Stone v. Graham
449 U.S. 39 · Decided November 17, 1980 · Supreme Court of the United States
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 (SCDB)
- Establishment of religion
- 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
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Dissent | Wrote an opinion |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Jurisdictional dissent | |
| Justice Harry A. Blackmun | Jurisdictional dissent | |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Dissent | Wrote an opinion |
| Justice John Paul Stevens | Majority |
Full case caption
Stone et al. v. Graham, Superintendent of Public Instruction of Kentucky
SCDB identifiers: case 1980-005, docket 1980-005-01.
Related decisions
Other cases on “Establishment of religion”
- Widmar v. Vincent
- Larson v. ValenteLaw held unconstitutional
- Larkin v. Grendel's Den, Inc.Law held unconstitutional
- Marsh v. Chambers
- Lynch v. Donnelly
- Board of Trustees of the Village of Scarsdale v. Kathleen S. McCreary
Cases on the same legal provision: First Amendment (establishment of religion)
- Committee for Public Education and Religious Liberty v. Regan
- Mueller v. Allen
- New York v. Cathedral AcademyLaw held unconstitutional
- Wolman v. WalterLaw held unconstitutional
- Roemer v. Board of Public Works of Maryland
- Wallace v. JaffreeLaw held unconstitutional
Same Term, same area (First Amendment)
- Democratic Party of United States v. Wisconsin ex Rel. La FolletteLaw held unconstitutional
- Thomas v. Review Board of the Indiana Employment Security DivisionLaw held unconstitutional
- Flynt v. Ohio
- Schad v. Borough of Mount EphraimLaw held unconstitutional
- Heffron v. International Society for Krishna Consciousness, Inc.
- New York State Liquor Authority v. Bellanca
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