Church, State, and the Rehnquist Court

WHEN Clarence Thomas took his place on the Supreme Court, making the 1991—92 session the first one dominated by Reagan-Bush appointees, many expected the newly constituted Rehnquist Court to perform a historical re-examination of the doctrine of an “impregnable wall” between church and state. A suitable case was pending—Lee v. Weisman, in which the Court was asked to determine whether a non-sectarian invocation of God at the graduation ceremony of a public middle school in Providence, Rhode Island, violated the Constitution.

In a surprise 5 to 4 split decision handed down in June, the Court decided that it did. The key vote was most likely that of Justice Kennedy, who wrote the opinion of the Court. Kennedy’s opinion several times asserted that the only issue before the Court was the constitutionality of prayer in public schools. The Court’s decision was compelled, wrote Justice Kennedy, “[by] the controlling precedents as they relate to prayer and religious exercise in primary and secondary public schools.”

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Robert L. Cord

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WHEN Clarence Thomas took his place on the Supreme Court, making the 1991—92 session the first one dominated by Reagan-Bush appointees, many expected the newly constituted Rehnquist Court to perform a historical re-examination of the doctrine of an “impregnable wall” between church and state. A suitable case was pending—Lee v. Weisman, in which the Court was asked to determine whether a non-sectarian invocation of God at the graduation ceremony of a public middle school in Providence, Rhode Island, violated the Constitution.

In a surprise 5 to 4 split decision handed down in June, the Court decided that it did. The key vote was most likely that of Justice Kennedy, who wrote the opinion of the Court. Kennedy’s opinion several times asserted that the only issue before the Court was the constitutionality of prayer in public schools. The Court’s decision was compelled, wrote Justice Kennedy, “[by] the controlling precedents as they relate to prayer and religious exercise in primary and secondary public schools.”