{"id":372462,"date":"2016-03-31T21:34:51","date_gmt":"2016-04-01T02:34:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/education-laws\/details-on-state-prayer-in-public-school-laws.html"},"modified":"2022-06-15T14:16:37","modified_gmt":"2022-06-15T19:16:37","slug":"details-on-state-prayer-in-public-school-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/education-laws\/details-on-state-prayer-in-public-school-laws.html","title":{"rendered":"Details on State Prayer in Public School Laws"},"content":{"rendered":"\n
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Details on State Prayer in Public School Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Steven Ellison, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The concept of prayer in public schools remains controversial more than 50 years after the U.S. Supreme Court ruled against school-led or school-sponsored prayer. In fact, many critics of the 1962 ruling (Engel v. Vitale<\/i> ) claim that the absence of prayer in public schools is to blame for drug use, violence, and societal decay in general. However, schools may not prohibit students from praying voluntarily as long as it is done silently; does not disrupt others; and does not subject other students to peer pressure. The case for reintroducing school-sponsored prayer has only weakened as the nation continues to become more diverse in general.<\/p>\r\n

This article explores state laws and federal precedent regarding prayer in public schools. See FindLaw’s Religion at School<\/a> section to learn more.<\/p>\r\n

The Federal Ban on School-Sponsored Prayer<\/h2>\r\n

Prior to the Court’s ruling (Engel v. Vitale<\/i> ), it was not unusual for public schools to lead students in a Christian prayer at the start of the school day. But this didn’t sit well with a group of predominantly Jewish families in Hyde Park, New York who believed the prayer violated their children’s constitutional rights. The U.S. Supreme Court agreed, ruling 6-1 (Engel v. Vitale<\/a><\/i>, 1962) that school-sponsored prayer violated the First Amendment to the U.S. Constitution.<\/p>\r\n

In reaching its decision, the Court cited the Establishment Clause<\/a> of the First Amendment, which protects citizens from governmental establishment of an official religion. Since public schools are government institutions, a school-led prayer violates this principle. And even though the prayer at the center of the Engel<\/i> case only made reference to a vague "Almighty God," the Court held that it still promoted a group of monotheistic religions and thus violated the Constitution.<\/p>\r\n

Subsequent courts have ruled that student prayer must be done silently, so as not to marginalize religious minorities.<\/p>\r\n

State School Prayer Laws<\/h2>\r\n

Most states changed their statutes with regard to school prayer in order to comply with the 1962 Supreme Court ruling. Federal law required schools to permit only voluntary, silent, and non-disruptive prayer. Some states repealed their school prayer laws entirely, but others passed legislation allowing for a one-minute period of silence<\/a> during which a student may pray, meditate, or engage in silent activity.<\/p>\r\n

But not all states changed their laws. Others flagrantly defied federal law by enacting new statutes permitting various types of school-sponsored prayer. Regardless, statutes allowing this type of prayer in public schools are invalid and may not be enforced. States that still have unconstitutional school prayer laws on the books include:<\/p>\r\n