Facts of the Case
In keeping with the practice of several other public middle and high school principals in Providence, Rhode Island, Robert E. Lee, a middle school principal, invited a rabbi to speak at his school's graduation ceremony. Daniel Weisman's daughter, Deborah, was among the graduates. Hoping to stop the rabbi from speaking at his daughter's graduation, Weisman sought a temporary restaining order in District Court - but was denied. After the ceremony, where prayers were recited, Weisman filed for a permanent injunction barring Lee and other Providence public school officials from inviting clergy to deliver invocations and benedictions at their schools' ceremonies. When the Court of Appeals affirmed a District Court ruling against the schools, Lee appealed to the Supreme Court and was granted certiorari.
Questions
Does the inclusion of clergy who offer prayers at official public school ceremonies violate the Establishment Clause of the First Amendment?
Conclusions
-
Yes. In a 5-to-4 decision, the Court held that government involvement in this case creates "a state-sponsored and state-directed religious exercise in a public school." Such conduct conflicts with settled rules proscribing prayer for students. The school's rule creates subtle and indirect coercion (students must stand respectfully and silently), forcing students to act in ways which establish a state religion. The cornerstone principle of the Establishment Clause is that government may not compose official prayers to recite as part of a religious program carried on by government.
A Cord of Three Strands: How Kennedy v. Bremerton School District Changed Free Exercise, Establishment, and Free Speech Clause Doctrine
Federalist Society Review, Volume 24
In 2015, Bremerton High School football coach Joseph Kennedy lost his job for kneeling at...
Kennedy v. Bremerton School District’s Effect on the Establishment Clause
On June 27, 2022, the U.S. Supreme Court decided Kennedy v. Bremerton School District. In...
We Are Free for a Reason
Federalist Society Review, Volume 22
A review of Free to Believe: The Battle Over Religious Liberty in America, by Luke...
After Espinoza, What’s Left of the Establishment Clause?
Federalist Society Review, Volume 21
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Religious Liberty after Scalia
Some people opine that Antonin Scalia was not a friend of religious liberty, and that...
In Whose Name We Pray: Restoring the Establishment Clause in Town of Greece v. Galloway
Engage Volume 14, Issue 3 October 2013
Note from the Editor: This article is a discussion about the Establishment Clause issue in...
Who Said That?: A Simple Question That May Change the Way Courts View Legislative Prayer
Engage Volume 14, Issue 1 February 2013
Related Opinions & Briefs: • Petition for Writ of Certiorari, Town of Greece v. Galloway:...