1. Wallace v. Jaffree 472 U. S. 38 (1985) Argued December 4, 1984
Decided June 4, 1985
APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

2. Are Prayer or a moment of silence constitutional in public schools?

3. Facts of the Case
In the early 1980s an Alabama law authorized teachers to conduct regular religious prayer services and activities in school classrooms during the school day. -

4. Facts of the Case
Three of Mr. Jaffree’s children attended public school in Mobile, Alabama.
Teachers led classes in prayer activities, even after being informed of Jaffree’s objections to these activities
On May 28, 1982, Jaffree’s filed a complaint on behalf of his children, two second graders and a kindergartener.

5. The Challenge
Jaffree challenged the constitutionality of three Alabama statutes:
Period of silence for meditation at beginning of first class in public schools
One minute period of silence for meditation or voluntary prayer
School prayer

6. Alabama Code (Supp. 1984)
"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 [472 U.S. 38, 41]   willing students in prayer, or may lead the willing students in the following prayer to God:
"Almighty God, You alone are our God. We acknowledge You as the Creator and Supreme Judge of the world. May Your justice, Your truth, and Your peace abound this day in the hearts of our countrymen, in the counsels of our government, in the sanctity of our homes and in the classrooms of our schools in the name of our Lord. Amen.”
- bin/getcase.pl?court=us&vol=472&invol=38

7. Wallace, Governor of Alabama
Arguments
Wallace, Governor of Alabama
Jaffree, Parent
The statute is one that does not coerce in any way; it coerces only silence.
It does not coerce any religious practice or belief, it does not affirm religious belief
State Senator Holmes believes voluntary prayer would benefit schools and since children could choose to participate the law should be accepted
Stated that since the one- minute prayer was voluntary, his children did not participate. However, they were then “exposed to ostracism from their peer group class members” for not participating.
People have the right to practice the religion of their choice

8. The District Court Decision
The District Court distinguished from the other two statutes. It was said there was "nothing wrong" with   , but that  and were both invalid because the sole purpose of both was "an effort on the part of the State of Alabama to encourage a religious activity.” They were held constitutional because, in its opinion, Alabama has the power to establish a state religion if it chooses to do so.

9. Did Alabama law violate the First Amendment's Establishment Clause?
The Court of Appeals decided the statutes were unconstitutional

10. Rationale
The court declared that Alabama’s law violated the Establishment Clause of the First Amendment because it did not show complete neutrality toward religion and lacked a secular purpose.

11. It was Decided… The Purpose of the Alabama law was
To endorse religion
return voluntary prayer back to public schools
Ruled unconstitutional

12. Questions for the Supreme Court
Was the law created to try to force religion back in schools?
Was it violating the First Amendment?

13. Requirements concerning religion:
The lemon test
Lemon v. Kurtzman is often used in determining the constitutionality of the statute.
Requirements concerning religion:
The government's action must have a secular legislative purpose;
The government's action must not have the primary effect of either advancing or inhibiting religion;
The government's action must not result in an "excessive government entanglement" with religion

14. Decision
6 votes for Jaffree
3 votes against

15. Quotes and dissenting opinions made by Chief Justice Burger
The endorsement of a “moment of silence” with an oblique suggestion of prayer is no less constitutional as is the opening of a Congress or Court session with a prayer by a publicly funded chaplain.
When taken in context the phrase “or voluntary prayer” is perfectly constitutional as a measure to prevent the unconstitutional prohibition of individual prayer. Just as the phrase “under God” to the Pledge of Allegiance contests that the Court’s logic would also condemn the Pledge of Allegiance as unconstitutional.

16. dissenting opinion made by Justice Rehnquist
The First Amendment states “No religion shall be established by law, nor shall the equal rights of conscience be infringed.” This version was met with opposition by many representatives as it could be construed “to abolish religion altogether.” It was on this basis that the final version of the amendment was selected and ratified. Rehnquist states “we can see indisputably that the spirit in which the Congress approved the Establishment Clause was one of open- minded toleration, not one of hostility towards religion.”

17. Educational impacts Offering prayer Having a period of silence
School personnel are prohibited from exercising the following practices in public schools:
Offering prayer
Having a period of silence
Reading the Bible over the intercom
Creating religious displays
Wearing religious dress

18. References
Cornell University Law School (2013). Retrieved from USSC_CR_0472_0038_ZS.html Find law for legal professionals (2013). Retrieved from bin/getcase.pl?court=us&vol=472&invol=38 OYEZ U.S. Supreme Court Media (2013). Retrieved from /1984/1984_83_812#sort=vote Wikipedia (2013). Retrieved from Lemon_v._Kurtzman