wallace jaffree argued december decided june proceedings instituted federal district appellees challenged constitutionality inter alia alabama statute authorizing period silence public schools meditation voluntary prayer although finding effort encourage religious activity district ultimately held establishment clause first amendment prohibit state establishing religion appeals reversed held section law respecting establishment religion thus violates first amendment pp proposition several greater power restrain individual freedoms protected first amendment congress firmly embedded constitutional jurisprudence first amendment adopted curtail congress power interfere individual freedom believe worship express accordance dictates conscience fourteenth amendment imposed substantive limitations power legislate individual freedom choose creed counterpart right refrain accepting creed established majority moreover individual freedom conscience protected first amendment embraces right select religious faith none pp one criteria determining constitutionality statute establishment clause statute must secular legislative purpose lemon kurtzman first amendment requires statute must invalidated entirely motivated purpose advance religion pp record establishes purpose endorse religion also reveals enactment statute motivated clearly secular purpose particular statements sponsor legislative record testimony district indicate legislation solely effort return voluntary prayer public schools moreover unrebutted evidence legislative intent confirmed consideration relationship two alabama statutes one enacted sequel authorized teachers lead willing students prescribed prayer enacted predecessor authorized period silence meditation state endorsement enactment prayer activities beginning schoolday consistent established principle government must pursue course complete neutrality toward religion pp stevens delivered opinion brennan marshall blackmun powell joined powell filed concurring opinion post filed opinion concurring judgment post burger post white post rehnquist post filed dissenting opinions together smith et al jaffree et also appeal john baker argued cause appellants cases filed briefs appellant wallace thomas kotouc thomas parker iv filed briefs appellants deputy solicitor general bator argued cause amicus curiae urging reversal brief solicitor general lee assistant attorney general reynolds michael mcconnell brian landsburg ronnie williams argued cause filed brief fn briefs amici curiae urging reversal filed state delaware et al charles oberly iii attorney general delaware fred silverman state solicitor susan barbara macdonald deputy attorneys general robert corbin attorney general arizona linley pearson attorney general indiana william guste attorney general louisiana michael turpen attorney general oklahoma gerald baliles attorney general virginia state connecticut joseph lieberman attorney general henry cohn assistant attorney general clarine nardi riddle center judicial studies charles rice christian legal society et al forest montgomery samuel ericsson freedom council james knicely john whitehead legal foundation america david crump moral majority william bentley ball philip murren winston anderson et al alfred mainini briefs amici curiae urging affirmance filed american civil liberties union et al jack novik burt neuborne john sexton nathan dershowitz american jewish congress et al marc stern justin finger jeffrey sinensky lowell weicker stanley twardy justice stevens delivered opinion early stage litigation constitutionality three alabama statutes questioned enacted authorized period silence public schools meditation enacted authorized period silence meditation voluntary prayer enacted authorized teachers lead willing students prescribed prayer almighty god creator judge world stage case district distinguished two statutes held nothing wrong invalid sole purpose effort part state alabama encourage religious activity trial merits district change interpretation two statutes held constitutional opinion alabama power establish state religion chooses appeals agreed district initial interpretation purpose held unconstitutional already affirmed appeals holding respect moreover appellees questioned holding valid thus narrow question decision whether authorizes period silence meditation voluntary prayer law respecting establishment religion within meaning first amendment appellee ishmael jaffree resident mobile county alabama may filed complaint behalf three minor children two students third kindergarten complaint named members mobile county school board various school officials minor plaintiffs three teachers defendants complaint alleged appellees brought action seeking principally declaratory judgment injunction restraining defendants maintaining allowing maintenance regular religious prayer services forms religious observances mobile county public schools violation first amendment made applicable fourteenth amendment constitution complaint alleged two children subjected various acts religious indoctrination beginning school year september defendant teachers daily basis led classes saying certain prayers unison minor children exposed ostracism peer group class members participate ishmael jaffree repeatedly unsuccessfully requested devotional services stopped original complaint made reference alabama statute june appellees filed amended complaint seeking class certification june filed second amended complaint naming governor alabama various state officials additional defendants amendment appellees challenged constitutionality three alabama statutes august district held evidentiary hearing appellees motion preliminary injunction hearing state senator donald holmes testified prime sponsor bill enacted explained bill effort return voluntary prayer public schools beginning step right direction apart purpose return voluntary prayer public school senator holmes unequivocally testified purpose mind week hearing district entered preliminary injunction held appellees likely prevail merits enactment reflect clearly secular purpose november district held trial merits evidence related primarily academic year year enactment prior enactment district found academic year minor plaintiffs teachers led classes prayer activities even informed appellees objections activities lengthy conclusions law district reviewed number opinions interpreting establishment clause first amendment embarked fresh examination question whether first amendment imposes barrier establishment official religion state alabama reviewing length perceived newly discovered historical evidence district concluded establishment clause first amendment constitution prohibit state establishing religion separate opinion district dismissed appellees challenge three alabama statutes failure state claim relief granted dismissal challenge also based conclusion establishment clause bar establishing religion appeals consolidated two cases surprisingly reversed appeals noted considered rejected historical arguments district found persuasive district misapplied doctrine stare decisis appeals held teachers religious activities violated establishment clause first amendment respect appeals stated statutes advance encourage religious activities appeals quoted approval district finding efforts encourage religious activity even though statutes permissive form nevertheless state involvement respecting establishment religion thus appeals concluded statutes specifically type addressed engel vitale suggestion rehearing en banc denied dissent four judges expressed opinion full reconsider panel decision insofar held unconstitutional noted probable jurisdiction limited argument question four judges thought worthy reconsideration judgment appeals respect issues presented appeals affirmed wallace jaffree ii unanimous affirmance appeals judgment concerning makes unnecessary comment length district remarkable conclusion federal constitution imposes obstacle alabama establishment state religion analyzing precise issue presented us nevertheless appropriate recall firmly embedded constitutional jurisprudence proposition several greater power restrain individual freedoms protected first amendment congress plain text first amendment adopted curtail power congress interfere individual freedom believe worship express accordance dictates conscience fourteenth amendment added constitution first amendment restraints exercise federal power simply apply constitution amended prohibit state depriving person liberty without due process law amendment imposed substantive limitations power legislate first amendment always imposed congress power confirmed endorsed elementary proposition law time time writing unanimous cantwell connecticut justice roberts explained hold statute construed applied appellants deprives liberty without due process law contravention fourteenth amendment fundamental concept liberty embodied 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 constitutional inhibition legislation subject religion 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 begin proposition right freedom thought protected first amendment state action includes right speak freely right refrain speaking see board education barnette murphy concurring system secures right proselytize religious political ideological causes must also guarantee concomitant right decline foster concepts right speak right refrain speaking complementary components broader concept individual freedom mind barnette supra faced state statute required public school students participate daily public ceremonies honoring flag words traditional salute gestures overruling prior decision minersville district gobitis held ceremony touching matters opinion political attitude may imposed upon individual official authority powers committed political organization constitution compelling affirmative act flag salute involved serious infringement upon personal liberties passive act carrying state motto license plate difference essentially one degree barnette faced state measure forces individual part daily life indeed constantly automobile public view instrument fostering public adherence ideological point view finds unacceptable state invades sphere intellect spirit purpose first amendment constitution reserve official control wooley maynard justice jackson eloquently stated west virginia board education barnette fixed star constitutional constellation official high petty prescribe shall orthodox politics nationalism religion matters opinion force citizens confess word act faith therein iii called upon construe breadth establishment clause examined criteria developed period many years thus lemon kurtzman wrote every analysis area must begin consideration cumulative criteria developed many years three tests may gleaned cases first statute must secular legislative purpose second principal primary effect must one neither advances inhibits religion board education allen finally statute must foster excessive government entanglement religion walz tax applying purpose test appropriate ask whether government actual purpose endorse disapprove religion case answer question dispositive record provides us unambiguous affirmative answer also reveals enactment motivated clearly secular purpose indeed statute secular purpose iv sponsor bill became senator donald holmes inserted legislative record apparently without dissent statement indicating legislation effort return voluntary prayer public schools later senator holmes confirmed purpose district response question whether purpose legislation returning voluntary prayer public schools stated purpose mind state present evidence secular purpose unrebutted evidence legislative intent contained