Supreme Court Reaffirms Ban On Prayer In Public Schools

The U.S. Supreme Court recently upheld its ban on sponsored prayer in public schools, even under a voluntary state statute. In a unanimous ruling without a written opinion, the Court affirmed the decision of an appellate court that deemed a Louisiana law allowing voluntary prayer in public schools to be unconstitutional. This law, passed in 1980, allowed up to five minutes for prayer at the beginning of the school day, with a student or teacher leading the prayer and non-participating students free to leave the room.

The Jefferson Parish school board in Louisiana was the first to implement this law, and other school boards were observing to see what would happen. Only students whose parents provided written consent were allowed to participate in a one-minute morning prayer session according to the Jefferson Parish board’s policy. However, three parents filed a lawsuit arguing that the law and the local board’s policy, despite being voluntary, promoted religion in violation of the First Amendment. While a U.S. District Court Judge upheld the law, the U.S. Court of Appeals for the Fifth Circuit overturned it in August, deeming it an unconstitutional mixing of church and state. Officials in Rapides Parish expressed their intention to continue the prayer period unless there is a formal challenge to the practice.

One of the co-sponsors of the Louisiana bill stated that the legislature will review the Fifth Circuit’s ruling to determine if there is another approach to school prayer that would comply with the Constitution. "Praying in school has been happening for a long time in rural parishes, but no one sued them," remarked David Hamilton, a lawyer for the state department of education. "I’m not surprised by the Supreme Court’s ruling, and it wouldn’t surprise me if the legislature tried again." Marion McGhehey, executive secretary of the National Organization on Legal Problems in Education, shared that several states, especially in the South, have passed similar laws allowing "voluntary" prayer in schools. While the Supreme Court has never ruled against voluntary prayer, it has stated that public-school facilities funded by taxes cannot be used to promote religion. McGhehey believes legislators support such laws for political reasons, enabling them to oppose the Supreme Court.

Legal battles over these laws and policies are costly affairs, with expenses typically reaching $5,000 at the trial-court level and at least $50,000 by the time a case reaches the Supreme Court, according to McGhehey. School prayer is one of the "social issues" supported by conservative members of Congress, but discussions were postponed last year to prioritize President Reagan’s economic program. Senate Majority Leader Howard Baker predicts that deliberation on school prayer will occur early in the current Congressional session. The House of Representatives has already passed an amendment preventing the use of federal funds to impede voluntary prayer programs in public schools. However, this bill is stalled in the Senate due to a filibuster. Another measure, introduced by Representative Philip M. Crane, aims to remove the federal courts’ jurisdiction in school-prayer cases. David J. Allen, administrative assistant to Representative Crane, believes that the Supreme Court decision does not affect the legislation and emphasizes the need for it. The Crane bill is currently held up in the House Judiciary Committee and requires 218 House members to sign a "discharge petition" to bring it to the floor for a vote. The number of current signatures on the petition is unclear.