The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, November 6, 1991
Decision: Wednesday, June 24, 1992
Issues: First Amendment, Establishment of Religion
Categories: education, first amendment, freedom of religion, state action
Tags: Rehnquist: Freedom of Religion, Rehnquist on iTunes U

Advocates

Sandra A. Blanding (Argued the cause for the respondent)
Charles J. Cooper (Argued the cause for the petitioners)
Kenneth W. Starr (on behalf of the United States as amicus curiae, supporting the Petitioners)

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.

Question

Does the inclusion of clergy who offer prayers at official public school ceremonies violate the Establishment Clause of the First Amendment?

Conclusion

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Weisman, 4 vote(s) against
Legal Provision: Establishment of Religion
Voted with the minority, joined Scalia's dissent
Rehnquist
Voted with the minority, joined Scalia's dissent
White
Wrote a regular concurrence
Blackmun
Voted with the majority, joined Blackmun's concurrence, joined Souter's concurrence
Stevens
Voted with the majority, joined Blackmun's concurrence, joined Souter's concurrence
O'Connor
Wrote a dissent
Scalia
Wrote the majority opinion
Kennedy
Wrote a regular concurrence
Souter
Voted with the minority, joined Scalia's dissent
Thomas
Full Opinion by Justice Anthony Kennedy

Cite this page

The Oyez Project, Lee v. Weisman, 505 U.S. 577 (1992),
available at: <http://www.oyez.org/cases/1990-1999/1991/1991_90_1014/>
(last visited ).