WALLACE V JAFFREE 472 U.S 38 1985 WALLACE V JAFFREE U.S CONSTITUTION U.S GOV'T JUDICIAL RELIGION EDUCATION U.S GOVERNMENT AND CONSTITUTION SIGNIFICANCE RENEWED INTEREST IN PRAYER IN THE PUBLIC SCHOOLS LED THE SUPREME COURT TO RE EXAMINE ITS STANCE ON THE ESTABLISHMENT CLAUSE OF THE FIRST AMENDMENT AS IT APPLIED TO STATE GOVERNMENTS IN THIS CASE THE COURT RULED THAT STATES DID NOT HAVE THE AUTHORITY TO ESTABLISH RELIGION BACKGROUND A 1978 ALABAMA STATUTE ALLOWED SCHOOLS TO HOLD A ONE MINUTE PERIOD OF SILENCE FOR MEDITATION EACH DAY IN 1981 THE LAW WAS AMENDED TO ALLOW THAT SILENCE TO BE USED FOR MEDITATION OR VOLUNTARY PRAYER AND THE FOLLOWING YEAR THE LAW WAS AMENDED YET AGAIN TO ALLOW TEACHERS TO LEAD STUDENTS IN A SPECIFIC CHRISTIAN PRAYER IN 1982 ISHMAEL JAFFREE AND VARIOUS GROUPS THAT SUPPORTED THE SEPARATION OF CHURCH AND STATE CHALLENGED THE LAW SUING GOVERNOR GEORGE WALLACE JAFFREE CLAIMED THAT THE ALABAMA LAW VIOLATED THE ESTABLISHMENT CLAUSE THE LAW AND ITS AMENDMENTS WERE UPHELD IN DISTRICT COURT BUT THE ALABAMA COURT OF APPEALS FOUND THE TWO AMENDMENTS UNCONSTITUTIONAL THE CASE WAS APPEALED TO THE SUPREME COURT DECISION THIS CASE WAS ARGUED ON DECEMBER 4 1984 AND DECIDED ON JUNE 4 1985 BY A VOTE OF 6 TO 3 JUSTICE JOHN STEVENS SPOKE FOR THE COURT WHICH OVERTURNED THE ALABAMA LAW HAVING AGREED WITH THE DISTRICT COURT THAT THE ORIGINAL LAW WAS CONSTITUTIONAL AND WITH THE APPEALS COURT THAT THE 1982 AMENDMENT WAS UNCONSTITUTIONAL THE SUPREME COURT CONSIDERED ONLY THE 1981 AMENDMENT WHICH ALLOWED BOTH MEDITATION AND PRAYER IN THE MAJORITY OPINION JUSTICE STEVENS REMARKED THAT THE ALABAMA LAW DID NOT HAVE A SECULAR OR NONRELIGIOUS PURPOSE BY ADDING THE WORDS OR VOLUNTARY PRAYER TO THE LAW THE STATE INDICATED THAT IT CONSIDERED PRAYER TO BE THE FAVORED PRACTICE JUSTICES WARREN BURGER AND BYRON WHITE IN THEIR DISSENTING OPINIONS ARGUED THAT THE ALABAMA LAW ESTABLISHED NEUTRALITY TOWARD RELIGIOUS ACTIVITY AND WAS THEREFORE CONSTITUTIONAL JUSTICE REHNQUIST ARGUED IN HIS DISSENTING OPINION THAT THE ESTABLISHMENT CLAUSE ONLY PROHIBITED THE GOVERNMENT FROM PREFERRING ONE RELIGION OVER ANOTHER IT DID NOT FORCE THE GOVERNMENT TO BE NEUTRAL BETWEEN RELIGION AND NONRELIGION EXCERPT FROM THE OPINION OF THE COURT THE ALABAMA LEGISLATURE ENACTED THE 1981 AMENDMENT FOR THE SOLE PURPOSE OF EXPRESSING THE STATE'S ENDORSEMENT SUPPORT OF PRAYER ACTIVITIES FOR ONE MINUTE AT THE BEGINNING OF EACH SCHOOLDAY THE ADDITION OF OR VOLUNTARY PRAYER INDICATES THAT THE STATE INTENDED TO CHARACTERIZE PRAYER AS A FAVORED PRACTICE SUCH AN ENDORSEMENT IS NOT CONSISTENT WITH THE ESTABLISHED PRINCIPLE THAT THE GOVERNMENT MUST PURSUE A COURSE OF COMPLETE NEUTRALITY TOWARD RELIGION
