3 ms·
> The current interpretation of the Establishment Clause requires schools to prohibit student-led prayers at school events This issue is still in flux and is m
by throwawayjava 8y ago
> The current interpretation of the Establishment Clause requires schools to prohibit student-led prayers at school events
This issue is still in flux and is more complex than this.
Santa Fe ruled that the school's practice of running an election to select a person who then says a prayer on a PA system before a football game was unconstitutional.
But after Santa Fe was decided, the 5th circuit ruled in favor of Ward by finding that explicitly prohibiting student-led prayers is also unconstitutional! (At this point you've got to feel real bad for the school... damned from one side and damned again by the other.)
Also after Sante Fe, Texas passed RVAA which explicitly allows student-led prayers at school events. The constitutionality of those provisions have not been tested in SCOTUS.
So generally, the current state of affairs is quite subtle and messy.
Student-led prayers at voluntary student-organized events are certainly allowed.
Employee-led prayers in front of students are certainly not allowed in any circumstance.
Everything in-between is murky, and none of the case law is particularly revealing. E.g., what if Sante Fe had not used the PA system and didn't have any voting/guidelines about praying? Much of the legal reasoning in the majority opinion would not have been applicable.