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. United States law does permit religious education of public school students, along with voluntary prayer, during school hours under the principle of released time as "long as the teachers are not state-approved, public money is not involved, and there is no state coercion."[2]
- ^ Marshall, W. P. (1999). "The School Prayer Decisions". Constitutional Commentary 16(3), 535.
- ^ Limbaugh, David (25 September 2003). Persecution: How Liberals Are Waging War Against Christians. Simon and Schuster. ISBN 978-1-59698-147-8.
Such arrangements, known as released-time programs, have been around since 1914, when Gary, Indiana, school superintendent William Wirt originated the concept. It has been estimated that as many as 600,000 students in thirty-two states participate in these programs. The United States Supreme Court held, in Zorach v. Clauson (1952), that they are permissible under the Constitution so long as the teachers are not state-approved, public money is not involved, and there is no state coercion.