Silence is Golden: Moments of Silence, Legislative Prayers, and the Establishment Clause

Abstract

In Greece v. Galloway, the Supreme Court will decide on the constitutionality of legislative prayers. This article argues that the best solution to this long-standing and controversial problem is to prohibit all prayers at government meetings and instead allow moments of silence. This solution, which has worked well in our country's public schools, would solemnize governmental hearings and allow people with business there to pray or not pray, without causing offense to, or even in some circumstances coercing, people who do not wish to engage in a religious exercise.

Keywords: Constitution, First Amendment, church-state, religion, establishment clause, government meetings, prayer, moments of silence, legislative prayer

JEL Classification: K10, K30, K39