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-
- /* The Court's most recent opinion on Church v. State takes the
- form of a prayer at junior high school graduation being found to
- be unconstitutional. */
-
- NOTE: Where it is feasible, a syllabus (headnote) will be
- released, as is being done in connection with this case, at the
- time the opinion is issued. The syllabus constitutes no part of
- the opinion of the Court but has been prepared by the Reporter of
- Decisions for the convenience of the reader. See United States
- v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- LEE et al. v. WEISMAN, PERSONALLY AND AS
- NEXT FRIEND OF WEISMAN
- certiorari to the united states court of appeals for
- the first circuit
-
- No. 90-1014. Argued November 6, 1991-Decided June 24, 1992
-
- /* A case which took the court a comparatively long time to rule
- upon. */
-
- Principals of public middle and high schools in Providence, Rhode
- Island, are permitted to invite members of the clergy to give
- invocations and benedictions at their schools' graduation
- ceremonies. Petitioner Lee, a middle school principal, invited a
- rabbi to offer such prayers at the graduation ceremony for
- Deborah Weisman's class, gave the Rabbi a pamphlet containing
- guidelines for the composition of public prayers at civic
- ceremonies, and advised him that the prayers should be
- nonsectarian. Shortly before the ceremony, the District Court
- denied the motion of respondent Weisman, Deborah's father, for a
- temporary restraining order to prohibit school officials from
- including the prayers in the ceremony. Deborah and her family
- attended the ceremony, and the prayers were recited.
- Subsequently, Weisman sought a permanent injunction barring Lee
- and other petitioners, various Providence public school
- officials, from inviting clergy to deliver invocations and
- benedictions at future graduations. It appears likely that such
- prayers will be conducted at Deborah's high school graduation.
- The District Court enjoined petitioners from continuing the
- practice at issue on the ground that it violated the
- Establishment Clause of the First Amendment. The Court of
- Appeals affirmed.
-
- Held: Including clergy who offer prayers as part of an official
- public school graduation ceremony is forbidden by the
- Establishment Clause. Pp.7-19.
-
- (a) This Court need not revisit the questions of the
- definition and scope of the principles governing the extent of
- permitted accommodation by the State for its citizens' religious
-
- beliefs and practices, for the controlling precedents as they
- relate to prayer and religious exercise in primary and secondary
- public schools compel the holding here. Thus, the Court will not
- reconsider its decision in Lemon v. Kurtzman, 403 U.S. 602. The
- principle that government may accommodate the free exercise of
- religion does not supersede the fundamental limitations imposed
- by the Establishment Clause, which guarantees at a minimum that a
- government may not coerce anyone to support or participate in
- religion or its exercise, or otherwise act in a way which
- "establishes a [state] religion or religious faith, or tends to
- do so." Lynch v. Donnelly, 465 U.S. 668, 678. Pp.7-8.
-
- (b) State officials here direct the performance of a
- formal religious exercise at secondary schools' promotional and
- graduation ceremonies. Lee's decision that prayers should be
- given and his selection of the religious participant are choices
- attributable to the State. Moreover, through the pamphlet and
- his advice that the prayers be nonsectarian, he directed and
- controlled the prayers' content. That the directions may have
- been given in a good faith attempt to make the prayers acceptable
- to most persons does not resolve the dilemma caused by the
- school's involvement, since the government may not establish an
- official or civic religion as a means of avoiding the
- establishment of a religion with more specific creeds. Pp.8-11.
-
- (c) The Establishment Clause was inspired by the lesson
- that in the hands of government what might begin as a tolerant
- expression of religious views may end in a policy to indoctrinate
- and coerce. Prayer exercises in elementary and secondary schools
- carry a particu- lar risk of indirect coercion. Engel v. Vitale,
- 370 U.S. 421; Abington School District v. Schempp, 374 U.S. 203.
- The school district's supervision and control of a high school
- graduation ceremony places subtle and indirect public and peer
- pressure on attending students to stand as a group or maintain
- respectful silence during the invocation and benediction. A
- reasonable dissenter of high school age could believe that
- standing or remaining silent signified her own participation in,
- or approval of, the group exercise, rather than her respect for
- it. And the State may not place the student dissenter in the
- dilemma of participating or protesting. Since adolescents are
- often susceptible to peer pressure, especially in matters of
- social convention, the State may no more use social pressure to
- enforce orthodoxy than it may use direct means. The
- embarrassment and intrusion of the religious exercise cannot be
- refuted by arguing that the prayers are of a de minimis
- character, since that is an affront to the Rabbi and those for
- whom the prayers have meaning, and since any intrusion was both
- real and a violation of the objectors' rights. Pp.11-15.
