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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 90-1014
- --------
- ROBERT E. LEE, individually and as PRINCIPAL OF
- NATHAN BISHOP MIDDLE SCHOOL, et al.,
- PETITIONERS v. DANIEL WEISMAN etc.
- on writ of certiorari to the united states court of
- appeals for the first circuit
- [June 24, 1992]
-
- 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 Weis-
- man, 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 acknowl-
- edge 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 acknowledge-
- ment 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. Debo-
- rah 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 Provi-
- dence 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.
- 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 govern-
- mental 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 Commu-
- nity 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.
- 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 other-
- wise 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 explana-
- tion, 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 enter-
- prise 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 Camp-
- bell'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) (Camp-
- bell, 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.
- 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]x-
- perience witnesseth that ecclesiastical establishments,
- instead of maintaining the purity and efficacy of Religion,
- have had a contrary operation.'' Memorial and Remon-
- strance 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 contradic-
- tion 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 educa-
- tions 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 insur-
- ing its full expression even when the government partici-
- pates, 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 Establish-
- ment 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 con-
- science 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 Invoca-
- tion 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 con-
- science 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.
- 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 suscepti-
- ble to pressure from their peers towards conformity, and
- that the influence is strongest in matters of social conven-
- tion. 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 intru-
- sion 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 recogni-
- tion 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 nonsec-
- tarian 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 atten-
- dance at graduation and promotional ceremonies is volun-
- tary. 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 incon-
- sistency 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 i