The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, April 3, 1962
Decision: Monday, June 25, 1962
Issues: First Amendment, Establishment of Religion
Categories: education, first amendment, freedom of religion, states

Advocates

William J. Butler (Argued the cause for the petitioners)
Porter R. Chandler (Argued the cause for the intervenors-respondents)
Bertram B. Daiker (Argued the cause for the respondents)

Facts of the Case

The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day. This was an attempt to defuse the politically potent issue by taking it out of the hands of local communities. The blandest of invocations read as follows: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country."

Question

Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment?

Conclusion

Yes. Neither the prayer's nondenominational character nor its voluntary character saves it from unconstitutionality. By providing the prayer, New York officially approved religion. This was the first in a series of cases in which the Court used the establishment clause to eliminate religious activities of all sorts, which had traditionally been a part of public ceremonies. Despite the passage of time, the decision is still unpopular with a majority of Americans.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for Engel, 1 vote(s) against
Legal Provision: Establishment of Religion
Did not participate
Frankfurter
Did not participate
White
Voted with the majority
Warren
Wrote the majority opinion
Black
Wrote a special concurrence
Douglas
Voted with the majority
Clark
Voted with the majority
Harlan
Voted with the majority
Brennan
Wrote a dissent
Stewart
Full Opinion by Justice Hugo L. Black

Cite this page

The Oyez Project, Engel v. Vitale, 370 U.S. 421 (1962),
available at: <http://www.oyez.org/cases/1960-1969/1961/1961_468/>
(last visited ).