-
- (d) Petitioners' argument that the option of not
- attending the ceremony excuses any inducement or coercion in the
- ceremony itsel is rejected. In this society, high school
- graduation is one of life's most significant occasions, and a
- student is not free to absent herself from the exercise in any
- real sense of the term "voluntary." Also not dispositive is the
- contention that prayers are an essential part of these ceremonies
- because for many persons the occasion would lack meaning without
- the recognition that human achievements cannot be understood
- apart from their spiritual essence. This position fails to
- acknowledge that what for many was a spiritual imperative was for
- the Weismans religious conformance compelled by the State. It
- also gives insufficient recognition to the real conflict of
- conscience faced by a student who would have to choose whether to
- miss graduation or conform to the state-sponsored practice, in an
- environment where the risk of compulsion is especially high.
- Pp.15-17.
-
- (e) Inherent differences between the public school system
- and a session of a state legislature distinguish this case from
- Marsh v. Chambers, 463 U.S. 783, which condoned a prayer
- exercise. The atmosphere at a state legislature's opening, where
- adults are free to enter and leave with little comment and for
- any number of reasons, cannot compare with the constraining
- potential of the one school event most important for the student
- to attend. Pp.17-18.
- 908 F.2d 1090, affirmed.
-
- Kennedy, J., delivered the opinion of the Court, in which
- Blackmun, Stevens, O'Connor, and Souter, JJ., joined. Blackmun,
- J., and Souter, J., filed concurring opinions, in which Stevens
- and O'Connor, JJ., joined. Scalia, J., filed a dissenting
- opinion, in which Rehnquist, C.J., and White and Thomas, JJ.,
- joined.
-
-
- Justice Kennedy delivered the opinion of the Court.
-
- School principals in the public school system of the city
- of Providence, Rhode Island, are permitted to invite members of
- the clergy to offer invocation and benediction prayers as part of
- the formal graduation ceremonies for middle schools and for high
- schools. The question before us is whether including clerical
- members who offer prayers as part of the official school
- graduation ceremony is consistent with the Religion Clauses of
- the First Amendment, provisions the Fourteenth Amendment makes
- applicable with full force to the States and their school
- districts.
-
- I
- A
-
- Deborah Weisman graduated from Nathan Bishop Middle
- School, a public school in Providence, at a formal ceremony in
- June 1989. She was about 14 years old. For many years it has
- been the policy of the Providence School Committee and the
- Superintendent of Schools to permit principals to invite members
- of the clergy to give invocations and benedictions at middle
- school and high school graduations. Many, but not all, of the
- principals elected to include prayers as part of the graduation
- ceremonies. Acting for himself and his daughter, Deborah's
- father, Daniel Weisman, objected to any prayers at Deborah's
- middle school graduation, but to no avail. The school principal,
- petitioner Robert E. Lee, invited a rabbi to deliver prayers at
- the graduation exercises for Deborah's class. Rabbi Leslie
- Gutterman, of the Temple Beth El in Providence, accepted.
-
- It has been the custom of Providence school officials to
- provide invited clergy with a pamphlet entitled "Guidelines for
- Civic Occasions," prepared by the National Conference of
- Christians and Jews. The Guidelines recommend that public
- prayers at nonsectarian civic ceremonies be composed with
- "inclusiveness and sensitivity," though they acknowledge that
- "[p]rayer of any kind may be inappropriate on some civic
- occasions." App. 20-21. The principal gave Rabbi Gutterman the
- pamphlet before the graduation and advised him the invocation and
- benediction should be nonsectarian. Agreed Statement of Facts
- -17, id., at 13.
-
- Rabbi Gutterman's prayers were as follows:
-
- "INVOCATION
- "God of the Free, Hope of the Brave:
- "For the legacy of America where diversity is cele-
- brated and the rights of minorities are protected, we thank You.
- May these young men and women grow up to enrich it.
