Using recent establishment clause decisions concerning vocal prayer, silent meditation, and prayer groups in the public schools, this article suggests that courts have applied the seemingly consistent doctrine of the tripartite test to arrive at quite different results, based in part on extralegal sources. Two such sources are the attitudinal…

This paper reviews First Amendment federal court cases pertaining to religion in schools, suggesting that the findings reveal a judiciary uncertain of where to strike a balance between the interests of the majority and the rights of the minority. The first area discussed is public aid to private schools. The cases covered in this discussion…