School Prayer Amendment
Encyclopedia
The School Prayer Amendment is a proposed amendment
to the United States Constitution
that intends to guarantee people the right to pray and practice their religions on public property, including public schools.
had been a tradition in American public schools since the beginning of the nation in the late 18th century; classes would open with an oral prayer or Bible reading. In the cases Engel v. Vitale
(1962) and Abington School District v. Schempp
(1963), the United States Supreme Court ruled that school prayer
is unconstitutional under the Establishment Clause of the First Amendment
.
Senator
Robert Byrd
of West Virginia
proposed the amendment in 1962, 1973, 1979, 1982, 1993, 1995, and 1997.
The New York Times
reported in July 1999 that the House of Representatives
, at that time occupied by a Republican majority, had long been proposing such an amendment but was preoccupied with a competing, more general amendment allowing for "religious freedoms" proposed by Henry Hyde
, then-Chairman of the House Judiciary Committee. Representative Ernest Istook
, a Republican
from Oklahoma's 5th congressional district
, proposed the amendment on May 8, 1997. In March 1998, the Judiciary Committee passed the bill by a 16-11 vote. On June 4, 1998, the full House voted on the amendment, 224-203 in favor. The vote was 61 short of the two-thirds majority required by Article Five of the United States Constitution
to pass a constitutional amendment.
Istook reintroduced the amendment to Congress twice: first in 1999 as the House Joint Resolution 66 and in 2001 as the "Religious Speech Amendment". Byrd proposed the amendment again on April 29, 2006.
Though the proposed amendment failed to be adopted, it led to the passing of the Equal Access Act
.
, American Civil Liberties Union
, and Americans United for Separation of Church and State
have all expressed opposition to this amendment. The Family Research Council
has supported it.
Article Five of the United States Constitution
Article Five of the United States Constitution describes the process whereby the Constitution may be altered. Altering the Constitution consists of proposing an amendment and subsequent ratification....
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
that intends to guarantee people the right to pray and practice their religions on public property, including public schools.
Background
School prayerSchool prayer
School prayer in its common usage refers to state-approved prayer by students in state schools. Depending on the country and the type of school, organized prayer may be required, permitted, or prohibited...
had been a tradition in American public schools since the beginning of the nation in the late 18th century; classes would open with an oral prayer or Bible reading. In the cases Engel v. Vitale
Engel v. Vitale
Engel v. Vitale, 370 U.S. 421 , was a landmark United States Supreme Court case that determined that it is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools....
(1962) and Abington School District v. Schempp
Abington School District v. Schempp
Abington Township School District v. Schempp , 374 U.S. 203 , was a United States Supreme Court case argued on February 27–28, 1963 and decided on June 17, 1963...
(1963), the United States Supreme Court ruled that school prayer
School prayer
School prayer in its common usage refers to state-approved prayer by students in state schools. Depending on the country and the type of school, organized prayer may be required, permitted, or prohibited...
is unconstitutional under the Establishment Clause of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
Text
Legislative history
DemocraticDemocratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Robert Byrd
Robert Byrd
Robert Carlyle Byrd was a United States Senator from West Virginia. A member of the Democratic Party, Byrd served as a U.S. Representative from 1953 until 1959 and as a U.S. Senator from 1959 to 2010...
of West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
proposed the amendment in 1962, 1973, 1979, 1982, 1993, 1995, and 1997.
The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
reported in July 1999 that the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, at that time occupied by a Republican majority, had long been proposing such an amendment but was preoccupied with a competing, more general amendment allowing for "religious freedoms" proposed by Henry Hyde
Henry Hyde
Henry John Hyde , an American politician, was a Republican member of the United States House of Representatives from 1975 to 2007, representing the 6th District of Illinois, an area of Chicago's northwestern suburbs which included O'Hare International Airport...
, then-Chairman of the House Judiciary Committee. Representative Ernest Istook
Ernest Istook
Ernest James Istook Jr. is a former Republican member of the United States House of Representatives from Oklahoma's 5th congressional district. He held his congressional seat for 14 years, completing seven terms in the House...
, a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
from Oklahoma's 5th congressional district
Oklahoma's 5th congressional district
Oklahoma's Fifth Congressional District is a U.S. congressional district in Oklahoma, which elects a representative to the United States House of Representatives. It borders all of the other congressional districts in the state except the state's first congressional district...
, proposed the amendment on May 8, 1997. In March 1998, the Judiciary Committee passed the bill by a 16-11 vote. On June 4, 1998, the full House voted on the amendment, 224-203 in favor. The vote was 61 short of the two-thirds majority required by Article Five of the United States Constitution
Article Five of the United States Constitution
Article Five of the United States Constitution describes the process whereby the Constitution may be altered. Altering the Constitution consists of proposing an amendment and subsequent ratification....
to pass a constitutional amendment.
Istook reintroduced the amendment to Congress twice: first in 1999 as the House Joint Resolution 66 and in 2001 as the "Religious Speech Amendment". Byrd proposed the amendment again on April 29, 2006.
Though the proposed amendment failed to be adopted, it led to the passing of the Equal Access Act
Equal Access Act
The Equal Access Act is a United States federal law passed in 1984 to compel federally-funded secondary schools to provide equal access to extracurricular clubs...
.
Reception
The Freedom From Religion FoundationFreedom From Religion Foundation
The Freedom From Religion Foundation is an American freethought organization based in Madison, Wisconsin. Its purposes, as stated in its bylaws, are to promote the separation of church and state and to educate the public on matters relating to atheism, agnosticism and nontheism. The FFRF publishes...
, American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, and Americans United for Separation of Church and State
Americans United for Separation of Church and State
Americans United for Separation of Church and State is a group that advocates separation of church and state, a legal doctrine interpreted by AU as being enshrined in the Establishment Clause of the First Amendment to the United States Constitution.-Mission:The guiding principle of Americans...
have all expressed opposition to this amendment. The Family Research Council
Family Research Council
The Family Research Council is a conservative or right-wing Christian group and lobbying organization formed in the United States in 1981 by James Dobson. It was fully incorporated in 1983...
has supported it.