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Stone v. Graham

449 U.S. 39 · Decided November 17, 1980 · Supreme Court of the United States

Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.

At a glance

Stone v. Graham was decided on November 17, 1980 by a vote of 5–4. The Court reversed the lower court's decision. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “Establishment of religion” in the First Amendment area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.

Read the opinion

Case details

Citations
449 U.S. 39 · 101 S. Ct. 192 · 66 L. Ed. 2d 199 · 1980 U.S. LEXIS 2
Docket number
80-321
Decided
November 17, 1980
Court era
Burger Court
Decision type
Per curiam (no oral argument)
Disposition
Reversed
Outcome for petitioner
The petitioning party received a favorable disposition
Vote
5–4
Opinion assigned by
William J. Brennan Jr.
How the case arrived
Certiorari
Issue area
First Amendment
Legal provision
First Amendment (establishment of religion)
Type of law
Constitutional amendment
Held unconstitutional
A state or territorial law, regulation or constitutional provision
Decision direction (SCDB)
Liberal what this means

How the Justices voted

JusticeVoteSeparate writing
Justice William J. Brennan Jr.Majority
Justice Potter StewartDissentWrote an opinion
Justice Byron R. WhiteMajority
Justice Thurgood MarshallMajority
Chief Justice Warren E. BurgerJurisdictional dissent
Justice Harry A. BlackmunJurisdictional dissent
Justice Lewis F. Powell Jr.Majority
Justice William H. RehnquistDissentWrote an opinion
Justice John Paul StevensMajority

Full case caption

Stone et al. v. Graham, Superintendent of Public Instruction of Kentucky

SCDB identifiers: case 1980-005, docket 1980-005-01.

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Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error