Cheerleaders at New Rochelle High School praying before an athletic event
School prayer in the United States if organized by the school is largely banned from public elementary, middle and high schools by a series of Supreme Court decisions since 1962. Students may pray privately, and join religious clubs in after-school hours. Public schools, such as local school districts, are banned from conducting religious observances such as prayer. Private and parochial schools are not covered by these rulings, nor are colleges and universities. Elementary and secondary schools are covered because students are required to attend, and are considered more at risk from official pressure than are older students and adults. The Constitutional basis for this prohibition is the First Amendment to the United States Constitution, which requires that:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...
The first part of the amendment ("Congress shall make no law respecting an establishment of religion") is known as the Establishment Clause of the First Amendment, while the second part ("or prohibiting the free exercise thereof") is known as the Free Exercise Clause.
Although each of these clauses originally applied only to the central US government, the Fourteenth Amendment extended the scope of the entire First Amendment to all levels of government, including the state and local levels,[1] thus compelling states and their public schools to adopt an equally detached approach to religion in schools.
Since 1962, the Supreme Court has repeatedly ruled that school-mandated prayers in public schools are unconstitutional. The Supreme Court has also ruled that voluntary school prayers are also unconstitutional, because they force some students to be outsiders to the main group, and because they subject dissenters to intense peer group pressure.[2][3]
^Marshall, W. P. (1999). "The School Prayer Decisions". Constitutional Commentary 16(3), 535.
^Palestini, Robert; Palestini Falk, Karen (2002). Law and American Education: An Instructor's Guide. R&L Education. p. 33. ISBN 9781461731634. Archived from the original on 2021-12-26. Retrieved 2019-02-24.
^505 U.S. 577, Syllabus.
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