[19941026]94-821A_立法祈祷和学校祈祷：宪法差异.pdf

94-821 AOctober 26, 1994Received through the CRS WebLegislative Prayer and School Prayer:The Constitutional DifferenceDavid M. AckermanLegislative AttorneyAmerican Law DivisionSUMMARYThe Supreme Court has held government-sponsored prayer in the public schools toviolate the establishment of religion clause of the First Amendment. In contrast, it has heldclergy-led prayer in legislative assemblies such as the Congress and the State legislatures tobe constitutionally permitted.Because both situations involve government sponsorship ofprayer, these rulings are sometimes said to be contradictory. The Court, however, has drawnsignificant factual and legal distinctions between the two situations. Nonetheless, it remainstrue that the contrary decisions reflect different approaches to the interpretation of theestablishment clause.SCHOOL PRAYERThe Supreme Court has handed down more than a dozen decisions involving religionin the public schools,1but three decisions are crucial for understanding this area of the law.In Engel v. Vitale2in 1962 and Abington School District v. Schempp3in 1963 the SupremeCourt first held government-sponsored devotional activities in the public schools to constitute