In 1971 in Mobile County Alabama the School Board created a state statute that set aside time at the beginning of each day for silent ’meditation’ (statute 6-1-20), and in 1981 they added another statute 16-1-20.1 which set aside a minute for ‘silent prayer’ as well. In addition to these, in 1982 the Mobile County School Board enacted statute 16-1-20.2, which specified a prayer that teachers could lead ‘willing’ students in “From henceforth, any teacher or professor in any public educational institution within the State of Alabama, recognizing that the Lord God is one, at the beginning of any homeroom or any class, may pray, may lead willing students in prayer, or may lead the willing students in the following prayer to God… “ (Jaffree By and Through Jaffree v. James). Ishmael Jaffree was the father of three students, Jamael Aakki Jaffree, Makeba Green, and Chioke Saleem Jaffree, who attended a school in Mobile County Alabama. Jaffree complained that his children had been pressured into participating in religious activities by their teachers and their peers, and that he had requested that these activities stopped. When the school did nothing about Jaffree’s complaints he filed an official complaint with the Mobile County School Board through the United States District Courts. The original complaint never mentioned the three state statutes that involved school prayer. However, on June 4, 1982 Jaffree changed his complaint. He now wanted to challenge the constitutionality of statutes 16-1-20, 16-1-20.1 and 16-1-20.2, and motioned for a preliminary injunction. The argument against these state laws was that they were an infringement of the Establishment Clause within the First Amendment of the Constitution, which states that Congr... ... middle of paper ... ...Publication. Santa Clara Uni versity, n.d. Web. 12 May 2014. Ishmael Jaffree, Et Al., Applicants V. Board of School Commissioners of Mobile County Et Al. United States Court of Appeals Eleventh Circuit. N.d. Legal Information Institute. Cornell University, n.d. Web. 10 May 2014. Jaffree by and through Jaffree v. James. United States District Courts, S.D. Alabama. 9 Aug. 1982. Leagle. N.p., n.d. Web. 10 May 2014. "Lemon v. Kurtzman" Lemon v. Kurtzman. N.p., n.d. Web. 10 May 2014. "Mueller v. Allen." LII / Legal Information Institute. N.p., n.d. Web. 12 May 2014. Wallace v. Jaffree. United States Supreme Court. 4 June 1985. Find Law. N.p., n.d. Web. 10 May 2014. "Wallace v. Jaffree." Wallace v. Jaffree. N.p., n.d. Web. 12 May 2014. "Walz v. Tax Comm'n of the City of New York." LII / Legal Information Institute. N.p., n.d. Web. 12 May 2014.
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The daughter of an atheist, Michael A. Newdow, attended public school in the Elk Grove Unified School District in California, where teachers started school days by leading students in a voluntary narration of the Pledge of Allegiance. The pledge included the phrase “under God”, which was added to it in 1994 through a Congressional act. The atheist sued the school district in federal district court in the state on the basis that making students listen to the phrase even if they were not willing to participate was an infringement on the establishment clause of the First Amendment to the U.S. Constitution. He had argued that his right to influence the religious views of his daugh...
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The case Engel v. Vitale in 1962 decided that school prayer is unconstitutional. With this case, it was pointed out that the students were to "voluntarily" recite the following prayer: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country." The court ruled that this rule was unconstitutional according to the First Amendment's "establishment clause," which states "Congress shall make no law respecting an establishment of religion."
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To have prayer in the public school system is against the idea of separation of church and state. The state should not institute school prayer because the public schools are for education, not a place where religion should be taught (Gaylor, 1995, p. 1). The state should not force every child to say a prayer in the classroom because not everyone believes...