Engel v. Vitale
370 U.S. 421 (1962)
Constitutional Topic Areas:
1st Amendment ‘Establishment Clause,’ 14th Amendment ‘Equal Protection Clause,’ Federalism, Appellate Jurisdiction
Case Facts:
In 1951, the Board of Regents of New York State approved a non-denominational prayer which would be recited every morning. Students who did not wish to partake in the prayer were allowed to be excused from reciting it. The prayer was adopted to all school districts in the state of New York. Following its implementation, a group of parents led by Steven Engel, a jewish man, filed suit against the Board of Regents, asserting the words “Almighty God” in the prayer violated their religious beliefs. 22 states submitted amicus curiae briefs affirming the prayer, while several Jewish groups did the same advocating against it. Ultimately, the New York Appellate Court affirmed the prayer. The plaintiffs appealed the ruling to the Supreme Court.
Questions:
1. Does the Board of Regent’s non-denominational prayer violate the 1st Amendment’s Establishment Clause?
Holding:
1. Yes
Legal Reasoning: Justice H.L. Black (6-1)
1. Prayer, even if non-denominational, is an inherently religious activity. Therefore, prescribing prayer for children is a direct violation of the 1st Amendment’s Establishment Clause
2. Even though children could be excused from the prayer, any promotion of religious activity is forbidden
3. The separation of church and state is a fundamental institution of the United States and draws its history from 16th century England where puritans immigrated to the present day United States in pursuit of religious freedom from government–a founding principle of our nation
Concurrence: Justice W.O. Douglass
1. The 1st Amendment’s Establishment Clause is also violated when the federal government provides financial aid to religious schools
Dissent: Justice P. Stewart
1. While the 1st Amendment’s Establishment Clause was intended to stop a state sponsored religious affiliation or church, it was not intended to stop a “brief, non-deominational prayer”
Significance:
Engel made it clear that all state sponsored religious activities, not just in schools, but through all government, were unconstitutional. From public prayers and bible readings to non-denominational acknowledgement of faith, Engel made it clear government cannot violate the 1st Amendment’s Establishment Clause, even if the activity is optional. Engel serves as the basis for numerous future Supreme Court rulings affirming the Establishment Clause
Reflection:
The 6-1 vote in Engel signifies the ruling’s implicit strength, making it unlikely to be overturned in the future. Engel is a strong affirmation of one of the cornerstones of American civil liberties, which is the freedom from religion. America is thought to be a “Christian Nation” by some, however it is important to remember the framers themselves were not christians and took special care to make sure no religious authority could insert itself into the United States’ legal framework and impose itself onto unwilling Americans. Further, the freedom to choose one’s religion also includes the right to choose none at all. Overall, Engel strengthened the power of the federal government by curbing state’s abilities to impose a government sanctioned act of religiosity
Supreme Court Case Briefs 