U.S.
Supreme Court
Engel v. Vitale, 370 U.S. 421 (1962)
Engel v. Vitale
Annotation
Primary Holding
The state cannot hold prayers in public schools, even if it is not required and not tied to
a particular religion.
Facts
The state board of regents in New York wrote a voluntary prayer to Almighty God that
was intended to open each school day. A group of organizations joined forces in
challenging the prayer, including families and institutions dedicated to the Jewish faith.
They claimed that this violated the Establishment Clause of the First Amendment, but
the New York Court of Appeals rejected their arguments. While nearly half of the state
governors in the U.S. contributed to an amicus brief asking the Court to uphold this
finding that the prayer was constitutional, several national Jewish organizations
submitting opposing briefs seeking its invalidation.
Opinions
Majority
      Hugo Lafayette Black (Author)
      Earl Warren
      William Orville Douglas
      Tom C. Clark
      John Marshall Harlan II
      William Joseph Brennan, Jr.
Relying on historical analysis, Black emphasized the significance of separating church
from state and identified a school prayer as a religious activity, no matter its specific
wording. As a result, the state of New York had used its power to promote a certain set
of religious beliefs by encouraging children to comply with its own. Black was not
persuaded that the general wording of the prayer and the fact that the prayer was
voluntary were enough to insulate it from the First Amendment. He observed that not
every religion recognizes a God, so some are necessarily excluded even with this
wording.
Concurrence
      William Orville Douglas (Author)
Dissent
      Potter Stewart (Author)
Recused
      Byron Raymond White (Author)
      Felix Frankfurter
Case Commentary
While students theoretically could have opted out of participating in the prayer, the
majority and proponents of its decision recognized that children are unlikely to choose
not to engage in a teacher-led activity. The outcome might be different if the case had
involved an educational institution with adult students.
The Court's general antipathy toward prayer in schools would be extended by later
decisions that struck down clergy-led prayers at graduation ceremonies, student-led
prayers at football games, and time set aside during the school day for prayer or
meditation.