Lee v. Weisman

1992

Venue: SCOTUS

Facts: High school graduation. Rabbi is invited to say a prauer. It's pretty bland.

Posture: Unknown.

Issue: Can a religious exercise be conducted at a graduation ceremony in circumstances where young graduates who object are induced to conform?

Holding: No.

Rule: A school can not persuade or compel a student to participate in a religious exercise.

Reasoning: The government can accomodate the free exercise of religion, but it can't coerce anyone. Here, a school official set invited and controlled the content of prayer. People would feel peer pressure to comply. Never mind the fact that this is technically a voluntary ceremony-- everyone is going to go to it.

Dicta: Scalia (dissenting): this psuchological coercion test is boundlessly manipulable. And the court is way outside its sphere of expertise with this peer pressure stuff. What's next, the pledge of allegiance? And these aren't kids-- we consider them adults.