Why has the court allowed legislative prayers but not organized school prayers?
Answer (3)
it is in the bill of rights that everyone as free religion but also it is required that children go to school / school equivalent so in public schools no organized prayers are allowed
The court has historically differentiated between legislative prayers and organized school prayers based on the setting and the perceived coercive effect of these practices. Legislative prayers are allowed under the premise that adults have the capacity to disregard them without feeling coerced, while school prayers are often viewed as an endorsement of religion by a public institution, which students, being minors, might feel obliged to follow due to the authority of the school setting. In landmark cases like Engel v. Vitale, the Supreme Court ruled against school-sponsored prayer, deeming it unconstitutional under the Establishment Clause of the First Amendment, because it can be seen as a government endorsement of religion.
In contrast, legislative prayer is generally accepted because it is typically directed at lawmakers who can presumably differentiate between an individual's right to free speech and the government's endorsement of that speech. However, even within the context of legislative bodies, there are boundaries. For instance, offering a prayer might be acceptable, but placing a religious symbol such as the Ten Commandments might not be, especially if it unevenly represents religious traditions and could be seen as state endorsement of a particular faith.
The court allows legislative prayers because adults can distinguish between endorsement of religion and allowing a prayer, while organized school prayers are not allowed due to the coercive environment they create for students. The Supreme Court rulings, particularly Engel v. Vitale, emphasize protecting student rights against government endorsement of religion. Thus, public schools must refrain from organizing prayers to uphold the Establishment Clause of the First Amendment.
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