Why the Constitutionality of Public School Prayer is so Complicated

This is part four of my "Why Constitutional Law is So Complicated" series, which is explained here.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." These are the first 16 words of the First Amendment. This clause is commonly known as either "Freedom of Religion" or it is called the "Establishment Clause" by Functionalists and Historical Contextualists, due to the way the clause references "an establishment of religion." This clause is perhaps the single most controversial in the entire Constitution, and has been the subject of much debate, many proposed Constitutional Amendments, and some of touchiest political issues to date. Not the least of the resulting issues is the issue of Public School Prayer.

Many older Americans today remember growing up reciting the Lord's Prayer at the start of every day, listening to a benediction at their high school graduation, and maybe even saying a prayer at the start of their high school home football games. Today, due to various Supreme Court decisions, none of these activities are permitted in public schools anymore. With the 1962 decision in Engel v. Vitale, the Supreme Court stated that it was not enough to allow non-Christians to not participate in the Lord's Prayer in the morning, but that the prayer itself could not be read due to the coercive effect it might have on young minds, as well as the right of parents to raise their children with whatever religious beliefs they wished. Since then, more and more decisions have gone against religious displays in schools. Ultimately, this has led to many myths regarding prayer in schools. I would first like to quickly address what actually is and is not allowed today, and then I will move on to the analysis of the Constitutional issues.

What Is and Is Not Allowed in Public Schools Today?