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Prayer in SchoolsPrayer in Schools

William Allan Kritsonis, PhDWilliam Allan Kritsonis, PhD

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Prayer and the PublicPrayer and the Public

SchoolsSchoolsMost people of faith understandMost people of faith understand

that personal issues of prayerthat personal issues of prayer

when manipulated by governmentwhen manipulated by government

can lead to dangerouscan lead to dangerous

consequences, including exclusion,consequences, including exclusion,octracization and even violence.octracization and even violence.

For this reason the faith groupsFor this reason the faith groups

represented in this work diligentlyrepresented in this work diligently

to make sure that individualto make sure that individual

conscience is respected byconscience is respected byrejecting calls for laws to mandaterejecting calls for laws to mandate

prayer in the public schools.prayer in the public schools.

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Recent Court Decisions aboutRecent Court Decisions aboutPrayer in SchoolsPrayer in Schools

• By the 1990s the courts beganBy the 1990s the courts beganaddressing prayer at schooladdressing prayer at schoolextracurricular extracurricular eventsevents with lesswith lessclarity. While some courts allowedclarity. While some courts allowedstudent prayers from the podium atstudent prayers from the podium atgraduation exercises, a federalgraduation exercises, a federalappellate court inin HoustonHouston ruled inruled in1999 that the recent controversy has1999 that the recent controversy hasrevolved around prayer at schoolrevolved around prayer at schoolathletics events. Guidance wasathletics events. Guidance was

 provided by the Supreme Court in provided by the Supreme Court inSanta Fe Independent School Dist. v. DoeSanta Fe Independent School Dist. v. Doe[2000] when it upheld a lower court[2000] when it upheld a lower courtruling invalidating prayers conductedruling invalidating prayers conductedover the public address system prior over the public address system prior 

to high school games at state schoolto high school games at state schoolfacilities before a school-gatheredfacilities before a school-gatheredaudience.audience.

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Continued from Slide 2Continued from Slide 2

• Those in favor of sponsored prayer Those in favor of sponsored prayer in state schools publicly often sayin state schools publicly often saythat "prayer" is forbidden in statethat "prayer" is forbidden in stateschools.schools. [1][1] Prayer is not and never Prayer is not and never has been forbidden. Regarding thehas been forbidden. Regarding theFree Exercise Clause of the First AmendmentFree Exercise Clause of the First Amendment, the courts have consistently ruled, the courts have consistently ruled

that students' expressions of that students' expressions of religious views through prayer or religious views through prayer or otherwise cannot be abridged unlessotherwise cannot be abridged unlessthey can be shown to causethey can be shown to causesubstantial disruption in the school.substantial disruption in the school.

• Reinstatement of state-sponsoredReinstatement of state-sponsored prayer has been attempted in prayer has been attempted in

different forms in a number of areasdifferent forms in a number of areasof the U.S. Some introduced aof the U.S. Some introduced a"moment of silence" or "moment of "moment of silence" or "moment of reflection" when areflection" when a studentstudent may, if may, if he or she wishes to, offer a silenthe or she wishes to, offer a silent

 prayer. prayer.

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ACLU on Constitutional AmendmentACLU on Constitutional Amendmenton School Prayer Or Moment ofon School Prayer Or Moment of

Silence (2002)Silence (2002)Some, like former Secretary of Some, like former Secretary of Education William Bennett blame theEducation William Bennett blame the1962 decision, Engel v. Vitale,1962 decision, Engel v. Vitale,banning official prayer from publicbanning official prayer from publicschools, for everything from low SATschools, for everything from low SAT

scores to high teenage pregnancyscores to high teenage pregnancyrates. But many educators and otherrates. But many educators and otherexperts tell us that these problemsexperts tell us that these problemsflow from the enormous andflow from the enormous andincreasing gulf in wealth andincreasing gulf in wealth andopportunity and education, betweenopportunity and education, between

the richest and poorest people in ourthe richest and poorest people in oursociety. A one-minute prayer orsociety. A one-minute prayer ormoment of silence in school everydaymoment of silence in school everydaywill do nothing to change that.will do nothing to change that.

