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Defining Freedom > Freedom of Religion > Answer to Question 2



It depends.
Students may pray in a public school as long as they don’t infringe on others’ rights.
But school officials may not organize student religious activities.



The Supreme Court has ruled in several cases that the state and school officials cannot require students to pray in school. The Court has not formally weighed in on the issue of prayer in public schools itself.

Engel v. Vitale (1962)
The state of New York required students to read a state-composed prayer at the start of each school day. The law was declared unconstitutional for violating the Establishment Clause, which prohibits the government from endorsing or establishing a religion. It became a landmark Supreme Court case for the issue of prayer in public schools.


Wallace v. Jaffree (1985)
The state of Alabama set aside a time for “voluntary prayer” and allowed public school teachers to lead those willing to participate in prayer. In Wallace v. Jaffree the court ruled that the law endorsed religion and had no
secular purpose.


Santa Fe Independent School District v. Doe (2000)
The Supreme Court rules 6-3 that a school district policy where students vote on a prayer to be read by a student before a football game is a violation of the Establishment Clause. The voting policy is considered religious coercion of the minority by the majority.


Sherman v. Koch (2010)
Sherman v. Koch (2010) is not a Supreme Court case and was decided by the U.S. 7th Circuit Court of Appeals, which covers the Chicagoland region.

In 2007, the Illinois legislature passed the Illinois Silent Reflection and Student Prayer Act, which required a period of “silent prayer or silent reflection” during each school day. Dawn Sherman, 14, and her father, Rob Sherman an activist for atheism issues, filed a lawsuit against the state arguing that the law was unconstitutional and violated separation of church and state.

A federal court initially ruled in favor of the Shermans but then the decision was overturned by the U.S. 7th Circuit Court of Appeals. The court upheld the law because it doesn’t specifically call for students to engage in prayer. The moment for reflection serves a secular and practical purpose, giving students time to settle down and prepare for the day.


Lemon v. Kurtzman (1971)
Although this case doesn’t deal with prayer in public schools, it is a significant Supreme Court ruling that interprets the religious freedom clause of the First Amendment. In this case, Pennsylvania and Rhode Island had laws that allowed those states to reimburse religious schools for textbooks and teacher salaries. The Court struck down these laws because it found that paying for textbooks and salaries was indirectly advancing the education process of one particular religion. The Court also felt that the government would be getting too involved with religion because of the need to continuously monitor the reimbursement process.

Out of this case, the Lemon test was established. When looking at whether a law violates the First Amendment’s Establishment Clause, a court must check if:

the program or activity has a primarily secular purpose
its main effect promotes or discourages religion
it ensures that the government and religion are not excessively entangled



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