Evening star. [volume] (Washington, D.C.) 1854-1972, 1962-06-26
Dissenting OpiniOn


Justice Stewart, dissenting:
A local school board in New
York has provided that those
pupils who wish to do so may
join in a brief prayer at the
beginning Of each school day,
acknowledging their dependence
upon God and asking His bless
ing upon them and upon their
parents. their teachers, and
their country.
The court today decides that
in permitting this brief nom
denominational prayer the
school board has violated the
Constitution of the United
States.
I think this decision is wrong.
The court does not hold, nor
could it, that New York has in
terfered with the free exercise
of anybody'S religion. For the
State courts have made clear
that those who object to recit-
ing the prayer must be entirely
free Of any compulsion to do
so, including any "embarrass-
ments and pressures. :" But
the court says that in permit
ting school children to say this
simple prayer, the New York
authorities have established
IAN official religion"
With all respect, 1 think the
court has misapplied a great
constitutional principle. I can
not see how an official re-
ligion" is established by letting
those who want to say a prayer
say it.
Countless Practices"
On the contrary, I think that
to deny the wish of these
school children to join in re-
citing this prayer is to deny
them the opportunity of shar-
ing in the spiritual heritage of
our Nation. -.
What is relevant to the issue
here Is not the history of an
established church in Sixteenth
Century England or in Eight
zenith Century America, but the
history Of the religious tradi-
tons Of our people, reflected
in countless practices of the
institutions and officials of our
Government.
At the opening Of each days
session of this court we stand
while one Of our officials in
vokes the protection of God.
Since the days of John Mar
shall our crier has said, God
save the United States and
this honorable court"
Both the Senate and the
House Of Representatives open
their daily sessions with prayer.
Each of our Presidents, from
George Washington to John F.
Kennedy, has upon assuming
his office asked the protection
and help of God.
The court today says that
the State and Federal Gov
ernmentS are without conSti-
tutional power to prescribe any
particular form of words to
be recited by any group of the
American people on any sub
ject touching religion, The
third stanza of THE Star
Spangled Banner" made our
national anthem by act of
Congress in 1881, contains
these verses:
Bless Nth Uictory and peace,
may the hedU'n rescued
land
Praise the pour that hath
made and preserved US a
Ndtionl
Then conquer tDe must, Uhen
our cause it is Just,
And this be our motto I'm
God is our trust"
In 1854, Congress added a
phrase to the Pledge Of Alleg-
lance to the Flag so that it
now contains the words "One
Nation under God, indivisible.
with liberty and justice for all. ;"
In 1852, Congress enacted
legislation calling upon the
President each year to proclaim
a national day Of prayer.
Since 1865, the words I'm
God we trust" have been i'm
pressed on our coins.
"a Religious People"
Countless similar examples
could be listed, but there is no
need to belabor the obvious. 1t
was all summed up by this
court just 10 years ago in a
single sentence:
1--WE are a religious people
whose institutions presuppose a
Supreme Being. :"
1 do not believe that this
court, or the Congress, or the
President has nv the ootioyoc