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The Supreme Court

School Prayer

School and Religion
(April 5, 2000)

When is it okay to pray?

That's the question the Supreme Court is trying to answer. The Justices are hearing arguments in a case that has to do with whether public school students should be allowed to lead prayers over the public-address system before football games.

What the Justices decide could affect football games and other school spirit-raising activities.

The First Amendment

You may be surprised that this question is important enough to be considered by the Supreme Court. But the "separation of church and state" is a fundamental premise of our constitution, and of our country. Afterall, the Pilgrims left England to escape religious persecution in 1620 and people have been coming to America in search of religious freedom ever since.

The issue is not whether individual students can pray before the game--they can. This case asks whether a student-led prayer can be broadcast to everyone at a sporting event.

"God thank you for this evening. Thank you for all the prayers that were lifted up this week for me. I pray that you'll bless each and every person here tonight... In Jesus' name, I pray. Amen."

--public prayer said by Texas student before game

If the Supreme Court rules in favor of student-led prayer, constitutional experts say it will create a precedent for greater government endorsement and promotion of religious worship.

It'll all come down to the way the Justices interpret the First Amendment to the Constitution.

This amendment sets out the principles regarding religion, speech, press, assembly, and petition. Basically, it protects our right to worship as we want, say what we want, publish what we want, gather in groups, and make our concerns known to the government. It also prohibits the government from identifying with a particular religion; effectively separating church and state.

It's the first time since 1992 that the Supreme Court, which serves to clarify, refine, and test the ideals written into the Constitution, is considering a major ruling on school prayer. In 1992 the court barred clergy-led prayers at graduation ceremonies.

Whose right is it?

It all started about five years ago. Two families filed a lawsuit against the Santa Fe, Texas school district over the prayers.

The identities of the two families who filed the lawsuit -- one Catholic and one Mormon -- were sealed by the courts.

Their lawsuit alleged that the school district's policy of allowing students to lead prayers at home football games violated the First Amendment by creating a religious atmosphere- and a lower court agreed in principle.

A federal appeals court ruled that student-led prayers that are "nonsectarian (not limited to one specific religion) and non-proselytizing (do not attempt convert)" are allowed at graduations, but banned before football games -- which the court said aren't serious enough to be "solemnized with prayer."

The school district responded to the lower court ruling by implementing strict guidelines banning pre-game prayer, and warned senior Marian Ward, elected by fellow students to deliver religious messages before football games, that she would be disciplined if she prayed.

Ward's family filed suit in September, arguing that the guidelines violated her free speech rights.

A U.S. District Court judge agreed that the guidelines the school had written were unconstitutional and ruled that the school could not censor Ward's speech.

Decisions, decisions

Voters in Texas have their own opinion about the issue. Earlier this month in the Texas Republican primary, 94 percent of voters approved a nonbinding resolution backing student-initiated prayer at school sporting events.

And Texas Governor George W. Bush, who is seeking the Republican presidential nomination, has filed a brief supporting student-led prayer.

Now it's up to the Supreme court to sort out all of the lower court rulings and make a decision.

A decision is expected by late June.

Other cases dealing with religion in schools:

1940 Supreme Court rules that a public school may require students to salute the flag and
pledge allegiance even if it violates their religious scruples. (Minersville v. Gobitis,)

1943 Court overturns Gobitis but is broader in its scope. No one can be forced to salute the
flag or say the pledge of allegiance if it violates the individual conscience. (West Virginia State
Board of Education v. Barnette)

1948 Court finds religious instruction in public schools a violation of the establishment clause
and therefore unconstitutional. (McCollum v. Board of Education)

1952 Court finds that release time from public school classes for religious instruction does not
violate the establishment clause. (Zorach v. Clausen)

1962 Court finds school prayer unconstitutional. (Engel v. Vitale)

1963 Court finds Bible reading over school intercom unconstitutional. (Abington School District
v. Schempp)

1963 Court finds forcing a child to participate in Bible reading and prayer unconstitutional.
(Murray v. Curlett)

1968 Court says the state cannot ban the teaching of evolution. (Epperson v. Arkansas)

1980 Court finds posting of the Ten Commandments in schools unconstitutional. (Stone v.
Graham)

1985 Court finds state law enforcing a moment of silence in schools had a religious purpose and
is therefore unconstitutional. (Wallace v. Jaffree)

1987 Court finds state law requiring equal treatment for creationism has a religious purpose and
is therefore unconstitutional. (Edwards v. Aquillard)

1990 The court rules that the Equal Access Act does not violate the First Amendment. Public
schools that receive federal funds and maintain a "limited open forum" on school grounds after
school hours cannot deny "equal access" to student groups based upon "religious, political,
philosophical, or other content." (Board of Education v. Mergens)

1992 Court finds prayer at public school graduation ceremonies violates the establishment
clause and is therefore unconstitutional. (Lee v. Weisman)

1993 Court says that school districts cannot deny churches access to school premises after-hours, if the
district allowed the use of its building to other groups. (Lamb's Chapel et al. v. Center Moriches Union Free
School District)

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