LEE v WEISMANU.S. No. 90-1014Free exercise of religion Rabbi in Graduation

FACTS:

During the commencement exercise of Nathan Bishop Middle School in Providence, Rhode Island, Principal Robert E. Lee invited a Jewish Rabbi to deliver a prayer. The principal, beforehand, handed out pamphlets and advised the rabbi that the prayer must be nonsectarian. The Rabbi began the public school commencement ceremony by giving thanks to God for the legacy of America where diversity is celebrated He continued, O God, we are grateful for the learning which we have celebrated on this joyous commencementwe give thanks to you, Lord, for keeping us alive, sustaining us and allowing us to reach this special, happy occasion. Deborah Weisman, a student of the school, objects to the graduation prayer. Her father, Daniel Weisman agreed. Though the Weisman family was Jewish, they believed the Rabbis prayer on behalf of the government-funded school was a violation of the First Amendments Establishment Clause, which holds, Congress shall make no law respecting an establishment of religion The school district asserted that the nonsectarian prayer did not endorse any religious viewpoint, and that the Establishment Clause should not prohibit such an activity.

ISSUES:

Whether including clerical members who offer prayer as part of the official school graduation ceremony is consistent with the Religions clauses of the First Amendment of the Constitution.

HELD:

NO. The Court held that schools may not promote religious exercises either directly or through an invited guest at graduation ceremonies.

The Court found that the Establishment Clause forbids government from coercing people into participating in a religious activity. Forcing students to choose between attending a graduation ceremony containing religious elements with which they disagree or avoiding the offending practices by not attending their graduation ceremony was inherently coercive and unlawful. The Court found that students who do attend are exposed to subtle coercion to appear as though they approve of or are participating in the prayer.

"The principle that government may accommodate the free exercise of religion does not supersede the fundamental limitations imposed by the Establishment Clause. It is beyond dispute that, at a minimum, the Constitution guarantees that government may not coerce anyone to support or participate in religion or its exercise, or otherwise act in a way which 'establishes a religion or religious faith, or tends to do so."

1Prepared by: Juan Samuel Ismael Loyola