Question

Engel v. Vitale / Excerpts from the Majority Opinion

1. What historical example does the Court use to justify its decision?



2. The Court cites "the dangers of a union of Church and State." Explain.



3. What does the Court respond to the argument that the prayer was "non-denominational and
voluntary?"



4. How does the Court respond to the state's argument that preventing the government from
sponsoring a prayer amounts to hostility toward religion?

Answer 1

The Court uses the example of the Establishment Clause in the First Amendment of the Constitution to justify its decision.

The Court cites "the dangers of a union of Church and State" by referring to the fact that such a union could lead to a government-sponsored religion and restrict religious freedom. The Court argues that such a union would be in violation of the First Amendment's protection of religious freedom.

The Court responds to the argument that the prayer was "non-denominational and voluntary" by stating that it is immaterial whether the prayer was voluntary or not. The Court argues that the presence of a prayer in a public school, regardless of its content, constitutes government sponsorship of religion.

The Court responds to the state's argument that preventing the government from sponsoring a prayer amounts to hostility toward religion by stating that the Establishment Clause is not a hostility toward religion, but rather a protection of religious freedom. The Court argues that allowing the government to sponsor a prayer would actually be hostile to religion because it would restrict religious freedom by promoting one particular religious viewpoint over others.