legislative record testimony sponsor confirmed consideration relationship statute two measures considered case district found statute sequel common nonsecular purpose wholly religious character later enactment plainly evident text differences predecessor examined equally clear statute wholly religious character three textual differences earlier statute applies grades one six whereas applies grades earlier statute uses word shall whereas uses word may earlier statute refers meditation whereas refers meditation voluntary prayer first difference relevance litigation minor appellees kindergarten second grade academic year second difference also impact litigation mandatory language continued apply grades one six thus significant textual difference addition words voluntary prayer legislative intent return prayer public schools course quite different merely protecting every student right engage voluntary prayer appropriate moment silence schoolday statute already protected right containing nothing prevented student engaging voluntary prayer silent minute meditation appellants identified secular purpose fully served enactment thus two conclusions consistent text statute enacted convey message state endorsement promotion prayer statute enacted purpose one suggests statute nothing meaningless irrational act must therefore conclude alabama legislature intended change existing law motivated purpose governor answer second amended complaint expressly admitted statement inserted legislative history revealed senator holmes testimony frankly described legislature enacted despite existence sole purpose expressing state endorsement prayer activities one minute beginning schoolday addition voluntary prayer indicates state intended characterize prayer favored practice endorsement consistent established principle government must pursue course complete neutrality toward religion importance principle permit us treat inconsequential case involving nothing words symbolic speech behalf political majority whenever state speaks religious subject one questions must ask whether government intends convey message endorsement disapproval religion concurrent findings district appeals intended convey message state approval prayer activities public schools make unnecessary indeed inappropriate evaluate practical significance addition words voluntary prayer statute keeping mind must fundamental place held establishment clause constitutional scheme myriad subtle ways establishment clause values eroded conclude violates first amendment judgment appeals affirmed ordered footnotes commencement first class day first sixth grades public schools teacher charge room class held shall announce period silence exceed one minute duration shall observed meditation period silence shall maintained activities engaged alabama code supp provides commencement first class day grades public schools teacher charge room class held may announce period silence exceed one minute duration shall observed meditation voluntary prayer period activities shall engaged alabama code supp provides henceforth teacher professor public educational institution within state alabama recognizing lord god one beginning homeroom class may pray may lead willing students prayer may lead willing students following prayer god almighty god alone god acknowledge creator judge world may justice truth peace abound day hearts countrymen counsels government sanctity homes classrooms schools name lord amen stated find potential infirmity statute prescribes nothing child school shall right meditate silence nothing wrong little meditation quietness jaffree james supp sd ibid jaffree board school mobile county supp sd wallace jaffree see supra establishment clause first amendment course long held applicable everson board education app ibid see nn supra app jaffree james supp sd see lemon kurtzman insofar relevant issue us district explained injury plaintiffs possible establishment religion state alabama contrary proscription establishment clause outweighs indirect harm may occur defendants result injunction granting injunction merely maintain status quo existing prior enactment statutes purpose senate bill evidenced preamble provide prayer may given public schools senator holmes testified purpose sponsoring return voluntary prayer public schools intended provide children opportunity sharing spiritual heritage alabama country see alabama senate journal fifth circuit explained prayer primary religious activity karen treen cir state may employ religious means public schools abington school district schempp since statutes reflect clearly secular purpose consideration remaining lemon test necessary enactment senate bill effort part state alabama encourage religious activity even though statutes permissive form nevertheless state involvement respecting establishment religion engel vitale thus binding precedent duty follow indicates substantial likelihood plaintiffs prevail merits district wrote defendant boyd early september led class dickson singing following phrase god great god good let us thank food bow heads fed give us lord daily bread amen recitation phrase continued daily basis throughout school year defendant pixie alexander led class craighead reciting following phrase god great god good let us thank food defendant pixie alexander class recite following known lord prayer father heaven hallowed thy name thy kingdom come thy done earth heaven give us day daily bread forgive us debts forgive debtors lead us temptation deliver us evil thine kingdom power glory forever amen recitation phrases continued daily basis throughout school year green admitted frequently leads class singing following song health strength daily food praise thy name oh lord activity continued throughout school year despite fact green knowledge plaintiff want child exposed song jaffree board school mobile county jaffree james supp sd district opinion announced january february justice powell capacity circuit justice eleventh circuit entered stay effect prevented district dissolving preliminary injunction entered august justice powell accurately summarized prior proceedings situation quite briefly follows beginning fall teachers minor applicants schools conducted prayers regular classes including group recitations lord prayer time alabama statute provided period silence meditation voluntary prayer commencement day classes public elementary schools code supp alabama enacted statute permitting public school teachers lead classes prayer acts applicants objecting prayer public schools filed suit enjoin activities later amended complaint challenge applicable state statutes hearing district granted preliminary injunction jaffree james supp recognized bound decisions decisions obligated enjoin enforcement statutes subsequent decision merits however district reached different conclusion jaffree board school commissioners mobile county supp recognized prayers issue given public school classes led teachers violative establishment clause first amendment clause construed district nevertheless ruled erred therefore dismissed complaint dissolved injunction little doubt district correct finding conducting prayers part school program unconstitutional decisions engel vitale held establishment clause first amendment made applicable fourteenth amendment prohibits state authorizing prayer public schools following term murray curlett decided abington school district schempp explicitly invalidated school district rule providing reading lord prayer part school opening exercises despite fact participation exercises voluntary unless reconsiders foregoing decisions appear control case view district obligated follow jaffree board school mobile county appeals wrote stare decisis doctrine exceptions apply lower compelled apply precedent higher see jur courts federal district courts circuit courts bound adhere controlling decisions hutto davis justice rehnquist emphasized importance precedent observed unless wish anarchy prevail within federal judicial system precedent must followed lower federal courts matter misguided judges courts may think davis see also thurston motor lines jordan rand per curiam decision recently stated needless say may overrule one precedents denied petition writ certiorari presented question whether establishment clause prohibited teachers religious prayer activities board school mobile county jaffree ibid ibid noting invalidity aggravated existence government composed prayer proponents legislation admitted section amounts establishment state religion added comment objective meditation prayer statute code also advancement religion fact recognized district hearing preliminary relief established intent statute return prayer public schools james supp existence fact inclusion prayer obviously involves state religious activities beck mcelrath supp md demonstrates lack secular legislative purpose part alabama legislature additionally statute primary effect advancing religion imply simple meditation silence barred public schools hold state participate advancement religious activities guise including meditation activity concerns us purpose activity shall scrutinize thus existence elements require also hold section violation establishment clause per curiam first amendment provides congress shall make law respecting establishment religion prohibiting free exercise thereof abridging freedom speech press right people peaceably assemble petition government redress grievances see permoli municipality city new orleans see wooley maynard right refuse endorsement offensive state motto terminiello chicago right free speech west virginia board education barnette right refuse participate ceremony offends one conscience cantwell connecticut right proselytize one religious faith hague cio opinion stone right assemble peaceably near minnesota ex rel olson right publish unpopular newspaper whitney california brandeis concurring right advocate cause communism gitlow new york holmes dissenting right express unpopular opinion cf abington school district schempp approvingly quoted board education minor ohio stated great bulk human affairs human interests left free government individual enterprise individual action religion eminently one interests lying outside true legitimate province government example prince massachusetts wrote position appellant seeks freedom conscience broader protection freedom mind may doubted great liberties insured first article given higher place others preferred position basic scheme schneider state cantwell connecticut interwoven together differences modes appropriate exercise unity charter prime place unity human sources functioning see also widmar vincent stating religious worship discussion forms speech association protected first amendment thus joseph story wrote probably time adoption constitution amendment consideration first amendment general universal sentiment america christianity receive encouragement state far incompatible private rights conscience freedom religious worship attempt level religions make matter state policy hold utter indifference created universal disapprobation universal indignation story commentaries constitution omitted real object amendment countenance much less advance mahometanism judaism infidelity prostrating christianity exclude rivalry among christian sects prevent national ecclesiastical establishment give hierarchy exclusive patronage national government thus cut means religious persecution vice pest former ages subversion rights conscience matters religion trampled upon almost days apostles present age emphasis supplied thus everson board education stated establishment religion clause first amendment means least neither state federal government set church neither pass laws aid