Background: Before the 1960’s there was very little resistance to teaching religious principles, bible reading, or prayer in school. In fact it was the norm. You could walk into virtually any public school and see examples of teacher led prayer and Bible reading.
McCollum v. Board of Education Dist. 71, 333 U.S. 203 (1948) -- The court found that religious instruction in public schools was unconstitutional due to a violation of the establishment clause.
Court Cases: Most of the relevant legal cases ruling on the issue have occurred over the last fifty years. Over the course of those fifty years the Supreme Court has ruled on many cases that has shaped our current interpretation of the First Amendment in regards to prayer in school. Each case has added a new dimension or twist to that interpretation
Engel v. Vitale, (1962) -- This case brought in the phrase “separation of church and State”. Court ruled that any type of prayer led by a public school district is unconstitutional.
Murray v. Curlett, (1963) -- Court rules that requiring students to participate in prayer and/or Bible reading is unconstitutional.
Lemon v. Kurtzman, (1971) -- Known as the Lemon test. This case established a three part test for determining if an action of government violates First Amendment's separation of church and state:
1. the government action must have a secular purpose;
2. its primary purpose must not be to inhibit or to advance religion;
3. there must be no excessive entanglement between government and religion.
Wallace v. Jaffree, (1985) -- This case dealt with a state’s statute requiring a moment of silence in public schools. The Court ruled that this was unconstitutional where legislative record revealed that motivation for the