- "For the liberty of America, we thank You. May these new
- graduates grow up to guard it.
- "For the political process of America in which all its
- citizens may participate, for its court system where all may seek
- justice we thank You. May those we honor this morning always
- turn to it in trust.
- "For the destiny of America we thank You. May the
- graduates of Nathan Bishop Middle School so live that they might
- help to share it.
- "May our aspirations for our country and for these young
- people, who are our hope for the future, be richly fulfilled.
- AMEN"
-
- "BENEDICTION
- "O God, we are grateful to You for having endowed us with
- the capacity for learning which we have celebrated on this joyous
- commencement.
- "Happy families give thanks for seeing their children
- achieve an important milestone. Send Your blessings upon the
- teachers and administrators who helped prepare them.
- "The graduates now need strength and guidance for the
- future, help them to understand that we are not complete with
- academic knowledge alone. We must
- each strive to fulfill what You require of us all: To do justly,
- to love mercy, to walk humbly.
- "We give thanks to You, Lord, for keeping us alive,
- sustaining us and allowing us to reach this special, happy
- occasion.
- AMEN"
- Id., at 22-23.
-
- The record in this case is sparse in many respects, and
- we are unfamiliar with any fixed custom or practice at middle
- school graduations, referred to by the school district as
- "promotional exercises." We are not so constrained with reference
- to high schools, however. High school graduations are such an
- integral part of American cultural life that we can with
- confidence describe their customary features, confirmed by
- aspects of the record and by the parties' representations at oral
- argument. In the Providence school system, most high school
- graduation ceremonies are conducted away from the school, while
- most middle school ceremonies are held on school premises.
- Classical High School, which Deborah now attends, has conducted
- its graduation ceremonies on school premises. Agreed State- ment
- of Facts -37, id., at 17. The parties stipulate that attendance
- at graduation ceremonies is voluntary. Agreed Statement of Facts
- -41, id., at 18. The graduating students enter as a group in a
- processional, subject to the direction of teachers and school
- officials, and sit together, apart from their families. We
- assume the clergy's participation in any high school graduation
- exercise would be about what it was at Deborah's middle school
- ceremony. There the students stood for the Pledge of Allegiance
- and remained standing during the Rabbi's prayers. Tr. of Oral
- Arg. 38. Even on the assumption that there was a respectful
- moment of silence both before and after the prayers, the Rabbi's
- two presentations must not have extended much beyond a minute
- each, if that. We do not know whether he remained on stage
- during the whole ceremony, or whether the students received
- individual diplomas on stage, or if he helped to congratulate
- them.
-
- The school board (and the United States, which supports
- it as amicus curiae) argued that these short prayers and others
- like them at graduation exercises are of profound meaning to many
- students and parents throughout this country who consider that
- due respect and acknowledgement for divine guidance and for the
- deepest spiritual aspirations of our people ought to be expressed
- at an event as important in life as a graduation. We assume this
- to be so in addressing the difficult case now before us, for the
- significance of the prayers lies also at the heart of Daniel and
- Deborah Weisman's case.
-
- B
-
- Deborah's graduation was held on the premises of Nathan
- Bishop Middle School on June 29, 1989. Four days before the
- ceremony, Daniel Weisman, in his individual capacity as a
- Providence taxpayer and as next friend of Deborah, sought a
- temporary restraining order in the United States District Court
- for the District of Rhode Island to prohibit school officials
- from including an invocation or benediction in the graduation
- ceremony. The court denied the motion for lack of adequate time
- to consider it. Deborah and her family attended the graduation,
- where the prayers were recited. In July 1989, Daniel Weisman
- filed an amended complaint seeking a permanent injunction
- barring petitioners, various officials of the Providence public
- schools, from inviting the clergy to deliver invocations and
- benedictions at future graduations. We find it unnecessary to
- address Daniel Weisman's taxpayer standing, for a live and
- justiciable controversy is before us. Deborah Weisman is
- enrolled as a student at Classical High School in Providence and
- from the record it appears likely, if not certain, that an
- invocation and benediction will be conducted at her high school
- graduation. Agreed Statement of Facts -38, id., at 17.