one religion aid religions prefer one religion another memorial remonstrance religious assessments james madison wrote part hold fundamental undeniable truth religion duty owe creator manner discharging directed reason conviction force violence religion every man must left conviction conscience every man right every man exercise may dictate right nature unalienable right unalienable opinions men depending evidence contemplated minds follow dictates men unalienable also right towards men duty towards creator duty every man render creator homage believes acceptable maintain therefore matters religion man right abridged institution civil society religion wholly exempt cognizance proper take alarm first experiment liberties hold prudent jealousy first duty citizens one noblest characteristics late revolution freemen america wait till usurped power strengthened exercise entangled question precedents saw consequences principle avoided consequences denying principle revere lesson much soon forget see authority establish christianity exclusion religions may establish ease particular sect christians exclusion sects complete madison padover ed barnette opinion explained teaching history rather appraisal quality state motive supports duty respect basic freedoms struggles coerce uniformity sentiment support end thought essential time country waged many good well evil men nationalism relatively recent phenomenon times places ends racial territorial security support dynasty regime particular plans saving souls first moderate methods attain unity failed bent accomplishment must resort severity governmental pressure toward unity becomes greater strife becomes bitter whose unity shall probably deeper division people proceed provocation finding necessary choose doctrine whose program public educational officials shall compel youth unite embracing ultimate futility attempts compel coherence lesson every effort roman drive stamp christianity disturber pagan unity inquisition means religious dynastic unity siberian exiles means russian unity fast failing efforts present totalitarian enemies begin coercive elimination dissent soon find exterminating dissenters compulsory unification opinion achieves unanimity graveyard see supra see lynch donnelly concurring brennan joined marshall blackmun stevens dissenting mueller allen widmar vincent stone graham per curiam wolman walter lynch donnelly concurring purpose prong lemon test asks whether government actual purpose endorse disapprove religion effect prong asks whether irrespective government actual purpose practice review fact conveys message endorsement disapproval affirmative answer either question render challenged practice invalid statement indicated pertinent part gentlemen passage bill alabama legislature children state opportunity sharing spiritual heritage state country well state alabama founded people believe god believe effort return voluntary prayer public schools return us original position writers constitution local philosophies beliefs hundreds alabamans urged continuous support permitting school prayer since coming alabama senate worked hard legislation accomplish return voluntary prayer public schools return basic moral fiber app emphasis added district appeals agreed purpose effort part state alabama encourage religious activity jaffree james evidence presented district elaborated express admission governor alabama fob james enactment intended clarify state intent prayer part daily classroom activity compare second amended complaint app governor answer app expressed legislative purpose enacting section return voluntary prayer public schools compare second amended complaint app governor answer app appellant governor george wallace argues best understood permissible accommodation religion viewed even terms lemon test statute conforms acceptable constitutional criteria brief appellant wallace see also brief appellants smith et al accommodates free exercise religious beliefs free exercise speech belief affected arguments seem based theory free exercise religion state citizens burdened statute enacted appearing amicus curiae support appellants candidly acknowledges unlikely contexts strong free exercise claim made time personal prayer must set aside school day brief amicus curiae basis suggestion means accommodating religious meditative needs students without way diminishing school neutrality secular atmosphere case undisputed time enactment governmental practice impeding students silently praying one minute beginning schoolday thus need accommodate exempt individuals general governmental requirement dictates cases interpreting free exercise clause see thomas review board indiana employment security sherbert verner see also abington school district schempp free exercise clause clearly prohibits use state action deny rights free exercise anyone never meant majority use machinery state practice beliefs missing appellants eyes time enactment therefore precisely aspect makes statute unconstitutional state endorsement promotion religion particular religious practice see supra indeed persons meditation may form prayer larson larson book cults whittier silent prayer meditation world religions congressional research service conclusion statute purpose tenable remain true purpose secular purpose conclusion inconsistent presumption statutes usually enacted change existing law appellants even suggest state purpose enacting champlin refining statute divorced circumstances existing time passed refusing attribute pointless purpose congress absence facts contrary national city lines rejecting government argument congress desire change law enacting legislation see stone graham per curiam committee public education religious liberty nyquist proper respect free exercise establishment clauses compels state pursue course neutrality toward religion epperson arkansas abington school district schempp engel vitale neither fact prayer may denominationally neutral fact observance part students voluntary serve free limitations establishment clause illinois ex rel mccollum board education everson board education stated engel vitale 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 child offered alternative may reduce constraint eliminate operation influence school matters sacred conscience outside school domain law imitation operates outstanding characteristic children boards education educating young citizenship reason scrupulous protection constitutional freedoms individual strangle free mind source teach youth discount important principles government mere platitudes west virginia board education barnette lynch donnelly concurring purpose prong lemon test requires government activity secular purpose proper inquiry purpose prong lemon whether government intends convey message endorsement disapproval religion justice powell concurring concur opinion judgment code supp violates establishment clause first amendment concurrence prompted alabama persistence attempting institute prayer public schools enacting three successive statutes agree fully justice assertion statutes may constitutional suggestion set forth opinion well ante write separately express additional views respond criticism lemon test lemon kurtzman identifies standards proved useful analyzing case case decisions courts coherent test majority ever adopted since decision lemon supra addressed establishment clause issue without resort test see marsh chambers lemon supra overruled test modified yet continued criticism encourage courts feel free decide establishment clause cases ad hoc basis first inquiry lemon whether challenged statute secular legislative purpose lemon kurtzman supra justice recognizes secular purpose must sincere law pass constitutional muster secular purpose articulated legislature merely sham post concurring judgment stone graham per curiam example held statute requiring posting ten commandments public schools violated establishment clause even though kentucky legislature asserted goal educational interpreted first prong lemon supra however requiring statute exclusively secular objectives lynch donnelly requirement existed much conduct legislation approved past invalidated see walz tax new york property tax exemption religious organizations upheld everson board education holding township may reimburse parents cost transporting children parochial schools record us however makes clear alabama purpose solely religious character senator donald holmes sponsor bill became alabama code supp freely acknowledged purpose statute return voluntary prayer public schools see ante agree justice single legislator statement particularly made following enactment necessarily sufficient establish purpose see post concurring judgment noted opinion religious purpose manifested evidence including sequence history three alabama statutes see ante also consider critical importance neither district appeals found secular purpose agreed purpose advance religion first opinion enjoining enforcement pending hearing merits district said statute reflect clearly secular purpose jaffree james supp sd instead district found enactment statute effort part state alabama encourage religious activity ibid appeals likewise applied lemon test found lack secular purpose part alabama legislature held objective advancement religion ibid courts unable discern arguably valid secular purpose normally hesitate find one vote uphold alabama statute also clear secular purpose see mueller allen reluctan attribute unconstitutional motives particularly plausible secular purpose state program may discerned face statute nothing record us however identifies clear secular purpose state also failed identify nonreligious reason statute enactment circumstances required precedents hold statute fails first prong lemon test therefore violates establishment clause although reach two prongs lemon test note effect straightforward statute unlikely advanc inhibi religion see board education allen statute foster excessive government entanglement religion lemon kurtzman quoting walz tax join opinion judgment three statutes code supp moment silent meditation code supp moment silence meditation prayer code supp teachers authorized lead students vocal prayer statutes enacted span four years question whether repealed implication already summarily affirmed appeals holding invalid wallace jaffree thus opinions today address validity see ante justice correct stating statutes treated manner providing vocal prayer moment silence public schools different vocal prayer bible reading first moment silence inherently religious silence unlike prayer bible reading need associated religious exercise second pupil participates moment silence need compromise beliefs moment silence student objects prayer left thoughts compelled listen prayers thoughts others simple reasons moment silence statute stand fall establishment clause according regards vocal prayer bible reading scholars least one member recognized distinction suggested moment silence public schools constitutional see abington brennan concurring observance moment reverent silence opening class may serve solely secular purposes devotional activities without jeopardizing either religious liberties members community proper degree separation spheres religion government tribe american constitutional law freund legal issue religion public schools choper kauper prayer public schools mich rev general matter agree difficult discern serious threat religious liberty room silent thoughtful schoolchildren post concurring judgment justice asserts standards announced lemon reexamined refined order make useful achieving underlying purpose first amendment post concurring judgment justice rehnquist discard lemon test entirely post dissenting