Wallace* v.

Jaffree (1985)

(*The statute was issued in Wallace, Alabama)

Background:
Ishmael Jaffree lived in Mobile County, Alabama with 2 children in elementary school. In
May 1982, he sued the school board for compelling students to pray and to be exposed to
religion that violates the 1st Amendment. He then complained that his children had been
separated from their peer groups because of not participating in the prayers. The district
court of southern Alabama and the 11th circuit of the US court of appeals had different
opinions about the matter.

What Happened?
The Wallace v. Jaffree case of 1985, dealt with an Alabama law that each school day
should begin with a moment of silent meditation or voluntary prayer. A student's parent
sued that the law has violated the Establishment Clause of the First Amendment (the right
for freedom of religion) because of exposure of students to a religion by force.

(16-1-20): in 1978: 1-minute period of silence in all public schools for meditation
(16-1-20.1) in 1981: period of silence "for meditation or voluntary prayer",
(16-1-20.2) authorized teachers to lead "willing students" in a prescribed prayer.

20.1 and 20.2 were the ones argued.

Verdict:
The District court allowed the practice to continue (saying that the first amendment does
not prohibit the state from establishing a religion) but the 11th circuit of the court of
appeals did not (saying that it was an effort to encourage a religious activity). The
Supreme Court ruled 6-3, saying that the Alabama law is unconstitutional. They cited the
Lemon v. Kurtman case, where the judge read the establishment clause and decided that
the statute must have a secular legislative purpose so the court determined that the prayer
and meditation statute is basically an endorsement of religion, which violates the first
amendment's establishment clause.

How is this significant?

The decision shows how thorough the Supreme Court is when it evaluates government
actions that include minor amendments. It also agreed that a minute of silence is
appropriate at the beginning of each school day. Justice O'Connor refined the Court's
Establishment and free exercise tests where she clarifies what the "reasonable
observer"(one that is acquainted with the text, legislative history and implementation of
statutes) test is. Justice Rehnquist's establishment clause analysis helped explain that the
government is not required to be neutral about religion or to ban any religious practice,
set a national church or favor a religious group.