State-Sponsored School Prayer and the Constitution

After Engel, the “wall between church and state” was set in stone. A decade later, the Supreme Court established what’s known as the “Lemon test” for determining if a state law violates the Establishment Clause. In Lemon v. Kurtzman, the court held that as long as a state law has a secular purpose, its primary effect neither advances nor prohibits religion, and that it doesn’t result in excessive church-state entanglement, it does not violate the Constitution.

There are legitimate arguments on both sides of the state-sponsored school prayer debate, but whether or not states can sponsor prayer in school is a matter reserved for the states, not nine, unelected justices in Washington. But pointing out this fact is like the proverbial drop in the bucket. The highest court in the land has been legislating from the bench, telling the people what’s good for them, and getting away with it for decades.