state text lemon test applied consistently establishment clause cases since adopted word law respect stare decisis require us follow lemon see garcia san antonio metropolitan transit authority powell dissenting stability judicial decision respect authority served precipitous overruling multiple precedents marsh chambers held nebraska legislature practice opening day session prayer chaplain paid state violate establishment clause first amendment holding based upon historical acceptance practice become part fabric society lemon kurtzman carefully considered opinion chief justice joined six justices lemon test repeatedly followed committee public education religious liberty nyquist example applied test lemon lynch donnelly said confined single test criterion sensitive area decision lynch like marsh chambers based primarily long historical practice including religious symbols celebration christmas nevertheless without criticism lemon applied test facts case focused question whether secular purpose display creche opinion recognizes statute motivated part religious purpose may satisfy first criterion ante simply holds statute must invalidated entirely motivated purpose advance religion ibid emphasis added subsequent decision merits district held prayer public schools even led teacher violate establishment clause first amendment district recognized decision inconsistent engel vitale decisions district nevertheless ruled decision justified erred jaffree board school mobile county supp sd capacity circuit justice stayed judgment district pending appeal appeals eleventh circuit jaffree board school mobile county chambers instead state criticizes lemon test asserts principal problems test stem purpose prong see brief appellant wallace et seq necessary reach effects prong lemon concerned primarily effect minds feelings immature pupils justice notes moment silence student objects prayer even prayer may purpose left thoughts compelled listen prayers thoughts others post concurring judgment given types subjects youthful minds primarily concerned unlikely many children use simple moment silence time religious prayer many subjects mind typical child yet also likelihood children raised strongly religious families properly use moment reflect religion choice justice concurring judgment nothing constitution interpreted laws state alabama prohibits public school students voluntarily praying time schoolday alabama facilitated voluntary silent prayers students inclined enacting code supp provides moment silence appellees schools day parties proceedings concede validity enactment issue appeals constitutional validity additional subsequent alabama statute code supp district appeals concluded enacted solely officially encourage prayer moment silence agree judgment light findings courts history enactment alabama code violates establishment clause first amendment view little doubt purpose likely effect subsequent enactment endorse sponsor voluntary prayer public schools write separately identify peculiar features alabama law render invalid explain moment silence laws necessarily manifest infirmity also write explain neither history free exercise clause first amendment validates alabama law struck today religion clauses first amendment coupled fourteenth amendment guarantee ordered liberty preclude nation making law respecting establishment religion prohibiting free exercise thereof cantwell connecticut although distinct jurisprudence enveloped clauses common purpose secure religious liberty see engel vitale principles remains unanimous cases demonstrate however far easier agree purpose underlies first amendment establishment free exercise clauses obtain agreement standards govern application walz tax opinion harlan appeared developed workable standard identify impermissible government establishments religion see lemon kurtzman familiar lemon test statutes must secular legislative purpose principal primary effect neither advances inhibits religion addition must foster excessive government entanglement religion despite initial promise lemon test proved problematic required inquiry entanglement modified questioned see mueller allen one case upheld state action establishment clause challenge without applying lemon test marsh chambers author lemon apparently questions test general applicability see lynch donnelly justice rehnquist today suggests abandon lemon entirely process limit reach establishment clause state discrimination sects government designation particular church state national one post perhaps new struggle ready abandon aspects lemon test believe however standards announced lemon reexamined refined order make useful achieving underlying purpose first amendment must strive erect constitutional signpost hunt mcnair followed ignored particular case predilections may dictate instead goal frame principle constitutional adjudication grounded history language first amendment one also capable consistent application relevant problems choper religion public schools proposed constitutional standard rev footnotes omitted last term proposed refinement lemon test goal mind lynch donnelly concurring opinion lynch concurrence suggested religious liberty protected establishment clause infringed government makes adherence religion relevant person standing political community direct government action endorsing religion particular religious practice invalid approach sends message nonadherents outsiders full members political community accompanying message adherents insiders favored members political community view lemon inquiry purpose effect statute requires courts examine whether government purpose endorse religion whether statute actually conveys message endorsement endorsement test useful analytic content gives inquiry legislative purpose effect country church state must necessarily operate within community coexistence inevitable secular interests government religious interests various sects adherents frequently intersect conflict combine statute ostensibly promotes secular interest often incidental even primary effect helping hindering sectarian belief chaos ensue every statute invalid establishment clause example state criminalize murder fear thereby promote biblical command killing task sort statutes government practices whose purpose effect go grain religious liberty protected first amendment endorsement test preclude government acknowledging religion taking religion account making law policy preclude government conveying attempting convey message religion particular religious belief favored preferred endorsement infringes religious liberty nonadherent hen power prestige financial support government placed behind particular religious belief indirect coercive pressure upon religious minorities conform prevailing officially approved religion plain engel vitale supra issue today whether state moment silence statutes general alabama moment silence statute particular embody impermissible endorsement prayer public schools permit require public school teachers students observe moment silence classrooms statutes provide moment silence purpose meditation alone see rev stat ann stat laws typical statute however calls moment silence beginning schoolday students may meditate pray reflect activities day see ark stat ann code ann rev ch ind code stat ann stat tit purdon supp federal trial courts divided constitutionality moment silence laws compare gaines anderson supp mass upholding statute may cooperman supp nj striking statute duffy las cruces public schools supp nm beck mcelrath supp md see also walter west virginia board education civ action sd mar striking state constitutional amendment relying decisions disapproving vocal prayer bible reading public schools see abington school district schempp engel vitale courts struck moment silence statutes generally conclude purpose effect encourage prayer public schools engel abington decisions dispositive constitutionality moment silence laws cases public school teachers students led classes devotional exercises engel new york statute required teachers lead classes vocal prayer concluded part business government compose official prayers group american people recite part religious program carried government abington addressed pennsylvania maryland statutes authorized morning bible readings public schools reviewed purpose effect statutes concluded required religious exercises therefore found violate establishment clause statutes student share religious beliefs expressed course exercise left choice participating thereby compromising nonadherent beliefs withdrawing thereby calling attention nonconformity decisions acknowledge coercion implicit statutory schemes see engel supra expressly turned fact government sponsoring manifestly religious exercise moment silence public schools different vocal prayer bible reading first moment silence inherently religious silence unlike prayer bible reading need associated religious exercise second pupil participates moment silence need compromise beliefs moment silence student objects prayer left thoughts compelled listen prayers thoughts others simple reasons moment silence statute stand fall establishment clause according regards vocal prayer bible reading scholars least one member recognized distinction suggested moment silence public schools constitutional see abington supra brennan concurring observance moment reverent silence opening class may serve solely secular purposes devotional activities without jeopardizing either religious liberties members community proper degree separation spheres religion government tribe american constitutional law freund legal issue religion public schools choper kauper prayer public schools rev general matter agree difficult discern serious threat religious liberty room silent thoughtful schoolchildren mandating moment silence state necessarily endorse activity might occur period cf widmar vincent creating forum state thereby endorse promote particular ideas aired even statute specifies student may choose pray silently quiet moment state thereby encouraged prayer specified alternatives nonetheless also possible moment silence statute either drafted actually implemented effectively favor child prays child example message endorsement seem inescapable teacher exhorts children use designated time pray similarly face statute legislative history may clearly establish seeks encourage promote voluntary prayer alternatives rather merely provide quiet moment may dedicated prayer inclined crucial question whether state conveyed attempted convey message children use moment silence prayer question answered abstract instead requires courts examine history language administration particular statute determine whether operates endorsement religion lynch concurring opinion every government practice must judged unique circumstances determine whether constitutes endorsement disapproval religion reviewing alabama moment silence law determine whether endorses prayer general observations proper scope inquiry order first inquiry purpose legislature enacting moment silence law deferential limited see everson board education courts must exercise extreme caution assessing whether state statute proper public purpose determining whether government intends moment silence statute convey message endorsement disapproval religion license psychoanalyze legislators see mcgowan maryland opinion frankfurter legislature expresses plausible secular purpose moment silence statute either text legislative history statute disclaims intent encourage prayer alternatives moment silence courts generally defer stated intent see committee public education religious liberty nyquist tilton richardson particularly troublesome denigrate expressed secular