Download Engel v. Vitale

Engel v. Vitale
Andrew Kaczynski
• Engel v. Vitale – 1962
• Heard on April 3rd, 1962
• Ruled on June 25th, 1962
Official Details
• Basically, after world war 2 the country was in a fear of
the spread of communism, and people tried to promote
patriotism. Schools in New York participated in this by
establishing a prayer that was optional to say at the
beginning of every school day. The school board said that
the prayer made kids have good moral character, good
patriotism, and better citizenship qualities.
History.
• Ten parents of students in a New York school, including
Steven Engel, filed a lawsuit against the school board
president, William Vitale.
• The Parents thought that the prayer was against the
Establishment Clause of the 1st amendment
The Case
• “Almighty God, we acknowledge our dependence upon
thee, and we beg thy blessings upon us, our parents, our
teachers, and our country.”
The Prayer
• There has been religion in schools before this, just not
officially. Kids would be able to pray and practice
religion and some classes said prayers. There is a “wall”
between religion and schools, this case just determined
how high this “wall” was.
• Kids today are allowed to practice their religion, its just
that the school board can not influence it.
Public Policy
• The prayer was unconstitutional
• It was against the Establishment clause of the 1st
amendment
• The separation of church and government required that
government stay out of religion completely
• The prayer should be banned
• Time should not be taken out of the school day to say a
religious prayer.
Plaintiff’s arguments
• The US government did not establish a religion by
making a nondenominational prayer
• A lot of religious elements are associated with
government and the officials that reflects the religious
heritage of the nation
• New York acted constitutionally by providing a prayer
that was not required to say
Defendant’s Arguments
• Means “Friend to the court” in Latin
• Many third parties filed briefs to the case.
• 22 attorney generals from different states filed briefs
supporting Vitale in his case, and 3 gave oral arguments.
• Then again, The American Ethical Union, the American
Jewish Committee, and the Synagogue Council of
America all argued for Steven Engel, and opposing the
Regent’s prayer.
Amicus Curiae Briefs
• The court decided to rule in favor of Engel, with a 6-1
majority, with 2 justices not participating. They ruled that
the prayer was completely unconstitutional, and totally
against the Establishment Clause of the first amendment.
Decision
• Reasoning behind the 6 vote
• “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. There
can, of course, be no doubt that New York's program of daily
classroom invocation of God's blessings…in the Regents' Prayer is a
religious activity…”
• “When the power, prestige and financial support of government are
placed behind a particular religious belief, the indirect coercive
pressure upon religious minorities to conform to the prevailing
officially approved religion is plain…. The Establishment Clause
thus stands as an expression of principle on the part of the Founders
of our Constitution that religion is too personal, too sacred, too holy,
to permit its 'unhallowed perversion' by a civil magistrate.”
Decision
• Reason behind the 1 vote
• Stewart wrote that he thought the other justices were wrong.
He said that he does not see how allowing a completely
optional prayer for a school is unconstitutional. He also said
that “IN GOD WE TRUST” being printed on coins since 1865
has never been challenged. And “ONE NATION, UNDER
GOD” in the pledge of allegiance.
• This is a great example of his argument, along with other
references to god in our country. He said that it is clearly stated
that the prayer was optional, and that it is no different than the
“IN GOD WE TRUST” on our coins.
Decision
• Was the first case that set the precedent that government
sponsored prayers is a violation of the Establishment
Clause
Precedent
• Since this case most schools have not challenged the
walls of church and school/government. They know what
the outcome will be if they do.
Long Term Effects
• http://www.infoplease.com/us/supreme-court/cases/ar10.html
• http://quizlet.com/8562694/name-that-supreme-court-casespecifically-precedents-flash-cards/
• http://www.britannica.com/EBchecked/topic/1507597/Engelv-Vitale
• http://www.techlawjournal.com/glossary/legal/amicus.htm
• http://books.google.com/books?id=eTZVX_ETxGcC&pg=PA
71&lpg=PA71&dq=amicus+curiae+briefs+for+engel+v.+vitale
&source=bl&ots=j10AVxzFR&sig=6u2_RupAW0OXmymzkVOygC29ktg&hl=en
&sa=X&ei=eS5pUprdIZDTkQfKyYCQAg&ved=0CFwQ6AE
wCA#v=onepage&q=amicus%20curiae%20briefs%20for%20e
ngel%20v.%20vitale&f=false
Works Cited