matter prayer analogizes present case involving traditional established church established church anglican baptisms marriages take place church supported taxation ways anglican church favored others first amendment put end placing one church preferred position ended support church churches taxation went prevented secular sanction religious ceremony dogma rite thus prevents civil penalties applied recalcitrants nonconformists communities christmas tree purchased taxpayers money tree sometimes decorated words peace earth goodwill men times authorities draw different version bible says peace earth men goodwill christmas suppose still religious celebration merely day put calendar benefit merchants religion deemed function public school system northwest ordinance antedated first amendment provided article iii religion morality knowledge necessary good government happiness mankind schools means education shall forever encouraged justice stewart dissenting local school board new york provided pupils wish may join brief prayer beginning school day acknowledging dependence upon god asking blessing upon upon parents teachers country today decides permitting brief nondenominational prayer school board violated constitution think decision wrong hold new york interfered free exercise anybody religion state courts made clear object reciting prayer must entirely free compulsion including embarrassments pressures cf west virginia state board education barnette says permitting school children say simple prayer new york authorities established official religion respect think misapplied great constitutional principle see official religion established letting want say prayer say contrary think deny wish school children join reciting prayer deny opportunity sharing spiritual heritage nation historical review quarrels book common prayer england throws light issue us case england established church equally unenlightening think history early establishment later rejection official church deal establishment state church course constitutionally impermissible whether school children want begin day joining prayer must prohibited moreover think task areas constitutional adjudication responsibly aided uncritical invocation metaphors like wall separation phrase nowhere found constitution relevant issue history established church sixteenth century england eighteenth century america history religious traditions people reflected countless practices institutions officials government opening day session stand one officials invokes protection god since days john marshall crier said god save honorable senate house representatives open daily sessions prayer presidents george washington john kennedy upon assuming office asked protection help god today says state federal governments without constitutional power prescribe particular form words recited group american people subject touching religion one stanzas banner made national anthem act congress contains verses blest victory peace may rescued land praise hath made preserved us nation conquer must cause motto god trust countless similar examples listed need belabor obvious summed ten years ago single sentence religious people whose institutions presuppose zorach clauson believe congress president actions practices mentioned established official religion violation constitution believe state new york done case done recognize follow deeply entrenched highly cherished spiritual traditions nation traditions come us almost two hundred years ago avowed firm reliance protection divine providence proclaimed freedom independence brave new world dissent see warren history vol see rule iii senate manual doc sess see rule vii rules house representatives doc sess example april president george washington said peculiarly improper omit first official act fervent supplications almighty rules universe presides councils nations whose providential aids supply every human defect benediction may consecrate liberties happiness people government instituted essential purposes may enable every instrument employed administration execute success functions allotted charge tendering homage great author every public private good assure expresses sentiments less large less either people bound acknowledge adore invisible hand conducts affairs men thus imparted sentiments awakened occasion brings us together shall take present leave without resorting benign parent human race humble supplication since pleased favor american people opportunities deliberating perfect tranquillity dispositions deciding unparalleled unanimity form government security union advancement happiness divine blessing may equally conspicuous enlarged views temperate consultations wise measures success government must depend may patron order fountain justice protector ages world virtuous liberty continue blessing upon nation government give possible success duration consistent ends providence shall need favor whose hands led fathers israel old native land planted country flowing necessaries comforts life covered infancy providence riper years wisdom power whose goodness ask join supplications enlighten minds servants guide councils prosper measures whatsoever shall result good shall secure peace friendship approbation nations source look counsels representing departments associated care national interests confidence every difficulty best placed next encouraged feel guardianship guidance almighty whose power regulates destiny nations whose blessings conspicuously dispensed rising republic bound address devout gratitude past well fervent supplications best hopes future fondly hope fervently pray mighty scourge war may speedily pass away yet god wills continue wealth piled bondsman two hundred fifty years unrequited toil shall sunk every drop blood drawn lash shall paid another drawn sword said three thousand years ago still must said judgments lord true righteous altogether malice toward none charity firmness right god gives us see right let us strive finish work bind nation wounds care shall borne battle widow orphan may achieve cherish lasting peace among nations let us trust human effort alone humbly acknowledging power goodness almighty god presides destiny nations times revealed country history let us invoke aid blessing upon labors pray god may given wisdom prudence duty true spirit great people dedication nation humbly ask blessing god may protect every one us may guide days come else seek upon common labor nation blessings almighty god hopes hearts fashion deepest prayers whole people world different yet revolutionary beliefs forebears fought still issue around globe belief rights man come generosity state hand god good conscience sure reward history final judge deeds let us go forth lead land love asking blessing help knowing earth god work must truly brother douglas says question us whether government constitutionally finance religious exercise official chaplains congress paid public money military chaplains state federal prison chaplains stat stat stat stat current provisions embodied loss understand unsupported ipse dixit official expressions religious faith reliance upon bear true resemblance unquestioned religious exercise state new york sponsored instance see ante hardly think means say first amendment imposes lesser restriction upon federal government fourteenth amendment upon suggesting constitution permits judges congressmen presidents join prayer prohibits school children declaration independence ends sentence support declaration firm reliance protection divine providence mutually pledge lives fortunes sacred honor