A second federal appeals court has ruled that it is unconstitutional for a school board to pray before public board meetings is unconstitutional, Mark Walsh of School Law reports.
"The unanimous decision by a three-judge panel of the U.S. Court of Appeals for the 3rd Circuit, in Philadelphia, comes at a time of renewed attention to prayers in the public square," Walsh notes. "Prayers before city council and county board meetings have come under greater legal scrutiny, and Texas Gov. Rick Perry's decision to lead a prayer rally this past weekend raised concerns among civil libertarians. Prayers before school-board meetings are commonplace in the United States."
The court ruled for two families who sued the Indian River School District in the southeast corner of Delaware, which has a formal policy calling for board members to rotate in leading a prayer or moment of silence to "solemnify" formal meetings. The policy says prayers "in the name of a Supreme Being, Jehovah, Jesus Christ, Buddha, Allah" or any other entity, but Walsh reports, "Court papers say that in practice, prayers have almost always been Christian."
"The court said the key question was whether the school board's meetings and prayers were closer to the legislative prayers upheld by the U.S. Supreme Court . . . or more like other school events in which the high court's cases have limited school-sponsored prayers," Walsh writes. "The court noted that students are frequently present at board meetings," and "concluded that the board meetings are closer to other school events, such as graduation ceremonies, in which school-sponsored prayers have been held to have a coercive effect on students."
The 3rd Circuit comprises Delaware, New Jersey, and Pennsylvania. In 1999, the 6th Circuit Court, which covers Michigan, Ohio, Kentucky and Tennessee, ruled that prayers before board meetings in Cleveland were barred by the First Amendment clause that prohibits an establishment of religion. (Read more)
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