-
- /* This is not the soundest basis for the ruling. In fact, the
- best is that the issue is "capable of reptition yet evading
- review. For that matter, a post hoc declaration that the act was
- wrong is also a viable remedy. */
-
- The case was submitted on stipulated facts. The District
- Court held that petitioners' practice of including invocations
- and benedictions in public school graduations violated the
- Establishment Clause of the First Amendment, and it enjoined
- petitioners from continuing the practice. 728 F. Supp. 68 (RI
- 1990). The court applied the three-part Establishment Clause
- test set forth in Lemon v. Kurtzman, 403 U. S. 602 (1971). Under
- that test as described in our past cases, to satisfy the
- Establishment Clause a governmental practice must (1) reflect a
- clearly secular purpose; (2) have a primary effect that neither
- advances nor inhibits religion; and (3) avoid excessive
- government entanglement with religion. Committee for Public
- Education & Religious Liberty v. Nyquist, 413 U. S. 756, 773
- (1973). The District Court held that petitioners' actions
- violated the second part of the test, and so did not address
- either the first or the third. The court decided, based on its
- reading of our precedents, that the effects test of Lemon is
- violated whenever government action "creates an identification of
- the state with a religion, or with religion in general," 728 F.
- Supp., at 71, or when "the effect of the governmental action is
- to endorse one religion over another, or to endorse religion in
- general." Id., at 72. The court determined that the practice of
- including invocations and benedictions, even so-called
- nonsectarian ones, in public school graduations creates an
- identification of governmental power with religious practice,
- endorses religion, and violates the Establishment Clause. In so
- holding the court expressed the determination not to follow Stein
- v. Plainwell Community Schools, 822 F.2d 1406 (1987), in which
- the Court of Appeals for the Sixth Circuit, relying on our
- decision in Marsh v. Chambers, 463 U. S. 783 (1983), held that
- benedictions and invocations at public school graduations are not
- always unconstitutional. In Marsh we upheld the
- constitutionality of the Nebraska State Legislature's practice of
- opening each of its sessions with a prayer offered by a chaplain
- paid out of public funds. The District Court in this case
- disagreed with the Sixth Circuit's reasoning because it believed
- that Marsh was a narrow decision, "limited to the unique
- situation of legislative prayer," and did not have any relevance
- to school prayer cases. 728 F. Supp., at 74.
-
- /* This is quite simply because adults, and state legislators at
- that can either safely ignore the prayer, or, walk out. That
- choice is unrealistic for a child. */
-
- On appeal, the United States Court of Appeals for the
- First Circuit affirmed. The majority opinion by Judge Torruella
- adopted the opinion of the District Court. 908 F.2d 1090 (1990).
- Judge Bownes joined the majority, but wrote a separate concurring
- opinion in which he decided that the practices challenged here
- violated all three parts of the Lemon test. Judge Bownes went on
- to agree with the District Court that Marsh had no application to
- school prayer cases and that the Stein decision was flawed. He
- concluded by suggesting that under Establishment Clause rules no
- prayer, even one excluding any mention of the Deity, could be
- offered at a public school graduation ceremony. 908 F.2d, at
- 1090-1097. Judge Campbell dissented, on the basis of Marsh and
- Stein. He reasoned that if the prayers delivered were
- nonsectarian, and if school officials ensured that persons
- representing a variety of beliefs and ethical systems were
- invited to present invocations and benedictions, there was no
- violation of the Establishment Clause. 908 F. 2d, at 1099. We
- granted certiorari, 499 U. S. ___ (1991), and now affirm.
-
- II
-
- These dominant facts mark and control the confines of our
- decision: State officials direct the performance of a formal
- religious exercise at promotional and graduation ceremonies for
- secondary schools. Even for those students who object to the
- religious exercise, their attendance and participation in the
- state-sponsored religious activity are in a fair and real sense
- obligatory, though the school district does not require
- attendance as a condition for receipt of the diploma.
-
- This case does not require us to revisit the difficult
- questions dividing us in recent cases, questions of the
- definition and full scope of the principles governing the extent
- of permitted accommodation by the State for the religious beliefs
- and practices of many of its citizens. See Allegheny County v.
- Greater Pittsburgh ACLU, 492 U. S. 573 (1989); Wallace v.