purpose due postenactment testimony particular legislators interested persons witnessed drafting statute even text official history statute express secular purpose statute held improper purpose beyond purview endorsement religion religious belief law reason existence epperson arkansas since arguably secular pedagogical value moment silence public schools courts find improper purpose behind statute statute face official legislative history interpretation responsible administrative agency suggests primary purpose endorsing prayer justice rehnquist suggests sort deferential inquiry legislative purpose means little requires legislature express secular purpose omit sectarian references post trivial matter however require legislature manifest secular purpose omit sectarian endorsements laws requirement precisely tailored establishment clause purpose assuring government intentionally endorse religion religious practice course possible legislature enunciate sham secular purpose statute little doubt courts capable distinguishing sham secular purpose sincere one lemon inquiry effect enactment help decide close cases validity expressed secular purpose doubt secular purpose requirement alone may rarely determinative striking statute nevertheless serves important function reminds government acts without endorsing particular religious belief practice citizens share sense secular purpose requirement squarely based text establishment clause helps enforce second lynch concurrence suggested effect moment silence law entirely question fact hether government activity communicates endorsement religion question simple historical fact although evidentiary submissions may help answer question like question whether racial classifications communicate invidious message large part legal question answered basis judicial interpretation social facts analysis suggests moment silence laws many pass establishment clause scrutiny favor child chooses pray moment silence child chooses meditate reflect alabama code supp stand footing however deferentially one examines text legislative history however objectively one views message attempted conveyed public conclusion unavoidable purpose statute endorse prayer public schools accordingly agree appeals alabama statute purpose violation establishment clause upheld finding purpose endorse voluntary prayer moment silence relies testimony elicited state senator donald holmes preliminary injunction hearing ante senator holmes testified sole purpose statute return voluntary prayer public schools reasons expressed give little weight sort evidence legislative intent nevertheless text statute light official legislative history leaves little doubt purpose statute corresponds purpose expressed senator holmes preliminary injunction hearing first notable alabama already moment silence statute enacted see code supp quoted ante appellees challenge statute indeed concede validity see brief appellees significant addition made specify expressly voluntary prayer one authorized activities moment silence doubt legislative purpose addition removed official legislative history sole purpose reflected official history return voluntary prayer public schools app anything legislative history contradict intent encourage children choose prayer alternatives moment silence given legislative history surprising state alabama conceded courts purpose statute make prayer part daily classroom activity district appeals concluded law purpose encourage religious activity see ante light legislative history findings courts agree state intended convey message prayer endorsed activity moment silence therefore unnecessary also determine effect statute lynch concurring opinion also seems likely message actually conveyed objective observers approval child selects prayer alternatives moment silence given evidence record candor requires us admit alabama statute intended convey message state encouragement endorsement religion walz tax stated religion clauses first amendment flexible enough permit religious exercise exist without sponsorship without interference alabama code supp permit prayer occur moment silence without interference endorses decision pray moment silence accordingly sponsors religious exercise reason concur judgment ii dissenting opinion post justice rehnquist reviews text history first amendment religion clauses opinion suggests long line decisions inconsistent intent drafters bill rights urges correct historical inaccuracies past decisions embracing far restricted interpretation establishment clause interpretation presumably permit vocal group prayer public schools see generally cord separation church state amicus brief suggests less sweeping modification establishment clause principles federal government view moment silence merely accommodation desire public school children practice religion praying silently accommodation contemplated first amendment guarantee government prohibit free exercise religion moment silence implicates free exercise values suggests inquiry purpose effect modified brief amicus curiae element truth much helpful analysis suggestions particularly interpreting constitution page history worth volume logic new york trust eisner whatever provision constitution issue continue believe fidelity notion constitutional opposed purely judicial limits governmental action requires us impose heavy burden claim practices accepted provision adopted constitutionally impermissible tennessee garner dissenting opinion properly looked history upholding legislative prayer marsh chambers property tax exemptions houses worship walz tax supra sunday closing laws mcgowan maryland justice holmes observed thing practised two hundred years common consent need strong case fourteenth amendment affect jackman rosenbaum justice rehnquist assert however drafters first amendment expressed preference prayer public schools practice prayer public schools enjoyed uninterrupted government endorsement time enactment bill rights present era simple truth free public education virtually nonexistent late century see abington brennan concurring since existed schools unlikely persons drafted first amendment state legislators ratified anticipated problems interaction church state public schools sky establishment clause congress schools historical perspective rev even time adoption fourteenth amendment education southern still primarily private hands movement toward free public schools supported general taxation taken hold brown board education uncertainty intent framers bill rights mean ignore history guidance role religion public education done see illinois ex rel mccollum board education frankfurter concurring intent framers unclear believe must employ history reason analysis primary issue raised justice rehnquist dissent whether historical fact presidents long called public prayers thanks dispositive constitutionality prayer public schools think least presidential proclamations distinguishable school prayer received noncoercive setting primarily directed adults presumably readily susceptible unwilling religious indoctrination decisions recognized distinction religious exercises directed impressionable children required attend school government endorsement much likely result coerced religious beliefs see marsh chambers supra tilton richardson although history provides touchstone constitutional problems establishment clause concern religious liberty dispositive element truth arguments believe lies suggestion establishment clause analysis must comport mandate free exercise clause government make law prohibiting free exercise religion cases interpreted free exercise clause compel government exempt persons generally applicable government requirements permit persons freely exercise religion see thomas review board indiana employment security division wisconsin yoder sherbert verner even free exercise clause compel government grant exemption suggested government circumstances may voluntarily choose exempt religious observers without violating establishment clause see gillette braunfeld brown challenge posed argument define proper establishment clause limits voluntary government efforts facilitate free exercise religion one hand rigid application lemon test invalidate legislation exempting religious observers generally applicable government obligations definition legislation religious purpose effect promoting free exercise religion hand judicial deference legislation purports facilitate free exercise religion completely vitiate establishment clause statute pertaining religion viewed accommodation free exercise rights indeed statute issue lemon provided salary supplements textbooks instructional materials pennsylvania parochial schools viewed accommodation religious beliefs parents choose send children religious schools obvious either two religion clauses expanded logical extreme tend clash walz long exacerbated conflict calling government neutrality toward religion see committee public education religious liberty nyquist board education allen difficult square notion complete neutrality ante mandate free exercise clause government must sometimes exempt religious observer otherwise generally applicable obligation government confers benefit explicitly religious basis neutral toward religion see welsh white dissenting solution conflict religion clauses lies neutrality rather identifying workable limits government license promote free exercise religion text free exercise clause speaks laws prohibit free exercise religion face clause directed government interference free exercise given concern one plausibly assert burden free exercise religion statute falls within category standard establishment clause test modified accordingly disingenuous look purely secular purpose manifest objective statute facilitate free exercise religion lifting burden instead simply acknowledge religious purpose statute legitimate free exercise clause also go assessing effect statute determining whether statute conveys message endorsement religion particular religious belief courts assume objective observer supra acquainted free exercise clause values promotes thus individual perceptions resentment religious observer exempted particular government requirement entitled little weight free exercise clause strongly supported exemption accommodation analysis help reconcile free exercise establishment clause standards save alabama moment silence law assume religious activity alabama seeks protect silent prayer difficult discern burden activity lifted alabama code supp law prevents student inclined praying silently public schools moreover state law already provided moment silence appellees irrespective see code supp course state might argue protects silent prayer rather group silent prayer state sponsorship phrased terms burden lifted statute one imposed state alabama establishment clause interpreted engel abington view beyond authority state alabama remove burdens imposed constitution conclude alabama statute issue today lifts burden free exercise religion accordingly properly viewed accommodation statute iii hold establishment clause hostile religion precludes affording schoolchildren opportunity voluntary silent prayer contrary moment silence statutes many satisfy establishment clause standard applied holds alabama intentionally crossed line creating quiet moment inclined may pray affirmatively endorsing particular religious practice prayer line may fine one precedents principles religious liberty require draw view judgment appeals must affirmed see code supp rev stat ann ark stat ann stat del code tit interpreted del op atty stat code ann rev ch ind code stat ann la rev stat ann west rev stat tit md educ code ann mass laws ch west comp laws ann supp stat ann west supp