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Lee v. Weisman

Supreme Court of the United States · 1992 · Constitutional Law

Constitutional LawEstablishment Clausegraduation prayerpublic schoolEstablishment ClauseFirst Amendmentpublic schoolgraduation

Facts

Providence public school principals were permitted to invite clergy to deliver invocations and benedictions at middle school and high school graduations. At Deborah Weisman's middle school graduation, the principal invited a rabbi, gave him a pamphlet of "Guidelines for Civic Occasions," and advised that the prayers be nonsectarian. Students stood for the Pledge of Allegiance and remained standing during the prayers at the formal, school-controlled ceremony. Although attendance was stipulated to be voluntary, Deborah remained enrolled in the Providence schools and it appeared likely that prayer would also be included at her future high school graduation.

Issue

Does the Establishment Clause permit public school officials to include clergy-delivered invocation and benediction prayers in an official middle school or high school graduation ceremony? More specifically, may the State direct and sponsor a formal religious exercise at graduation where objecting students are, in a fair and real sense, pressured to attend and participate?

Rule

At a minimum, the Establishment Clause forbids government from coercing anyone to support or participate in religion or its exercise. In the public school context, the State may not direct, control, or sponsor a formal religious exercise at graduation when students are subject to subtle but real coercive pressures to stand, remain silent, or otherwise participate, even if the prayer is brief, nonsectarian, and attendance is formally voluntary.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

At a public high school in Columbus, Ohio, the principal decides that commencement should open with a brief blessing. She invites a local imam, gives him written instructions to keep the message inclusive and nonsectarian, and the printed program directs graduates to rise for that portion of the ceremony. Attendance is officially optional, but nearly all seniors attend with their families.

Under the governing rule, is the school's practice most likely constitutional?

Explanation. The practice is unconstitutional. The majority opinion emphasized that the Establishment Clause forbids government from coercing participation in religion. Here, school officials decided prayer would occur, selected the clergy member, and attempted to shape the content. That creates a state-sponsored and state-directed religious exercise. Formal voluntariness does not cure the problem at graduation because attendance is, in a fair and real sense, obligatory given the event's singular importance.