Handling Student-Led Prayer at School Events - Brief Article

School Administrator, May, 2001 by Nathan Essex

Student-led prayer in public schools continues to be a highly controversial issue. Two recent landmark court cases have added to this ongoing controversy-one ruling by the 11th Circuit Court of Appeals (Chandler v. Siegelman) and the other by the U.S. Supreme Court (Santa Fe Independent School District v. Jane Doe).

At issue is the establishment clause of the First Amendment, which prohibits schools from supporting religion, and the free exercise clause, which permits students to exercise their religious freedoms. While student-led prayer in public schools has been hotly debated, courts in Florida and Texas have ruled that voluntary student-led prayer at school events that does not involve school personnel is permissible. Consequently, students in these jurisdictions have been permitted to offer voluntary prayer at school events.

A recent ruling by the 11th Circuit Court in the Chandler case upheld voluntary student-led prayer at athletic contests. However, the U.S. Supreme Court held for the first time in the Santa Fe decision that the delivery of a message over the public address system by a speaker representing the student body under the supervision of school is illegal and in violation of the establishment clause.

Based on its ruling in Santa Fe banning student-led prayer and the 11th Circuit Court's ruling upholding voluntary prayer in the Chandler Case, the U.S. Supreme Court asked the appeals court to reassess its ruling. In doing so, the Court of Appeals held that its decision does not conflict with the U.S. Supreme Court's ruling by drawing the distinction between the two cases. In Chandler, the school played no role in the student-led prayer. Also, there was no school policy calling for student-led prayer.

The Appeals Court stated that students do not shed their religious rights when they enter the schoolhouse doors. Furthermore, student speech was considered a form of private speech consistent with the free exercise clause. The 11th Circuit ruling is significant in that it represents the first interpretation by an appeals court of the U.S. Supreme Court's decision in Santa Fe. Although the Appeals Court's decision is significant to the ongoing controversy, it may not go unchallenged. The American Civil Liberties Union could appeal.

Based on the two significant court rulings and the dilemma school leaders face in meeting sometimes conflicting expectations, the following administrative guidance may assist school leaders in meeting the requirements of the First Amendment's establishment clause without violating the private speech or free exercise rights of students.

* Do not develop policies calling for any type of school involvement in student-led prayer at school events.

School policies endorsing student-led prayer are illegal and indefensible and violate the establishment clause. For example, based on a parent's complaint in a recent development, the Louisiana chapter of the American Civil Liberties Union threatened to file a lawsuit against Natchitoches Parish Schools for sanctioning student-led prayer over loudspeakers at public football games if the practice was not discontinued within 10 days.

* Follow court mandates or state statutes that apply to your schools regarding student-led voluntary prayer.

These practices will vary from state to state based on court rulings and/or state law. For instance, in Texas, Louisiana and Mississippi, student-led voluntary prayer without school involvement or influence is legal under a Fifth Circuit Court ruling (Jones v. Clear Creek Independent School District). A similar ruling (Adler v. Duval County School Board) affects only Florida, Georgia and Alabama. Of course, the most recent decision in the Chandler case allows these states to support student-led voluntary prayer. On the basis of court decisions, these states generally support this practice. Reasonable compliance with either of these should protect school leaders from unwarranted legal challenges.

* Do not rely on local community customs, standards and mores in supporting religious activities in the schools.

Many communities strongly support prayer and other forms of religious activities in their schools. Community support does not equate to a legally defensible practice. School leaders should not be influenced by community pressure to engage in prohibited religious practices.

* Avoid any ceremonies in your school that create a devotional atmosphere.

The school should not sanction any plays, programs or other activities that create a religious atmosphere. Such programs may be presented for entertainment, historical or literacy purposes but not to meet religious objectives.

School officials may not support any activity that gives the appearance of the school's endorsement of religion.

* Respond quickly to any inquiries or complaints about religious practices in your school.

A prompt response to alleged school-supported religious activities may prevent unnecessary litigation for your school or district. Always be aware of practices that are legally permissible and those that are not.