stat ann educ law mckinney cent code ohio rev code ann stat tit purdon supp laws code ann code va art iii useful comparison provisions many statutes see note daily moments silence public schools constitutional analysis rev appellants argue zorach clauson suggests constitutional infirmity state encouraging child pray moment silence cited dicta zorach however inapposite stated hen state encourages religious instruction adjusting schedule public events sectarian needs follows best traditions ibid emphasis added state provides moment silence prayer may occur election student said adjusting schedule public events sectarian needs state also encourages student pray moment silence converts otherwise inoffensive moment silence effort majority use machinery state encourage minority participate religious exercise see abington school district schempp see code ann see va art iii chief justice suggests one consequence emphasis difference predecessor statute might render pledge allegiance unconstitutional congress amended add words god post disagree view words god pledge codified serve acknowledgment religion legitimate secular purposes solemnizing public occasions expressing confidence future lynch donnelly concurring opinion also disagree chief justice suggestion opinion invalidates moment silence statute includes word prayer post noted supra ven statute specifies student may choose pray silently quiet moment state thereby encouraged prayer specified alternatives even assuming taxpayer establish standing challenge practice see valley forge christian college americans separation church state presidential proclamations probably withstand establishment clause scrutiny given long history see marsh chambers chief justice burger dissenting trouble read opinions cases find ironic perhaps even bizarre day heard arguments cases session opened invocation divine protection across park hundred yards away house representatives senate regularly open session prayer legislative prayers one minute duration extended thoughtful invocations prayers divine guidance given since clergy appointed official chaplains paid treasury congress also provided chapels capitol public expense members others may pause prayer meditation moment silence inevitably wag bound say holding today reflects belief historic practice congress justified members judiciary congress need divine guidance schoolchildren still others say controversy much ado nothing since power earth including congress stop teacher opening schoolday moment silence pupils meditate plan day pray voluntarily elect make several points today curious holding makes sense say alabama endorsed prayer merely enacting new statute specify expressly voluntary prayer one authorized activities moment silence ante concurring judgment emphasis added suggest statute includes word prayer unconstitutionally endorses religion one simply provides moment silence manifests neutrality hostility toward religion decades opinions stated hostility toward religion toward religions much forbidden constitution official establishment religion alabama legislature endorsed religion state congress provides legislative chaplains opens session invocation god today decision recalls observations justice goldberg ntutored devotion concept neutrality lead invocation approval results partake simply noninterference noninvolvement religious constitution commands brooding pervasive dedication secular passive even active hostility religious results compelled constitution seems prohibited abington school district schempp concurring opinion curiously opinions mention sponsor statements relied upon including statement inserted senate journal made legislature passed statute indeed testimony finds critical given well year statute enacted even appellees concede see brief appellees shred evidence legislature whole shared sponsor motive majority either house even aware sponsor view bill passed sole relevance sponsor statements therefore reflect personal subjective motives single legislator case history supports disconcerting idea postenactment statements individual legislators relevant determining constitutionality legislation even individual legislator statements rationally considered relevant opinions fail mention sponsor also testified one purposes drafting sponsoring bill clear widespread misunderstanding schoolchild legally prohibited engaging silent individual prayer steps inside public school building see app testimony least important statements relies upon surely testimony manifests permissible purpose also relies admissions governor james answer second amended complaint strangely however neglects mention trial bearing constitutionality alabama statutes trial became unnecessary district held establishment clause apply absence trial issue constitutionality significant answer filed state board superintendent education make admissions governor answer made see record know whether cases tried state officials offered evidence contravene appellees allegations concerning legislative purpose thus completely inappropriate accord relevance admissions governor answer several preceding opinions conclude principal difference predecessor statute proves sole purpose behind inclusion phrase voluntary prayer endorse promote prayer reasoning simply subtle way focusing exclusively religious component statute rather examining statute whole logic called lead hold example state may enact statute provides reimbursement bus transportation parents schoolchildren may add parents parochial school students existing program providing reimbursement parents public school students congress amended statutory pledge allegiance years ago add words god act june pub stat several opinions support judgment today render pledge unconstitutional consequence method focusing difference predecessor statute rather examining whole holding course make mockery decisionmaking establishment clause cases even method correct inclusion words voluntary prayer wholly consistent clearly permissible purpose clarifying silent voluntary prayer forbidden public school building extended treatment test lemon kurtzman suggests naive preoccupation easy approach addressing constitutional issues repeatedly cautioned lemon establish rigid caliper capable resolving every establishment clause issue sought provide signposts establishment clause case inquiry calls fixed per se rule framed lynch donnelly event responsibility apply tidy formulas rote duty determine whether statute practice issue step toward establishing state religion given today decision however perhaps understandable opinions support judgment ignore establishment clause concerns underlie notion alabama statute step toward creating established church borders trespass ridiculous statute remotely threaten religious liberty affirmatively furthers values religious freedom tolerance establishment clause designed protect without pressuring wish pray statute simply creates opportunity think plan pray one wishes congress providing chaplains chapels accommodates purely private voluntary religious choices individual pupils wish pray time creating time nonreligious reflection choose pray statute also provides meaningful opportunity schoolchildren appreciate absolute constitutional right individual worship believe individual wishes statute endorses view religious observances tolerated possible accommodated government may accommodate religious needs wholly neutral noncoercive manner benevolent neutrality long considered correct constitutional standard quickly translate callous indifference consistently held establishment clause require today ignored wise admonition justice goldberg measure constitutional adjudication ability willingness distinguish real threat mere shadow abington school district schempp concurring opinion innocuous statute strikes even rise level mere shadow justice paradoxically acknowledges difficult discern serious threat religious liberty room silent thoughtful schoolchildren ante add even choose pray mountains labored brought forth mouse foregoing opinions likewise completely ignore statement purpose accompanied bill throughout legislative process permit period silence observed purpose meditation voluntary prayer commencement first class day public schools senate emphasis added see also four days trial refers concerned alleged practices vocal group prayer classroom house report legislation amending pledge purpose amendment affirm principle people government dependent upon moral directions creator simply acknowledgment endorsement religion see ante concurring judgment distinction far infinitesimal grasp several opinions suggest similar statutes may survive today decision see ante ante powell concurring ante concurring judgment true opinions become even less comprehensible given holds statute invalid legitimate evidence impermissible purpose hardly less evidence impermissible purpose shown cases principal plaintiff action stated probably brought suit silent meditation prayer statute existed caused much concern unless implemented way suggested prayer preferred activity malone prayers relief apr quoting ishmael jaffree horace epistles bk iii ars poetica line justice white dissenting part agreeing opinion chief justice dissent judgment invalidating code supp apparent view first amendment proscribe either statutes authorizing requiring many words moment silence classes begin statute provides initially passed moment silence meditation prayer read filed opinions majority approve statutes provided moment silence mention prayer student asked whether pray moment difficult believe teacher answer affirmative case invalidate statute outset provided legislative answer question may pray even alabama statute infirm believe peculiar legislative history appreciate justice rehnquist explication history religion clauses first amendment history quite understandable undertook reassess cases dealing clauses particularly dealing establishment clause course step many decisions dealing subject matter thus surprising support basic reconsideration precedents justice rehnquist dissenting years ago everson board education summarized exegesis establishment clause doctrine thus words jefferson clause establishment religion law intended erect wall separation church state reynolds impossible build sound constitutional doctrine upon mistaken understanding constitutional history unfortunately establishment clause expressly freighted jefferson misleading metaphor nearly years thomas jefferson course france time constitutional amendments known bill rights passed congress ratified letter danbury baptist association short note courtesy written years amendments passed congress seem detached observer less ideal source contemporary history meaning religion clauses first amendment jefferson fellow virginian james madison joined battle enactment virginia statute religious liberty play large part anyone drafting bill rights two advantages jefferson regard present leading member first congress turn record proceedings first congress leading adoption establishment clause constitution including madison significant contributions thereto see far different picture purpose highly simplified wall separation church state debates thirteen colonies ratification constitution one arguments frequently used opponents ratification without bill rights guaranteeing individual liberty new general government carried potential tyranny typical response argument part favored ratification general government established constitution delegated powers delegated powers limited government occasion violate individual liberties response satisfied others colonies ratified constitution early proposed one another amendments guaranteeing individual liberty three new hampshire new york