- Jaffree, 472 U. S. 38 (1985); Lynch v. Donnelly, 465 U. S. 668
- (1984). For without reference to those principles in other
- contexts, the controlling precedents as they relate to prayer and
- religious exercise in primary and secondary public schools compel
- the holding here that the policy of the city of Providence is an
- unconstitutional one. We can decide the case without
- reconsidering the general constitutional framework by which
- public schools' efforts to accommodate religion are measured.
- Thus we do not accept the invitation of petitioners and amicus
- the United States to reconsider our decision in Lemon v.
- Kurtzman, supra. The government involvement with
- religious activity in this case is pervasive, to the point of
- creating a state-sponsored and state-directed religious exercise
- in a public school. Conducting this formal religious observance
- conflicts with settled rules pertaining to prayer exercises for
- students, and that suffices to determine the question before us.
-
- The principle that government may accommodate the free
- exercise of religion does not supersede the fundamental
- limitations imposed by the Establishment Clause. It is beyond
- dispute that, at a minimum, the Constitution guarantees that
- government may not coerce anyone to support or participate in
- religion or its exercise, or otherwise act in a way which
- "establishes a [state] religion or religious faith, or tends to
- do so." Lynch, supra, at 678; see also Allegheny County, supra,
- at 591 quoting Everson v. Board of Education of Ewing, 330 U. S.
- 1, 15-16 (1947). The State's involvement in the school prayers
- challenged today violates these central principles.
-
- That involvement is as troubling as it is undenied. A
- school official, the principal, decided that an invocation and a
- benediction should be given; this is a choice attributable to the
- State, and from a constitutional perspective it is as if a state
- statute decreed that the prayers must occur. The principal chose
- the religious participant, here a rabbi, and that choice is also
- attributable to the State. The reason for the choice of a rabbi
- is not disclosed by the record, but the potential for
- divisiveness over the choice of a particular member of the clergy
- to conduct the ceremony is apparent.
-
- Divisiveness, of course, can attend any state decision
- respecting religions, and neither its existence nor its potential
- necessarily invalidates the State's attempts to accommodate
- religion in all cases. The potential for divisiveness is of
- particular relevance here though, because it centers around an
- overt religious exercise in a secondary school environment where,
- as we discuss below, see infra, at __, subtle coercive pressures
- exist and where the student had no real alternative which would
- have allowed her to avoid the fact or appearance of
- participation.
-
- The State's role did not end with the decision to include
- a prayer and with the choice of clergyman. Principal Lee
- provided Rabbi Gutterman with a copy of the "Guidelines for Civic
- Occasions," and advised him that his prayers should be
- nonsectarian. Through these means the principal directed and
- controlled the content of the prayer. Even if the only sanction
- for ignoring the instructions were that the rabbi would not be
- invited back, we think no religious representative who valued his
- or her continued reputation and effectiveness in the community
- would incur the State's displeasure in this regard. It is a
- cornerstone principle of our Establishment Clause jurisprudence
- that "it is no part of the business of government to compose
- official prayers for any group of the American people to recite
- as a part of a religious program carried on by government," Engel
- v. Vitale, 370 U. S. 421, 425 (1962), and that is what the
- school officials attempted to do.
-
- Petitioners argue, and we find nothing in the case to
- refute it, that the directions for the content of the prayers
- were a good-faith attempt by the school to ensure that the
- sectarianism which is so often the flashpoint for religious
- animosity be removed from the graduation ceremony. The concern
- is understandable, as a prayer which uses ideas or images
- identified with a particular religion may foster a different sort
- of sectarian rivalry than an invocation or benediction in terms
- more neutral. The school's explanation, however, does not
- resolve the dilemma caused by its participation. The question is
- not the good faith of the school in attempting to make the prayer
- acceptable to most persons, but the legitimacy of its undertaking
- that enterprise at all when the object is to produce a prayer to
- be used in a formal religious exercise which students, for all
- practical purposes, are obliged to attend.
