TALKING POINTS
Question:
Is school-sponsored, nondenominational prayer in public schools unconstitutional?
Engel (Student) Vitale (State)
1. Does nondenominational, school-sponsored prayer force religion on impressionable children?
Affirmative. Yes.
Although the government may have a legitimate
interest in certain religious matters concerning
adults, e.g., providing chaplains to the military or
to prisoners on death row, there is a difference
when the government involves itself with
religious matters concerning children. Children
are particularly impressionable, and school-
sponsored prayers may lead such children to
embrace a religion that neither their parents nor
they would otherwise choose.
Negative. No.
The prayers prescribed for recitation before the beginning of
class are short and nondenominational in character. There is
no lengthy discussion as to what they mean. They simply
recognize the country's dependence upon God. Theological
discussions are not held in the classrooms of these schools.
Such discussions are left to religious instruction classes
outside of the public schools, which parents may or may not
wish their children to attend. There is no way that such a short
prayer can be considered enough to "coerce" an
impressionable mind into accepting a particular faith.
2. Does school prayer that is nondenominational constitute governmental interference in religion?
Affirmative. Yes.
The First Amendment does more than just
prohibit the establishment of an official state
religion, e.g., the Church of England.
Recognizing the importance of religious beliefs
to those who hold them, the Amendment is
meant to prohibit any governmental interference
with religion. Any prayer, even if it is
nondenominational, may still be offensive. On
the one hand, they might not be in conformity
with the tenets of a given religion. On the other
hand, devout persons might feel that these
prayers trivialize religion. It is simply not the
government's job to become involved in
religious affairs.
Negative. No.
The First Amendment does not prohibit every interaction
between government and religion. By providing for a
nondenominational prayer, the state was very careful to choose
a prayer that was mindful of the many diverse beliefs of those
who attend New York's public schools. The prayer simply
acknowledges dependency on and appreciation of a divine
being, God. Adherents to all faiths can interpret this provision
in light of their own faith traditions. Even if a person were an
atheist or an agnostic, that individual does not have to say the
prayer. If anyone feels strongly opposed, that person may be
excused. A nondenominational prayer of this sort, without
adherence to any particular creed, is not the same as a
government "establishment" of religion.
3. Does nondenominational prayer in schools have an adverse impact on religion?
Affirmative. Yes.
The First Amendment was enacted to prohibit
the government from becoming involved in
religion. A brief overview of history shows that
governments have often manipulated religion to
achieve political goals, and, in doing so, often
have oppressed nonconformists. Moreover,
government involvement in religion may
adversely impact religion because it involves
temporal authorities imposing their views on a
Negative. No.
The mere use of a nondenominational prayer can hardly be
equated with the type of governmental interference with religion
that, historically, was responsible for the oppression of
dissidents and an adverse impact on religion itself. The prayer
at issue does not even conform to any one creed, but is aimed
at being acceptable to all. Therefore, it does not seem logical
to say that the prayer can adversely affect religion. Since this is
the extent of the government's "interference," certain "slippery
slope" arguments do not seem applicable.