Hopkins I

Banning prayer in public schools is unconstitutional

Thesis: Banning prayer in the public school system is unconstitutional

1st Amendment and the Free exercise clause

A. 1st Amendment: Congress shall make no law respecting an establishment or
religion, or prohibiting the free exercise thereof; abridging the freedom of speech,
or the press; or the right of the people peaceably to assemble, and to petition the
government for the redress of grievances.
B. Free exercise clause: the free exercise clause reserves the right of American

citizens to accept any religious belief and engage in religious rituals

1 All quoted from www. Law. Cornell. Edu.
Court Cases concerning prayer in public schools
A Engel v. Vitale (1962)
2 Beginning of the trial
a Who requested the trial
1 Stephen Engel
b Why was the trial requested
1 Stephen Engel and 4 other parents (2 Jews, 1 Atheist, and
1 Unitarian) were displeased with the fact that the fact
that their children were saying a non-denominational
prayer. The non-denominational prayer went like this:
Almighty God, we acknowledge our dependence upon
thee, and we beg thy blessings upon us, our parents, our
teachers and country. (Digital history.uh.edu)
3

People involved
a Judge and jury
1 Judge:
2 Jury:
i

Declared it unconstitutional
1 Warren
2 Black
3 Douglas

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4 Clark
5 Harlan
6 Brennan
ii Declared it constitutional
1 Stewart

b Prosecutor
c Defendant
d Defense attorney/ lawyer
Specifics about trial
a Arguments used to prove point
b Final result
1 The result was 6 to 1 for Engel. It was decided that
according to the establishment clause it was
unconstitutional to recite the non-denominational prayer
is unconstitutional

B. Wallace v. Jaffree
1
2

Beginning of the trial

a Who requested the trial
b Why was the trial requested.
People involved
a Judge and jury
1 Judge:
2 Jury:
i Declared it unconstitutional
1 Brennan
2 Marshall
3 Blackmun
4 Powell
5 Steven
6 OConnor
ii Declared it Constitutional
1 Burger
2 White
3 Rehnquist
b Prosecutor
c Defendant
d Defense attorney/ lawyer
Specifics about trial
a Arguments used to prove point
b Final result

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C.
D.Lee v. Weisman

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a. Beginning of the trial

i. Who requested the trial
ii. Why was the trial requested.

b. People involved
i. Judge and jury
1. Judge:
2. Jury:
a. Declared it unconstitutional
i. Blackmun
ii. Stevens
iii. O Connor
iv. Kennedy
v. Souter
b. Declared it constitutional
i. Rehnquist
ii. White
iii. Scalia
iv. Thomas
ii. Prosecutor
iii. Defendant
iv. Defense attorney/ lawyer

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c. Specifics about trial

i. Arguments used to prove point
ii.

result

E. Santa Fe Independent District v. Doe

a. Beginning of the trial
i. Who requested the trial
ii. Why was the trial requested.

b. People involved
i. Judge
ii. Prosecutor
iii. Defendant
iv. Defense attorney/ lawyer

c. Specifics about trial

i. Arguments used to prove point
ii. Final result

F. Murray v. Curlett
a. Beginning of the trial
i. Who requested the trial
1. Madalyn Murray O hair
ii. Why was the trial requested.

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1. Every morning at school, her son William
Murray (the author of Let us pray, a plea for
prayer in our schools) along with the rest of
the school, recited some religious things
that deeply offended Madalyn. She forced her
son to write down anything involving religion,
so she knew what was going on. Before she
walked through the hallways and heard
religious things, her son never told her what
happened. Madalyn Murray O hair began to
make a big deal about the matter trying to
prove to the nation that forcing the religious
things on their children went against the 1st
amendment.
a. Religious things that were used in public
schools
i. The pledge of allegiance
ii. The Lords prayer
iii. Reading of a few verses
b. Thing that Madelyn Murray O hair used to
make a big deal about her case and point
i. Newspaper articles
ii. Interviews for the newspaper
reporters
iii. People involved
1. Judge/ Justices
a. Judge
b. Justices
i. Clark
1. appointed by Truman
ii. Earl Warren
1. Appointed by Eisenhower
iii. Hugo Black

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1. Appointed by Roosevelt
iv. Bryant White
1. Appointed by Kennedy
v. William Brennan
vi. Arthur Goldberg
vii. Stewart
1. If the state had a problem with
it, then it would be
unconstitutional, nut if not no
harm was done
a. Pg. 46

2. Prosecutor
3. Defendant
4. Defense attorney/ lawyer

b. Specifics about trial

i. Arguments used to prove point
ii. Final result

II
III
IV

Americas public schools then and now

A Prayer used in public school
B Public schools today
Pros and cons of prayer in public schools (others opinions)
A Pros
B Cons
Conclusion
A Main points

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