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Engel V Vitale

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by

Grace Miller

on 5 December 2014

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Transcript of Engel V Vitale

Arguments Of Both Sides
Decision
Impact of the Case
Prosecution:
state-sponsored prayers in public schools violate the Establishment Clause
religious instruction in public schools had been declared unconstitutional by the Supreme Court in McCollum v. Board of Education
Dissent
Public schools can't force students to participate in saying any religious prayers. This case was very controversial. It has changed our country because religion is not required in school, and there is a separation of church and state.

Engel V Vitale: Regents Prayer
Questions
This was the first case to come to the Supreme Court for school prayer. The local school board in Hyde Park, New York required all of the teachers to lead their class in reciting a 22-word, non-denominational prayer at the beginning of the school day. Ten parents sued the Board of Education of Union Free School District No. 9, for beginning every day with a prayer.
Background
The State court permitted the prayer to continue as long as no student was required to recite it. Under the state court ruling, students were free to remain silent or be excused from the classroom during the recitation of the prayer.
Ruling of the Lower Court
5 parents
the American Civil Liberties Union
the American Jewish Committee
the Anti-Defamation League of B'nai B'rith
the Synagogue Council of America
the National Community Relations Advisory Council
the American Ethical Union
over 20 states
the New York Board of Regents
Involved Parties
Engel V Vitale
By: Marcus Tracy
Grace Miller

Can Government write daily prayers for public school students to recite every morning?
Sources Used
MR. JUSTICE STEWART was the only dissent. His reasons were:
The Court does not hold, nor could it, that New York has interfered with the free exercise of religion
The state courts have made clear that those who object to reciting the prayer must be entirely free of any compulsion to do so, including "embarrassments and pressures."
The nondenominational nature of the prayer and the "absentee" provision removed constitutional challenges.
The 50th Anniversary of Engel v. Vitale: Ending Public School-led Prayer. American Humanist Association, n.d. Web. 26 Nov. 2014. <http://americanhumanist.org/HNN/details/2012-06-the-50th-anniversary-of-engel-v-vitale-ending-public>.
“ENGEL ET AL. v. VITALE ET AL.” ENGEL ET AL. v. VITALE ET AL. UMCK School of Law, n.d. Web. 26 Nov. 2014. <http://law2.umkc.edu/faculty/projects/ftrials/conlaw/engel.html>.
“Engel v. Vitale.” Educational-Law. Educational-Law, 25 Jan. 2012. Web. 26 Nov. 2014. <http://educational-law.org/275-engel-v-vitale.html>.
“Engel v. Vitale.” Enotes. Enotes, n.d. Web. 26 Nov. 2014. <http://www.enotes.com/topics/engel-v-vitale>.
“Engel v. Vitale.” Leagl Information Institute. cornell University Law School, n.d. Web. 26 Nov. 2014. <http://www.law.cornell.edu/supremecourt/text/370/421>.
“Engle vs. Vitale.” Encyclopaedia Britanica. Encyclopaedia Britanica, n.d. Web. 26 Nov. 2014. <http://www.britannica.com/EBchecked/topic/1507597/Engel-v-Vitale>.
“Engle v. Vitale.” The Free Dictionary. FARLEX, n.d. Web. 26 Nov. 2014. <http://legal-dictionary.thefreedictionary.com/Engle+v.+Vitale>.
“FACTS AND CASE SUMMARY: ENGEL V. VITALE.” United States Courts. United States, n.d. Web. 26 Nov. 2014. <http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/first-amendment/freedom-religion/facts-case-summary.aspx>.
“SpeechPressAssemblyPetitionResourcesNews & EventsEmail Signupadd_addressSearchPrint this document Engel v. Vitale, 370 U.S. 421 (1962).” First Amendment Center. First Amendment Schools, n.d. Web. 26 Nov. 2014. <http://www.firstamendmentschools.org/freedoms/case.aspx?id=465>.
MR. JUSTICE BLACK delivered the opinion of the Court. The decision was that "We think that by using its public school system to encourage recitation of the Regents' prayer, the State of New York has adopted a practice wholly inconsistent with the Establishment Clause. "
Defense:
the prayer was entirely optional
local school boards and parents could decide if it would be used
its authors had not written it to try their hand at prayer making
PBS.org. PBS, n.d. Web. 18 Nov. 2014. <http://www.pbs.org/jefferson/enlight/prayer.htm>.
Encyclopædia Britannica. "Encyclopædia Britannica" [Engel v. Vitale]. britannica. Accessed November 20, 2014. http://www.britannica.com/EBchecked/topic/1507597/Engel-v-Vitale
"digitalhistory." digitalhistory. Accessed November 20, 2014. http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=3&psid=1197.
"Engel v. Vitale." LCCivics. Accessed November 22, 2014. https://lccivics.wikispaces.com/Engel+v.+Vitale.
1962
2. James Madison wrote "it is proper to take alarm at the first experiment on our liberties." What do you think he meant by that? Is saying an official prayer in school the first step toward "establishing" religion?
- We think that James Madison thought it was proper to establish religion in school.
1. Do you think the first Amendment forbids organized prayer in schools?
-The first amendment does not forbid organized prayer in school, but establishing peoples religion is banned.
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