Lee v.

Weisman
Brief Fact Summary. The Defendant, Rachel Weisman (Defendant), alleges that
a school sponsored, non-denominational prayer offered at a public school
graduation violated the Religion Clauses of the First Amendment of the United
States Constitution (Constitution).

Synopsis of Rule of Law. A public school cannot sponsor clerics to conduct even
a non-denominational prayer as part of a graduation ceremony as the
Constitution guarantees that government may not coerce anyone to support or
participate in religion or its exercise or otherwise act in a way, which establishes
a state religion, or tends to do so.

Facts.

 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.

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

Held. Yes The principal’s act of giving the cleric guidelines for the prayer means
the principal directed and controlled the content of the prayer in direct
violation of the Establishment Clause of the Constitution, which prohibits the
preferring one religion over another.

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.

The court stated that the question is not the good faith of the school in
attempting to make the prayer acceptable to most persons, but the legitimacy
of its undertaking that enterprise at all, when the object is to produce a prayer
to be used in a formal religious exercise, which students, for all practical
purposes, are obliged to attend.