The Supreme Court held today that the reading of an official prayer in New York public schools violated the Constitution. The prayer was drafted by the New York Board of Regents and recommended in 1951 for recital aloud by teachers and children in each classroom at the start of every school day. It is non-denominational and just twenty-two words long. It reads: ‘Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessing upon us, our parents, our teachers and our country.”
By a vote of 6 to 1 the court held that the reading of the prayer was “an establishment of religion” forbidden by the First Amendment to the Constitution.
Justice Black wrote the opinion of the court in the prayer case. He was joined by the Chief Justice and Justice Tom C. Clark, John Marshall Harlan and William J. Brennan Jr. Justice William O. Douglas concurred in a separate opinion. Justice Potter Stewart was the sole dissenter. Not participating were Justices Felix Frankfurter, who is in the hospital, and Byron R. White, who joined the court after the case was argued.
The case was brought by five parents of children in the public schools of New Hyde Park, L. I., N. Y. Two of the parents were Jewish, one a member of the Ethical Culture Society, one a Unitarian and one a non-believer. They said the form of the prayer conflicted with their religious beliefs. The highest New York State court, the Court of Appeals, rejected their protest against the prayer by a vote of 5 to 2.
In stating the opinion from the bench today, Justice Black added these extemporaneous comments: “The prayer of each man from his soul must be his and his alone. That is the genius of the First Amendment.
“If there is any one thing clear in the First Amendment, it is that the right of the people to pray in their own way is not to be controlled by the election returns.”
Reaction in Congress was dominated by unfavorable comment from Southern members. Representative George Andrews, Democrat of Alabama, said: “They put the Negroes in the – schools and now they’ve driven a God out.”
Yes. Yes we did. Now all we have to do is uphold it.