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- 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
-
- Principals of public middle and high schools in Providence, Rhode
- Island, are permitted to invite members of the clergy to give invoca-
- tions 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 accommoda-
- tion 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 nonsectari-
- an, he directed and controlled the prayers' content. That the direc-
- tions 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 invoca-
- tion and benediction. A reasonable dissenter of high school age could
- believe that standing or remaining silent signified her own participa-
- tion in, or approval of, the group exercise, rather than her respect for
- it. And the State may not place the student dissenter in the dilem-
- ma of participating or protesting. Since adolescents are often suscep-
- tible 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 itself
- 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.
-