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Prayer at Graduation CeremoniesPrayer at Graduation Ceremonies

Recently, some high schools haveRecently, some high schools have

banned prayer from graduationbanned prayer from graduation

ceremonies. In May 2006, theceremonies. In May 2006, the

ACLUACLU of Tennessee convincedof Tennessee convinced

Munford High SchoolMunford High School's principal to's principal to

ban official prayer atban official prayer at

graduation.graduation.[2][2] In response,In response,students pulled out cards with thestudents pulled out cards with the

Lord's PrayerLord's Prayer written on them andwritten on them and

began to read. Also, some havebegan to read. Also, some have

concluded that the school's ACLUconcluded that the school's ACLU

club faculty adviser has lost herclub faculty adviser has lost her

 job over the incident. job over the incident.[3][3]

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In Different Regions of theIn Different Regions of the

WorldWorldUnited KingdomUnited Kingdom• InIn England and WalesEngland and Wales,, the School Standardsthe School Standards

and Framework Act 1998and Framework Act 1998 states that all pupilsstates that all pupilsinin state schoolsstate schools must take part in a daily act of must take part in a daily act of collective worship, unless their parents requestcollective worship, unless their parents requestthat they be excused from attending.that they be excused from attending.[1][1] TheThemajority of these acts of collective worship aremajority of these acts of collective worship arerequired to be "wholly or mainly of a broadlyrequired to be "wholly or mainly of a broadlyChristianChristian character", with two exceptions:character", with two exceptions:

• Religious schools, which should provideReligious schools, which should provideworship appropriate to the school's religionworship appropriate to the school's religion(although most religious schools in the UK are(although most religious schools in the UK areChristian.)Christian.)

• Schools where theSchools where the Local Education AuthorityLocal Education Authority's'sStanding Advisory Council on ReligiousStanding Advisory Council on ReligiousEducation has determined that ChristianEducation has determined that Christian

worship would not be appropriate for part or worship would not be appropriate for part or all of the school.all of the school.

• Despite there being a statutory requirement for Despite there being a statutory requirement for schools to hold a daily act of collectiveschools to hold a daily act of collectiveworship, many do not.worship, many do not. OFSTEDOFSTED's 2002-03's 2002-03annual reportannual report [2][2], for example, states that 80%, for example, states that 80%of of secondary schoolssecondary schools are failing to provideare failing to providedaily worship for all pupilsdaily worship for all pupils

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The History of Prayer in SchoolsThe History of Prayer in Schools• School Sponsored or Employee- Led Prayer.School Sponsored or Employee- Led Prayer. MoreMore

than40 years ago, the U.S. Supreme Court handedthan40 years ago, the U.S. Supreme Court handeddown two major school prayer decisions. The first,down two major school prayer decisions. The first,

 Engel v. Vitale(1962), Engel v. Vitale(1962), involved a denominationallyinvolved a denominationallyneutral prayer composed by the New York Stateneutral prayer composed by the New York StateBoard of Regents: “Almighty God, we acknowledgeBoard of Regents: “Almighty God, we acknowledgeour dependence upon Thee, and we beg Thyour dependence upon Thee, and we beg Thy

 blessings upon us, our parents, our teachers, and our  blessings upon us, our parents, our teachers, and our Country.” The second case,Country.” The second case, School District of School District of 

 Abington v. Schempp (1963), Abington v. Schempp (1963), involved state lawsinvolved state laws

requiring selection and reading of passages from therequiring selection and reading of passages from theBible and recitation of the Lord’s Prayer. The CourtBible and recitation of the Lord’s Prayer. The Courtruled against the state- endorsed prayers in bothruled against the state- endorsed prayers in bothcases. Since the state had in effect made a lawcases. Since the state had in effect made a lawrespecting an establishment of religion in theserespecting an establishment of religion in thesecases, the Court ruled that the Constitution wascases, the Court ruled that the Constitution wasviolated.violated.

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Doe vs. Duncanville ISDDoe vs. Duncanville ISD• In 1995 the Fifth Circuit ruled in a long running caseIn 1995 the Fifth Circuit ruled in a long running case

involving the Duncanville I.S.D. that school districts andinvolving the Duncanville I.S.D. that school districts andtheir employees may not lead, encourage, promote, or their employees may not lead, encourage, promote, or 

 participate in prayers with or among students during participate in prayers with or among students duringcurricular or extracurricular activities, including before,curricular or extracurricular activities, including before,during, or after- school related sporting events (Doe v.during, or after- school related sporting events (Doe v.Duncanville I.S.D., known as Duncanville II). TheDuncanville I.S.D., known as Duncanville II). Theappeals court rejected the contention that such aappeals court rejected the contention that such arestriction denies school employees a constitutional rightrestriction denies school employees a constitutional right

