Freedom of and freedom from religion, History

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Freedom of and Freedom from Religion

Religion, which is also protected under the First Amendment, has also figured prominently in recent Court decisions. The First Amendment both protects Americans' freedom of religion and their freedom from it. That is, the Amendment protects Americans' right to worship as they choose, and forbids the government from supporting religion or imposing faith on citizens.

By far the most controversial Supreme Court decision regarding religion was delivered in the case of Engel v. Vitale (1962), in which the Court ruled that public schools could not require students to recite a prayer as an official part of the school day. Many devout Americans were angered by this decision, and 170 constitutional amendments to allow prayer in the public schools were proposed after the Court's ruling. The following year, in Abington School District v. Schempp, the Court prohibited schools from requiring student to read a Bible passage as part of the school day. More recently, in Wallace v. Jaffree (1985), the Court prohibited schools from establishing a moment of silence, during which students were allowed to pray, meditate, or perhaps daydream as they chose. Presently, some states have implemented a moment of silence for students to reflect on the activities of the upcoming day, without specifically mentioning that students may use the moment to pray. Supporters of these moments of silence contend that they do not violate the First Amendment because they make no mention of religious activity. Whether these moments of silence will be upheld or struck down by the Supreme Court remains to be seen.

 

 

 


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