|
MR. JUSTICE BLACK delivered the opinion of the
Court:
. . . We think that by using its public school system to encourage recitation of the Regents’ prayer,
the State of New York has adopted a practice wholly inconsistent with the Establishment Clause. There
can, of course, be no doubt that New York’s program of daily classroom invocation of God’s blessings as
prescribed in the Regents’ prayer is a religious activity. It is a solemn avowal of divine faith and supplication
for the blessings of the Almighty. The nature of such a prayer has always been religious, none of the
respondents has denied this and the trial court expressly so found: . . .
The petitioners contend among other things that the state laws requiring or permitting use of the Regents’
prayer must be struck down as a violation of the Establishment Clause because that prayer was composed
by governmental officials as a part of governmental program to further religious beliefs. For this reason,
petitioners argue, the State’s use of the Regents’ prayer in its public school system breaches the constitutional
wall of separation between Church and State. We agree with that contention since we think that the constitutional
prohibition against laws respecting an establishment of religion must at least mean that in this country
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.
It is a matter of history that this very practice of establishing governmentally composed prayers for
religious services was one of the reasons which caused many of our early colonists to leave England and
seek religious freedom in America. The Book of Common Prayer, which was created under governmental
direction and which was approved by Acts of Parliament in 1548 and 1549, set out in minute detail the
accepted form and content of prayer and other religious ceremonies to be used in the established, tax-supported
Church of England. The controversies over the Book and what should be its content repeatedly threatened
to disrupt the peace of that country as the accepted forms of prayer in the established church changed
with the views of the particular ruler that happened to be in control at the time. Powerful groups representing
some of the varying religious views of the people struggled among themselves to impress their particular
views upon the Government and obtain amendments of the Book more suitable to their respective notions
of how religious services should be conducted in order that the official religious establishment would
advance their particular religious beliefs. Other groups, lacking the necessary political power to influence
the Government on the matter, decided to leave England and its established church and seek freedom in
America from England’s governmentally ordained and supported religion.
It is an unfortunate fact of history that when some of the very groups which had most strenuously opposed
the established Church of England found themselves sufficiently in control of colonial governments in
this country to write their own prayers into law, they passed laws making their own religion the official
religion of their respective colonies. Indeed, as late as the time of the Revolutionary War, there were
established churches in at least eight of the thirteen former colonies and established religions in at
least four of the other five. But the successful Revolution against English political domination was shortly
followed by intense opposition to the practice of establishing religion by law. . . .
|