virginia included one form another declaration religious freedom see elliot debates federal constitution rhode island north carolina flatly refused ratify constitution absence amendments nature bill rights virginia north carolina proposed identical guarantees religious freedom men equal natural unalienable right free exercise religion according dictates conscience particular religious sect society favored established law preference others appears house bound every motive prudence let first session pass without proposing state legislatures things incorporated constitution render acceptable whole people found acceptable majority wish among reasons something done friendly adoption constitution may opportunity proving opposed sincerely devoted liberty republican government charged wishing adoption constitution order lay foundation aristocracy despotism desirable thing extinguish bosom every member community apprehensions among countrymen wish deprive liberty valiantly fought honorably bled amendments desired nature injure constitution ingrafted give satisfaction doubting part friends federal government evince spirit deference concession hitherto distinguished civil rights none shall abridged account religious belief worship shall national religion established shall full equal rights conscience manner pretext infringed religion shall established law shall equal rights conscience infringed madison spoke said apprehended meaning words congress establish religion enforce legal observation law compel men worship god manner contrary conscience said state conventions thought congress might rely necessary proper clause infringe rights conscience establish national religion prevent effects presumed amendment intended thought well expressed nature language admit ibid representative benjamin huntington expressed view committee language might taken latitude extremely hurtful cause religion understood amendment mean expressed gentleman virginia others might find convenient put another construction upon huntington connecticut concerned new england religions rule rather exception federal courts might able entertain claims based upon obligation bylaws religious organization contribute support minister building place worship hoped amendment made way secure rights conscience free exercise rights religion patronise professed religion madison responded insertion word national word religion committee version satisfy minds criticized language believed people feared one sect might obtain two combine together establish religion compel others conform thought word national introduced point amendment directly object intended prevent representative samuel livermore expressed dissatisfied madison proposed amendment thought better committee language altered read congress shall make laws touching religion infringing rights conscience ibid representative gerry spoke opposition use word national strong feelings expressed ratification debates federal government national government created constitution madison thereby withdrew proposal insisted reference national religion referred national establishment mean government national one question taken representative livermore motion passed vote ibid following week without apparent debate house voted alter language religion clauses read congress shall make law establishing religion prevent free exercise thereof infringe rights conscience floor debates senate secret therefore reported annals senate september considered several different forms religion amendment reported language back house congress shall make law establishing articles faith mode worship prohibiting free exercise religion antieau downey roberts freedom federal establishment congress shall make law respecting establishment religion prohibiting free exercise thereof basis record proceedings house representatives james madison undoubtedly important architect among members house amendments became bill rights james madison speaking advocate sensible legislative compromise advocate incorporating virginia statute religious liberty constitution ratification debate virginia convention madison actually opposed idea bill rights sponsorship amendments house obviously zealous believer necessity religion clauses one felt might good harm satisfy ratified constitution condition congress propose bill rights original language shall national religion established obviously conform wall separation church state idea commentators ascribed explanation floor meaning language congress establish religion enforce legal observation law ilk replied huntington debate proposal came select committee house urged language religion shall established law amended inserting word national front word religion seems indisputable glimpses madison thinking reflected actions floor house saw amendment designed prohibit establishment national religion perhaps prevent discrimination among sects see requiring neutrality part government religion irreligion thus opinion everson correct bracketing madison jefferson together exertions home state leading enactment virginia statute religious liberty totally incorrect suggesting madison carried views onto floor house representatives proposed language ultimately become bill rights repetition error opinion illinois ex rel mccollum board education inter alia engel vitale make sounder historically finally abington school district schempp made truly remarkable statement views madison jefferson preceded roger williams came incorporated federal constitution likewise omitted basis evidence statement demonstrably incorrect matter history repetition varying forms succeeding opinions give authority possesses matter fact stare decisis may bind courts matters law bind matters history none members congress spoke august debate expressed slightest indication thought language select committee evil aimed require government absolutely neutral religion irreligion evil aimed far spoke concerned appears establishment national church perhaps preference one religious sect another definitely concerned whether government might aid religions evenhandedly one follow advice justice brennan concurring abington school district schempp supra construe amendment light particular practices challenged threaten consequences framers deeply feared whether short tend promote type interdependence religion state first amendment designed prevent one say first amendment establishment clause read broadly prevent establishment national religion governmental preference one religious sect another actions first congress reenacted northwest ordinance governance northwest territory confirm view congress mean government neutral religion irreligion house representatives took northwest ordinance day madison introduced proposed amendments became bill rights time federal government course bound draft amendments constitution yet proposed congress say nothing ratified seems highly unlikely house representatives simultaneously consider proposed amendments constitution enact important piece territorial legislation conflicted intent proposals northwest ordinance stat reenacted northwest ordinance provided eligion morality knowledge necessary good government happiness mankind schools means education shall forever encouraged land grants schools northwest territory limited public schools congress limited land grants new territories nonsectarian schools stat antieau downey roberts freedom federal establishment day house representatives voted adopt form first amendment religion clauses ultimately proposed ratified representative elias boudinot proposed resolution asking president george washington issue thanksgiving day proclamation boudinot said think letting session pass without offering opportunity citizens joining one voice returning almighty god sincere thanks many blessings poured upon annals cong representative aedanas burke objected resolution like mimicking european customs representative thomas tucker objected whether people reason satisfied constitution something knew better congress event religious matter proscribed us representative sherman supported resolution laudable one warranted number precedents holy writ instance solemn thanksgivings rejoicings took place time solomon building temple case point example thought worthy christian imitation present occasion ibid boudinot resolution carried affirmative september boudinot sherman favored thanksgiving proclamation voted favor adoption proposed amendments constitution including religion clauses tucker opposed thanksgiving proclamation voted adoption amendments became bill rights within two weeks action house george washington responded joint resolution changed include language president recommend people day public thanksgiving prayer observed acknowledging grateful hearts many signal favors almighty god especially affording opportunity peaceably establish form government safety happiness richardson messages papers presidents presidential proclamation couched words therefore recommend assign thursday day november next devoted people service great glorious beneficent author good may unite rendering unto sincere humble thanks kind care protection people country previous becoming nation signal manifold mercies favorable interpositions providence course conclusion late war great degree tranquillity union plenty since enjoyed peaceable rational manner enabled establish constitutions government safety happiness particularly national one lately instituted civil religious liberty blessed means acquiring diffusing useful knowledge general great various favors pleased confer upon us also may unite humbly offering prayers supplications great lord ruler nations beseech pardon national transgressions enable us whether public private stations perform several relative duties properly punctually render national government blessing people constantly government wise constitutional laws discreetly faithfully executed obeyed protect guide sovereigns nations especially shown kindness us bless good governments peace concord promote knowledge practice true religion virtue increase science among us generally grant unto mankind degree temporal prosperity alone knows best ibid fasting prayer religious exercises enjoining act discipline every religious society right determine times exercises objects proper according particular tenets right never safer hands constitution deposited writings thomas jefferson lipscomb ed joseph story member much time professor harvard law school published far comprehensive treatise constitution appeared volume story commentaries constitution ed discussed meaning establishment clause first amendment way probably time adoption constitution amendment consideration first amendment general universal sentiment america christianity receive encouragement state far incompatible private rights conscience freedom religious worship attempt level religions make matter state policy hold utter indifference created universal disapprobation universal indignation real object first mendment countenance much less advance mahometanism judaism infidelity prostrating christianity exclude rivalry among christian sects prevent national ecclesiastical establishment give hierarchy exclusive patronage national government thus cut means religious persecution vice pest former ages subversion rights conscience matters religion trampled upon almost days apostles present age footnotes omitted thus careful establish protect defend religious freedom equality american constitutions contain provisions prohibit authorities solemn recognition superintending providence public transactions exercises general religious sentiment mankind inspires seems meet proper finite dependent beings whatever may shades religious belief must acknowledge fitness recognizing