The U.S. Supreme Court has decided not to consider an appeal of a lower court ruling that mealtime prayers at Virginia Military Institute are unconstitutional

Christian Century, May 18, 2004

* The U.S. Supreme Court has decided not to consider an appeal of a lower court ruling that mealtime prayers at Virginia Military Institute are unconstitutional. Justice Antonin Scalia issued a strong dissent to the high court's April 26 refusal, saying the case raised key questions about church and state.

"VMI has previously seen another of its traditions abolished by this court," wrote Scalia, referring to the court's 1996 decision mandating that VMI admit women. "This time, however, its cause has been ignored rather than rejected--though the consequences will be just the same." Virginia's attorney general had appealed the case after the Fourth U.S. Circuit Court of Appeals ruled last year that the suppertime prayers violated the First Amendment. Americans United for Separation of Church and State, which filed a brief in the VMI case at the appeals level, cheered the announcement. "The Constitution does not allow public schools to pressure students to pray, and this action is a reaffirmation of that important principle," said Barry Lynn, executive director of the watchdog group.