Venue: |
SCOTUS
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Facts: |
High school graduation. Rabbi is invited to say a prauer. It's
pretty bland. |
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Posture: |
Unknown. |
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Issue: |
Can a religious exercise be conducted at a graduation ceremony in
circumstances where young graduates who object are induced
to conform? |
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Holding: |
No. |
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Rule: |
A school can not persuade or compel a student to participate in
a religious exercise. |
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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. |
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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. |
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