Lee V. Weisman - Background

Background

When Robert E. Lee, the principal of Nathan Bishop Middle School in Providence, Rhode Island, invited a Jewish rabbi to deliver a prayer at the 1989 graduation ceremony, the parents of student Deborah Weisman requested a temporary restraining order seeking to bar the rabbi from speaking. When the Rhode Island district court denied the Weismans' motion, the family did attend the graduation ceremony, and the rabbi did deliver the benediction. After the graduation, the Weismans continued their litigation, and won a victory at the First Circuit Court of Appeals. The school district appealed to the U.S. Supreme Court, arguing that the prayer was nonsectarian and was doubly voluntary, as Deborah was free not to stand for the prayer and because participation in the ceremony itself was not required. Arguments were heard on November 6, 1991, and many court watchers thought that Justice Anthony Kennedy, who had been critical of the Court's decisions on school prayer, would provide the crucial fifth vote to reverse the lower court's ruling and deal a major blow to the twin separationist pillars of Engel and Abington.

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