In Engel v. Vitale, 370 U.S. 421 (1962) and Abington School District v. Schempp, 374 U.S. 203 (1963), the Supreme Court ruled that state-sponsored prayer and activities are prohibited in our public
schools as they violate the Establishment Clause of the First Amendment. It also has ruled that
students can engage in prayer and Bible study clubs during non-instructional hours, but school staff
cannot be involved.
In 2022, the Supreme Court decided Kennedy v. Bremerton School District as to whether a Washington state school board violated the rights of a football coach because the coach
refused to stop kneeling in silent prayer on the school field after football games. Can educational
officials prohibit school staff from praying in front of students in an effort to avoid promoting certain
religions and violating the Establishment Clause of the First Amendment?
1. Research the details of Kennedy and then Shepardize Engel and Abington School District. What did the Court decide in Kennedy and how does the Court’s reasoning differ from other cases regarding
prayer in public schools?
2. How does Kennedy compare to Good News Club v. Milford Central School, 533 U.S. 98 (2001)?
3. What were Justice Sotomayor’s concern in Kennedy about coercion and her point about Lemon v.
Kurtzman, 403 U. S. 602 (1971)? What about Lee v. Weisman, 505 U.S. 577 (1992) and the issue of
“pressure” on public school students?
4. For your initial post: prepare a formal law firm letter to the administrators of your local public school (real or hypothetical) explaining the issues noted above.
a. Find a law review article on this topic and incorporate points from the article into your letter.
b. What major theories or practices from allied fields (e.g., education, public policy, psychology,
sociology, etc.) could or should influence your local public school’s interests relative to how the
Establishment Clause applies to its operations?
c. What impact does the state and/or local government have on this school’s operations, relative to
application of the Establishment Clause? If available, provide data about how the local residents feel
about this school and the Establishment Clause’s intended separation of church and state.
d. Conclude by summarizing your thoughts about how well the school complies with existing
Establishment Clause-related law. If improvements are needed, then provide recommendations,
including the rationale for each one.
