Читать книгу The Handy Law Answer Book - David L Hudson - Страница 95

The justices made the following statements concerning the moment of silence issue in Wallace v. Jaffree (1985).

Justice John Paul Stevens (majority): “The legislative intent to return prayer to the public schools is, of course, quite different from merely protecting every student’s right to engage in voluntary prayer during an appropriate moment of silence during the schoolday…. The addition of ‘or voluntary prayer’ indicates that the State intended to characterize prayer as a favored practice. Such an endorsement is not consistent with the established principle that the government must pursue a course of complete neutrality toward religion.”

Justice Lewis Powell (concurring): “The record before us, however, makes clear that Alabama’s purpose was solely religious in character. Senator Donald Holmes, the sponsor of the bill that became Alabama Code 16-1-20.1 (Supp. 1984), freely acknowledged that the purpose of this statute was ‘to return voluntary prayer’ to the public schools.”

Justice Sandra Day O’Connor (concurring): “A state-sponsored moment of silence in the public schools is different from state-sponsored vocal prayer or Bible reading. First, a moment of silence is not inherently religious. Silence, unlike prayer or Bible reading, need not be associated with a religious exercise. Second, a pupil who participates in a moment of silence need not compromise his or her beliefs. During a moment of silence, a student who objects to prayer is left to his or her own thoughts, and is not compelled to listen to the prayers or thoughts of others. For these simple reasons, a moment of silence statute does not stand or fall under the Establishment Clause according to how the Court regards vocal prayer or Bible reading. Scholars and at least one Member of this Court have recognized the distinction and suggested that a moment of silence in public schools would be constitutional.”

Chief Justice Warren Burger (dissenting): “Some who trouble to read the opinions in these cases will find it ironic—perhaps even bizarre—that on the very day we heard arguments in the cases, the Court’s session opened with an invocation for Divine protection.”

Justice Byron White (dissenting): “Of course, I have been out of step with many of the Court’s decisions dealing with this subject matter, and it is thus not surprising that I would support a basic reconsideration of our precedents.”

Justice William Rehnquist (dissenting): “It is impossible to build sound constitutional doctrine upon a mistaken understanding of constitutional history, but unfortunately the Establishment Clause has been expressly freighted with Jefferson’s misleading metaphor for nearly 40 years.”