important human affairs superintending care control great governor universe acknowledging thanksgiving boundless favors bowing contrition visited penalties broken laws principle constitutional law violated thanksgiving fast days appointed chaplains designated army navy legislative sessions opened prayer reading scriptures religious teaching encouraged general exemption houses religious worship taxation support state government undoubtedly spirit constitution require cases care taken avoid discrimination favor one religious denomination sect power things become unconstitutional simply susceptibility abuse public recognition religious worship however based entirely perhaps even mainly upon sense due author good law reasons state policy induce government aid institutions charity seminaries instruction incline also foster religious worship religious institutions conservators public morals valuable indispensable assistants preservation public order notwithstanding absence historical basis theory rigid separation wall idea might well served useful albeit misguided analytical concept led unified principled results establishment clause cases opposite unfortunately true years since everson establishment clause cases neither principled unified recent opinions many hopelessly divided pluralities embarrassing candor conceded wall separation merely blurred indistinct variable barrier wholly accurate dimly perceived lemon kurtzman tilton richardson wolman walter lynch donnelly whether due lack historical support practical unworkability everson wall proved useless guide sound constitutional adjudication illustrates well wisdom benjamin cardozo observation etaphors law narrowly watched starting devices liberate thought end often enslaving berkey third avenue greatest injury wall notion mischievous diversion judges actual intentions drafters bill rights crucible litigation ante well adapted adjudicating factual disputes basis testimony presented amount repetition historical errors judicial opinions make errors true wall separation church state metaphor based bad history metaphor proved useless guide judging frankly explicitly abandoned recently attempted add mortar everson wall test lemon kurtzman supra served first offer useful test purposes establishment clause wall metaphor generally stated lemon test proscribes state action sectarian purpose effect causes impermissible governmental entanglement religion lemon cited board education allen source purpose effect prongs test allen opinion explains however inherited purpose effect elements schempp everson contain historical errors described see allen supra thus purpose effect prongs historical deficiencies wall concept way based either language intent drafters secular purpose prong proved mercurial application never fully defined never fully stated test operate purpose prong intended void aids sectarian institutions accompanied stated legislative purpose aid religion prong condemn nothing long legislature utters secular purpose says nothing aiding religion thus constitutionality statute may depend upon legislators put legislative history importantly leave purpose prong means little requires legislature express secular purpose omit sectarian references legislators might faced valid legislative secular purpose properly ignore purpose without factual basis larson valente white dissenting however purpose prong aimed void statutes enacted intent aid sectarian institutions whether stated statutes providing aid textbooks bus rides sectarian school children fail one purposes behind every statute whether stated aid target largesse words purpose prong requires absence intent aid sectarian institutions whether expressed state laws area pass test required void state aids religion already upheld allen supra entanglement prong lemon test came walz tax walz involved constitutional challenge new york practice providing state property tax exemptions church property used worship walz opinion refused undermine ultimate constitutional objective establishment clause illuminated history upheld tax exemption examined historical relationship state church church property issue determined challenged tax exemption entangle new york church cause intrusion interference religion interferences religion arguably dealt free exercise clause entanglement inquiry walz consistent case broad survey relationship state taxation religious property always followed walz reflective inquiry entanglement however wolman supra one difficulties entanglement prong divorced logic walz creates insoluable paradox school aid cases required aid parochial schools closely watched lest put sectarian use yet close supervision create entanglement roemer maryland bd public works white concurring judgment example wolman supra part struck state nondiscriminatory provision buses parochial school filed trips state supervision sectarian officials charge field trips onerous type result certainly required ensure establish religions entanglement test applied cases like wolman also ignores myriad state administrative regulations properly placed upon sectarian institutions curriculum attendance certification requirements sectarian schools fire safety regulations churches avoiding entanglement church state may important consideration case like walz entanglement prong applied state church relations automatic manner applied school aid cases state hardly require anything institutions condition receipt financial assistance difficulties arise lemon test grounding history first amendment wall theory upon rests test represents determined effort craft workable rule historically faulty doctrine rule sound doctrine attempts service test simply provided adequate standards deciding establishment clause cases slowly come realize even worse lemon test caused fracture unworkable plurality opinions see supra depending upon three factors applies certain state action results school services cases show difficulty encountered making lemon test yield principled results example state may lend parochial school children geography textbooks contain maps state may lend maps use geography class state may lend textbooks american colonial history may lend film george washington film projector show history class state may lend classroom workbooks may lend workbooks parochial school children write thus rendering nonreusable state may pay bus transportation religious schools may pay bus transportation parochial school public zoo natural history museum field trip state may pay diagnostic services conducted parochial school therapeutic services must given different building speech hearing services conducted state inside sectarian school forbidden meek pittenger state may conduct speech hearing diagnostic testing inside sectarian school wolman exceptional parochial school students may receive counseling must take place outside parochial school trailer parked street state may give cash parochial school pay administration tests reporting services may provide funds tests secular subjects religious instruction may given public school public school may release students day religion classes elsewhere may enforce attendance classes truancy laws results violate historically sound principle establishment clause forbid governments provide general welfare benefits distributed private individuals even though many individuals may elect use benefits ways aid religious instruction worship committee public education religious liberty nyquist burger concurring part dissenting part surprising light record recent opinions expressed doubt usefulness lemon test although test initially provided helpful assistance tilton richardson soon began describing test guideline committee public education religious liberty nyquist supra lately described useful signpos mueller allen citing hunt mcnair larkin grendel den noted lemon test easily applied meek supra justice white noted committee public education religious liberty regan lemon test sacrifice clarity predictability flexibility lynch reiterated lemon test never binding cited two cases declined apply citing marsh chambers larson valente constitutional theory basis history amendment seeks interpret difficult apply yields unprincipled results see little use crucible litigation ante produced consistent unpredictability today effort continuation sisyphean task trying patch together blurred indistinct variable barrier described lemon kurtzman regan supra stevens dissenting done much straining since still admit dimly perceive everson wall tilton supra perception clouded constitution mists unnecessary metaphor true meaning establishment clause seen history see walz see also lynch supra drafters bill rights framers inscribed principles control today deviation intentions frustrates permanence charter lead type unprincipled decisionmaking plagued establishment clause cases since everson framers intended establishment clause prohibit designation church national one clause also designed stop federal government asserting preference one religious denomination sect others given incorporation establishment clause via fourteenth amendment everson prohibited well establishing religion discriminating sects history abundantly shows however nothing establishment clause requires government strictly neutral religion irreligion clause prohibit congress pursuing legitimate secular ends nondiscriminatory sectarian means strikes alabama statute state wished characterize prayer favored practice ante come much shock drafted bill rights large number thoughtful americans today learn constitution construed majority prohibits alabama legislature endorsing prayer george washington request congress passed bill rights proclaimed day public thanksgiving prayer observed acknowledging grateful hearts many signal favors almighty god history must judge whether father country majority today strayed meaning establishment clause state surely secular interest regulating manner public schools conducted nothing establishment clause first amendment properly understood prohibits generalized endorsement prayer therefore reverse judgment appeals reynolds authority cited direct precedent wall separation theory reynolds truly inapt dealt mormon free exercise clause challenge federal polygamy law new york rhode island proposals quite similar stated particular religious sect society favored established law preference others elliot debates letter sent jefferson france madison stated see much importance bill rights planned support anxiously desired others might use properly executed disservice writings james madison hunt ed state establishments prevalent throughout late early centuries see mass const part art iii const art vi md declaration rights art xxxiii charter superseded treaty stated part whereas greater part said tribe baptized received catholic church much attached give annually seven years one hundred dollars towards support priest religion nd three hundred dollars assist said tribe erection church stat congressional grants aid religion limited indians congress provided land ohio company including acreage support religion grant reauthorized see stat congress authorized state ohio sell land set aside religion use proceeds support religion use purpose whatsoever stat tilton richardson meek pittenger partial roemer maryland bd public works wolman walter many establishment clause cases decided bare majorities committee public education religious liberty regan larson valente mueller allen lynch donnelly cf levitt committee public education religious liberty board education allen meek science book permissible science kit see wolman see meek supra nn everson board education wolman supra wolman supra meek supra regan levitt illinois ex rel mccollum board education zorach clauson