American Constitutionalism in Historical Perspective (packet)

O’Connor concurrence: state isn’t endorsing private religious school over public school. D/n matter that private schools are getting full funding b/c such a compelling state purpose and parents have option of funds for nonreligious schools.

Souter dissent: agree that there is compelling state purpose but is worried that its massive funding for religious ed. Whole Anti-Est history is against this, can only allocate some funds. Most private schools accepting students are religious.

Curriculum Cases –

1. 
   School Prayer
   
   1. 
      Engel v. Vitale, 1962: parents objecting to a state sanctioned non-denominational prayer said at beginning of each school day. Struck down b/c in the core area of anti-est concern. The state s/n determine what is an appropriate prayer.
      
   2. 
      Abbington v. Schempp, 1963: parents objecting to the reading of the Lord’s prayer by students. Court strikes this down as viewpoint bias, privileging one view of religion over others (Christian). Wisdom in prayers of other religions. Dissent notes that this is prejudicing free exercise.
      
   3. 
      Wallace v. Jaffree, 1985: statute allowed a moment of silence or prayer at the beginning of the day. Court strikes this down b/c it was clearly motivated by sectarian purposes and is endorsing a religious point of view. Record showed that law was motivated by goal of endorsing prayer.
      
   4. 
      Lee v. Weisman, 1992: parents objecting to religious prayer at middle school graduation. Court strikes it down, concerned about the state choosing which religions will be invoked in school ceremony. Participation is obligatory and so affects choice. Extends rule up into high school b/c encourages religious bullying and peer pressure. One argument is that high school students differ from primary ed students—more absolute rule w/ primary ed students b/c demeans children of nonbelievers. At high school level, there is much less of this bullying going on & so less demanding rule. Kennedy says no to this argument. Scalia says that majority’s view is “psycho-babble”
      
   5. 
      Santa Fe Independent School Dist. p.1559: Struck down ability to vote on student speaker who would deliver msg at football game b/c it was encouraged to be religious msg. Coercive environment.
      
2.