to join students in prayer activities. Participation byto join students in prayer activities. Participation bycoaches and other school employees would “signal ancoaches and other school employees would “signal anunconstitutional endorsement of religion,” the courtunconstitutional endorsement of religion,” the courtnoted, since they are representatives of the school.noted, since they are representatives of the school.However, employees are not required to leave the roomHowever, employees are not required to leave the roomwhen students pray on their own, or otherwise treatwhen students pray on their own, or otherwise treatstudent religious beliefs with disrespect. In short the lawstudent religious beliefs with disrespect. In short the lawis clear that neither the public school nor its employeesis clear that neither the public school nor its employeesmay sponsor prayer at school or at extracurricular may sponsor prayer at school or at extracurricular activities and athletic events.activities and athletic events.

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The Lee Case: Clear Creek ISDThe Lee Case: Clear Creek ISD• When it decided theWhen it decided the Lee case Lee case, the Supreme Court, the Supreme Court

returned a somewhat similar case to the Fifth Circuit.returned a somewhat similar case to the Fifth Circuit.In that case the Fifth Circuit had upheld the Clear In that case the Fifth Circuit had upheld the Clear Creek I.S.D. school board’s resolution leaving theCreek I.S.D. school board’s resolution leaving theinclusion of invocation and benediction at graduationinclusion of invocation and benediction at graduationexercises to the discretion of the senior class. Under theexercises to the discretion of the senior class. Under theresolution, if the senior class votes in the affirmative,resolution, if the senior class votes in the affirmative,then an invocation and benediction can be given by athen an invocation and benediction can be given by astudent volunteer. T He message must be nonsectarianstudent volunteer. T He message must be nonsectarianand nonproselytizing. The Fifth Circuit pointed outand nonproselytizing. The Fifth Circuit pointed out

that, unlike the disfavoredthat, unlike the disfavored Lee Lee practice, the Clear Creek  practice, the Clear Creek  prayer program did not implicate school officials in prayer program did not implicate school officials in prayer decision-making and did not have the same prayer decision-making and did not have the same psychologically coercive effect on objecting students. psychologically coercive effect on objecting students.The ruling was appealed to the U.S. Supreme Court,The ruling was appealed to the U.S. Supreme Court,which refused to hear it in June of 1993, thus leavingwhich refused to hear it in June of 1993, thus leavingthe Fifth Circuit decision standing.the Fifth Circuit decision standing.

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Overall ConclusionOverall Conclusion

• Both the federal courts and the TexasBoth the federal courts and the TexasEducation Code recognize that studentsEducation Code recognize that studentscan engage in personal prayer at schoolcan engage in personal prayer at schooland at school-sponsored extracurricular and at school-sponsored extracurricular and athletic events separate and apart fromand athletic events separate and apart fromschool involvement. Inschool involvement. In Doe v. Doe v.

 Duncanville I.S.D. I, Duncanville I.S.D. I, the trial courtthe trial court

 pointed out that “Students may voluntarily pointed out that “Students may voluntarily pray together, provided such prayer is not pray together, provided such prayer is notdone with school participation.” The judgedone with school participation.” The judgeadded, “Athletes may pray before or after added, “Athletes may pray before or after the games, but again , the activity mustthe games, but again , the activity mustnot suggest that school officials arenot suggest that school officials aresponsoring or participating in the prayer insponsoring or participating in the prayer inany manner.” The Fifth Circuit affirmedany manner.” The Fifth Circuit affirmed

the decision. TEC 25.901 declares that athe decision. TEC 25.901 declares that a public school student has an “absolute public school student has an “absoluteright” to pray or meditate in school in aright” to pray or meditate in school in anondisruptive manner.nondisruptive manner.

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CreditsCredits““Prayer in Schools”Prayer in Schools”

•Course ADMIN: 5023/ Prairie View A&M UniversityCourse ADMIN: 5023/ Prairie View A&M University

•Professor: Dr. PetterwayProfessor: Dr. Petterway

•By: Lelia JonesBy: Lelia Jones

SourcesSourceshttp://www.cleffpublishing.com/articles/jj122902.htmhttp://www.cleffpublishing.com/articles/jj122902.htm

http://www.infidels.org/library/modern/church-state/prayer.htmlhttp://www.infidels.org/library/modern/church-state/prayer.html