-
- We are asked to recognize the existence of a practice of
- nonsectarian prayer, prayer within the embrace of what is known
- as the Judeo-Christian tradition, prayer which is more acceptable
- than one which, for example, makes explicit references to the God
- of Israel, or to Jesus Christ, or to a patron saint. There may
- be some support, as an empirical observation, to the statement of
- the Court of Appeals for the Sixth Circuit, picked up by Judge
- Campbell's dissent in the Court of Appeals in this case, that
- there has emerged in this country a civic religion, one which is
- tolerated when sectarian exercises are not. Stein, 822 F. 2d,
- at 1409; 908 F.2d 1090, 1098-1099 (CA1 1990) (Campbell, J.,
- dissenting) (case below); see also Note, Civil Religion and the
- Establishment Clause, 95 Yale L.J. 1237 (1986). If common ground
- can be defined which permits once conflicting faiths to express
- the shared conviction that there is an ethic and a morality which
- transcend human invention, the sense of community and purpose
- sought by all decent societies might be advanced. But though the
- First Amendment does not allow the government to stifle prayers
- which aspire to these ends, neither does it permit the government
- to undertake that task for itself.
-
- /* And what of those who are Muslim, Hindu or atheist? The first
- amendment protect the single individual against the "reasonable"
- dictates of the majority. */
-
- The First Amendment's Religion Clauses mean that
- religious beliefs and religious expression are too precious to be
- either proscribed or prescribed by the State. The design of the
- Constitution is that preservation and transmission of religious
- beliefs and worship is a responsibility and a choice committed to
- the private sphere, which itself is promised freedom to pursue
- that mission. It must not be forgotten then, that while concern
- must be given to define the protection granted to an objector or
- a dissenting non- believer, these same Clauses exist to protect
- religion from government interference. James Madison, the
- principal author of the Bill of Rights, did not rest his
- opposition to a religious establishment on the sole ground of its
- effect on the minority. A principal ground for his view was:
- "[E]xperience witnesseth that ecclesiastical establishments,
- instead of maintaining the purity and efficacy of Religion, have
- had a contrary operation." Memorial and Remonstrance Against
- Religious Assessments (1785), in 8 Papers of James Madison 301
- (W. Rachal, R. Rutland, B. Ripel, & F.Teute eds. 1973).
-
- These concerns have particular application in the case of
- school officials, whose effort to monitor prayer will be
- perceived by the students as inducing a participation they might
- otherwise reject. Though the efforts of the school officials in
- this case to find common ground appear to have been a good-faith
- attempt to recognize the common aspects of religions and not the
- divisive ones, our precedents do not permit school officials to
- assist in composing prayers as an incident to a formal exercise
- for their students. Engel v. Vitale, supra, at 425. And these
- same precedents caution us to measure the idea of a civic
- religion against the central meaning of the Religion Clauses of
- the First Amendment, which is that all creeds must be tolerated
- and none favored. The suggestion that government may establish
- an official or civic religion as a means of avoiding the
- establishment of a religion with more specific creeds strikes us
- as a contradiction that cannot be accepted.
-
- The degree of school involvement here made it clear that
- the graduation prayers bore the imprint of the State and thus put
- school-age children who objected in an untenable position. We
- turn our attention now to consider the position of the students,
- both those who desired the prayer and she who did not.
-
- To endure the speech of false ideas or offensive content
- and then to counter it is part of learning how to live in a
- pluralistic society, a society which insists upon open discourse
- towards the end of a tolerant citizenry. And tolerance
- presupposes some mutuality of obligation. It is argued that our
- constitutional vision of a free society requires confidence in
- our own ability to accept or reject ideas of which we do not
- approve, and that prayer at a high school graduation does nothing
- more than offer a choice. By the time they are seniors, high
- school students no doubt have been required to attend classes and
- assemblies and to complete assignments exposing them to ideas
- they find distasteful or immoral or absurd or all of these.
- Against this background, students may consider it an odd measure
- of justice to be subjected during the course of their educations
- to ideas deemed offensive and irreligious, but to be denied a
- brief, formal prayer ceremony that the school offers in return.
- This argument cannot prevail, however. It overlooks a
- fundamental dynamic of the Constitution.
-
- The First Amendment protects speech and religion by quite
- different mechanisms. Speech is protected by insuring its full
- expression even when the government participates, for the very
- object of some of our most important speech is to persuade the
- government to adopt an idea as its own. Meese v. Keene, 481 U.
