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Yet again, the Constitutional separation of church and state is being threatened as the Supreme Court reviews the debate over prayer in public schools.
Last Monday, just in time for the turn of the century, the debate over religion in public schools reopened when the high court agreed to review the policy on student-led prayers at high school football games in response to a recent case hailing from Santa Fe, Texas. A decision is expected by late June.
In 1962, the Supreme Court banned teacher-led prayer in public schools. In 1992 the court deemed clergy-led prayers at public school graduation ceremonies unconstitutional. So what makes the Santa Fe Independent School District think it is the exception to the rule?
In 1995, the school district's policy allowing student-led prayers or invocations over the school's public address system at home football games and graduation ceremonies was challenged by four students and their parents.
The court decided that non-religious "nonsectarian non-proselytizing" consecrations were acceptable at graduations, but school football games were deemed the wrong venue for broadcasting prayers. In Galveston County, Texas, where pre-game prayer is a widespread tradition, the ruling provoked a strong opposing reaction.
The school board argues that by leaving the choice of pre-game prayer to the students, the school district is not endorsing the idea and thereby not violating the Constitution's requirement of keeping the entities of church and state separate. But by using school property, such as microphones, a religious prayer, regardless of whether it is led by students, qualifies as a violation of the First Amendment.
Last February, school officials and six students challenged the policy, which resulted in more stringent policies for the school district.
Traditional pre-game words of inspiration as a means to invoke school spirit is not only acceptable, but are often helpful. But using school property to lead a public prayer is unfair for students of varying religious beliefs. Forcing all spectators at a football game to listen to the prayers of a specific religion makes people feel like outsiders in their own communities.
Constitutional matters aside, proponents of pre-football game prayer may argue that no one is being forced to listen to the prayer as it is broadcast or take it seriously. But it is difficult not to hear a public address system broadcast, and this can make people uncomfortable.
Attending football games, although not a requirement, is very much part of life, especially in Texas, where players are often lauded as local heroes. Nobody should feel uncomfortable in their own community or among their peers, especially when the law specifies the very acts making them uneasy are a violation of their Constitutional rights.
There is nothing wrong with pre-game prayer in a private venue. But when it is forced upon students action must be taken.
11-19-99
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