Engel v. Vitale

Media Items
Oral Argument
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Advocates
Porter R. Chandler (Argued the cause for the intervenors-respondents)
William J. Butler (Argued the cause for the petitioners)
Bertram B. Daiker (Argued the cause for the respondents)
Case Basics
Docket No.: 
468
Petitioner: 
Engel
Respondent: 
Vitale
Decided By: 
Warren Court (1962)
Opinion: 
370 U.S. 421 (1962)
Categories: 
states, freedom of religion, first amendment, establishment of religion, education

Cite this page
The Oyez Project, Engel v. Vitale , 370 U.S. 421 (1962)
available at: (http://oyez.org/cases/1960-1969/1961/1961_468)
Facts of the Case: 

The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day. This was an attempt to defuse the politically potent issue by taking it out of the hands of local communities. The blandest of invocations read as follows: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country."

Question: 

Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment?

Conclusion: 

Yes. Neither the prayer's nondenominational character nor its voluntary character saves it from unconstitutionality. By providing the prayer, New York officially approved religion. This was the first in a series of cases in which the Court used the establishment clause to eliminate religious activities of all sorts, which had traditionally been a part of public ceremonies. Despite the passage of time, the decision is still unpopular with a majority of Americans.

Decisions

Decision: 6 votes for Engel, 1 vote(s) against
Legal provision: Establishment of Religion

Sort by Seniority

Wrote a special concurrence
Douglas
Wrote the majority opinion
Black
Voted with the majority
Warren
Voted with the majority
Brennan
Did not participate
White
Voted with the majority
Clark
Wrote a dissent
Stewart
Did not participate
Frankfurter
Voted with the majority
Harlan

Full Opinion by Justice Hugo L. Black