- S. 465, 480-481 (1987); see also Keller v. State Bar of
- California, 496 U. S. 1, 10-11 (1990); Abood v. Detroit Board of
- Education, 431 U. S. 209 (1977). The method for protecting
- freedom of worship and freedom of conscience in religious matters
- is quite the reverse. In religious debate or expression the
- government is not a prime participant, for the Framers deemed
- religious establishment antithetical to the freedom of all. The
- Free Exercise Clause embraces a freedom of conscience and worship
- that has close parallels in the speech provisions of the First
- Amendment, but the Establishment Clause is a specific prohibition
- on forms of state intervention in religious affairs with no
- precise counterpart in the speech provisions. Buckley v. Valeo,
- 424 U. S. 1, 92-93, and n. 127 (1976) (per curiam). The
- explanation lies in the lesson of history that was and is the
- inspiration for the Establishment Clause, the lesson that in the
- hands of government what might begin as a tolerant expression of
- religious views may end in a policy to indoctrinate and coerce.
- A state- created orthodoxy puts at grave risk that freedom of
- belief and conscience which are the sole assurance that religious
- faith is real, not imposed.
-
- The lessons of the First Amendment are as urgent in the
- modern world as in the 18th Century when it was written.
- One timeless lesson is that if citizens are subjected to state-
- sponsored religious exercises, the State disavows its own duty to
- guard and respect that sphere of inviolable conscience and belief
- which is the mark of a free people. To compromise that principle
- today would be to deny our own tradition and forfeit our standing
- to urge others to secure the protections of that tradition for
- themselves.
-
- As we have observed before, there are heightened concerns
- with protecting freedom of conscience from subtle coercive
- pressure in the elementary and secondary public schools. See,
- e.g., Abington School District v. Schempp, 374 U.S. 203, 307
- (1963) (Goldberg, J., concurring); Edwards v. Aguillard, 482 U.
- S. 578, 584 (1987); Westside Community Bd. of Ed. v. Mergens, 496
- U. S. 226, 261-262 (1990) (Kennedy, J., concurring). Our
- decisions in Engel v. Vitale, 370 U. S. 421 (1962), and Abington
- School District, supra, recognize, among other things, that
- prayer exercises in public schools carry a particular risk of
- indirect coercion. The concern may not be limited to the context
- of schools, but it is most pronounced there. See Allegheny
- County v. Greater Pittsburgh ACLU, 492 U. S., at 661 (Kennedy,
- J., concurring in judgment in part and dissenting in part). What
- to most believers may seem nothing more than a reasonable request
- that the nonbeliever respect their religious practices, in a
- school context may appear to the nonbeliever or dissenter to be
- an attempt to employ the machinery of the State to enforce a
- religious orthodoxy.
-
- We need not look beyond the circumstances of this case to
- see the phenomenon at work. The undeniable fact is
- that the school district's supervision and control of a high
- school graduation ceremony places public pressure, as well as
- peer pressure, on attending students to stand as a group or, at
- least, maintain respectful silence during the Invocation and
- Benediction. This pressure, though subtle and indirect, can be
- as real as any overt compulsion. Of course, in our culture
- standing or remaining silent can signify adherence to a view or
- simple respect for the views of others. And no doubt some
- persons who have no desire to join a prayer have little objection
- to standing as a sign of respect for those who do. But for the
- dissenter of high school age, who has a reasonable perception
- that she is being forced by the State to pray in a manner her
- conscience will not allow, the injury is no less real. There can
- be no doubt that for many, if not most, of the students at the
- graduation, the act of standing or remaining silent was an
- expression of participation in the Rabbi's prayer. That was the
- very point of the religious exercise. It is of little comfort to
- a dissenter, then, to be told that for her the act of standing or
- remaining in silence signifies mere respect, rather than
- participation. What matters is that, given our social
- conventions, a reasonable dissenter in this milieu could believe
- that the group exercise signified her own participation or
- approval of it.
-
- /* A fair and well reasoned indication of why a person might find
- being forced to respect school prayers as a form of assent. */
-
- Finding no violation under these circumstances would
- place objectors in the dilemma of participating, with all that
- implies, or protesting. We do not address whether that choice is
- acceptable if the affected citizens are mature adults, but we
- think the State may not, consistent with the Establishment
- Clause, place primary and secondary school children in this
- position. Research in psychology supports the common assumption
- that adolescents are often susceptible to pressure from their
- peers towards conformity, and that the influence is strongest in
- matters of social convention. Brittain, Adolescent Choices and
- Parent-Peer Cross- Pressures, 28 Am. Sociological Rev. 385 (June
- 1963); Clasen & Brown, The Multidimensionality of Peer Pressure
- in Adolescence, 14 J. of Youth and Adolescence 451 (Dec. 1985);
- Brown, Clasen, & Eicher, Perceptions of Peer Pressure, Peer
- Conformity Dispositions, and Self-Reported Behavior Among
- Adolescents, 22 Developmental Psychology 521 (July 1986). To
- recognize that the choice imposed by the State constitutes an
- unacceptable constraint only acknowledges that the government may
- no more use social pressure to enforce orthodoxy than it may use
- more direct means.
