In Lee v. Weisman why did the court rule that prayers were unconstitutional?

Answer 1

In Lee v. Weisman, the Supreme Court specifically ruled clergy-lead prayer at public school events is a violation of the First Amendment Establishment Clause because public schools are government agents bound by the constitutional prohibition against imposing religion on a secular audience. Private schools are free to incorporate prayer into their activities.

The Court held that "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."

Explanation

Public school officials in Providence, Rhode Island, invited a rabbi to offer invocation and benediction prayers at a formal graduation ceremony for the middle school students of Nathon Bishop Middle School. The rabbi was instructed to recite only non-secular prayers.

The father of one student, Deborah Weisman, objected to the school's plan, but his objections were ignored. Weisman filed suit in US District Court, seeking a restraining order against the school district and its officials prohibiting them from allowing prayer at the ceremony. The court denied Weisman's request on the grounds that it had insufficient time to consider the case before graduation.

Rabbi Leslie Gutterman subsequently gave the following invocation and benediction:

Invocation

"God of the Free, Hope of the Brave:

"For the legacy of America where diversity is celebrated and the rights of minorities are protected, we thank YOU. May these young men and women grow up to enrich it.

"For the liberty of America, we thank YOU. May these new graduates grow up to guard it.

"For the political process of America in which all its citizens may participate, for its court system where all may seek justice we thank You. May those we honor this morning always turn to it in trust.

"For the destiny of America we thank YOU. May the graduates of Nathan Bishop Middle School so live that they might help to share it.

"May our aspirations for our country and for these young people, who are our hope for the future, be richly fulfilled. AMEN"

Benediction

"0 God, we are grateful to You for having endowed us with the capacity for learning which we have celebrated on this joyous commencement.

"Happy families give thanks for seeing their children achieve an important milestone. Send Your blessings upon the teachers and administrators who helped prepare them.

"The graduates now need strength and guidance for the future, help them to understand that we are not complete with academic knowledge alone. We must each strive to fulfill what You require of us all: To do justly, to love mercy, to walk humbly.

"We give thanks to You, Lord, for keeping us alive, sustaining us and allowing us to reach this special, happy occasion. AMEN"

Weisman amended his original suit, seeking an injunction against future prayers at Providence public school events, arguing the prayers contradicted his religious practice. The school responded that the brief prayers had "profound meaning" to many students across the country "who consider that due respect and acknowledgment for divine guidance and for the deepest spiritual aspirations of our people ought to be expressed at an event as important in life as a graduation."

The US District Court granted the injunction, and the First Circuit affirmed their judgment. Lee, Nathan Bishop Middle School principal, appealed the decision to the Supreme Court.

The Court applied the Lemon test, originating in Lemon v. Kurtzman, 403 US 602 (1971), as a guide in evaluating whether the prayers were acceptable under the Establishment Clause.

To satisfy the Establishment Clause a governmental practice must:

1. reflect a clearly secular purpose;
2. have a primary effect that neither advances nor inhibits religion; and
3. avoid excessive government entanglement with religion

In the opinion of the Court, allowing prayer at public school events, particularly those at which attendance is, if not mandatory, expected, failed all three parts of the test.

The Supreme Court affirmed the lower courts' decision and upheld the permanent injunction.

Case Citation:

Lee v. Weisman, 505 US 577 (1992)