-
- The injury caused by the government's action, and the
- reason why Daniel and Deborah Weisman object to it, is that the
- State, in a school setting, in effect required participation in a
- religious exercise. It is, we concede, a brief exercise during
- which the individual can concentrate on joining its message,
- meditate on her own religion, or let her mind wander. But the
- embarrassment and the intrusion of the religious exercise cannot
- be refuted by arguing that these prayers, and similar ones to be
- said in the future, are of a de minimis character. To do so
- would be an affront to the Rabbi who offered them and to all
- those for whom the prayers were an essential and profound
- recognition of divine authority. And for the same reason, we
- think that the intrusion is greater than the two minutes or so of
- time consumed for prayers like these. Assuming, as we must, that
- the prayers were offensive to the student and the parent who now
- object, the intrusion was both real and, in the context of a
- secondary school, a violation of the objectors' rights. That the
- intrusion was in the course of promulgating religion that sought
- to be civic or nonsectarian rather than pertaining to one sect
- does not lessen the offense or isolation to the objectors. At
- best it narrows their number, at worst increases their sense of
- isolation and affront. See supra, at __.
-
- There was a stipulation in the District Court that
- attendance at graduation and promotional ceremonies is voluntary.
- Statement of Agreed Facts -41, App. 18. Petitioners and the
- United States, as amicus, made this a center point of the case,
- arguing that the option of not attending the graduation excuses
- any inducement or coercion in the ceremony itself. The argument
- lacks all persuasion. Law reaches past formalism. And to say a
- teenage student has a real choice not to attend her high school
- graduation is formalistic in the extreme. True, Deborah could
- elect not to attend commencement without renouncing her diploma;
- but we shall not allow the case to turn on this point. Everyone
- knows that in our society and in our culture high school
- graduation is one of life's most significant occasions. A school
- rule which excuses attendance is beside the point. Attendance
- may not be required by official decree, yet it is apparent that a
- student is not free to absent herself from the graduation
- exercise in any real sense of the term "voluntary," for absence
- would require forfeiture of those intangible benefits which have
- motivated the student through youth and all her high school
- years. Graduation is a time for family and those closest to the
- student to celebrate success and express mutual wishes of
- gratitude and respect, all to the end of impressing upon the
- young person the role that it is his or her right and duty to
- assume in the community and all of its diverse parts.
-
- The importance of the event is the point the school
- district and the United States rely upon to argue that a formal
- prayer ought to be permitted, but it becomes one of the principal
- reasons why their argument must fail. Their contention, one of
- considerable force were it not for the constitutional constraints
- applied to state action, is that the prayers are an essential
- part of these ceremonies because for many persons an occasion of
- this significance lacks meaning if there is no recognition,
- however brief, that human achievements cannot be understood apart
- from their spiritual essence. We think the Government's position
- that this interest suffices to force students to choose between
- compliance or forfeiture demonstrates fundamental inconsistency
- in its argumentation. It fails to acknowledge that what for many
- of Deborah's classmates and their parents was a spiritual
- imperative was for Daniel and Deborah Weisman religious
- conformance compelled by the State. While in some societies the
- wishes of the majority might prevail, the Establishment Clause of
- the First Amendment is addressed to this contingency and rejects
- the balance urged upon us. The Constitution forbids the State to
- exact religious conformity from a student as the price of
- attending her own high school graduation. This is the calculus
- the Constitution commands.
-
- The Government's argument gives insufficient recognition
- to the real conflict of conscience faced by the young student.
- The essence of the Government's position is that with
- regard to a civic, social occasion of this importance it is the
- objector, not the majority, who must take unilateral and private
- action to avoid compromising religious scruples, here by electing
- to miss the graduation exercise. This turns conventional First
- Amendment analysis on
-