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Reply to "Football, Prayers, and the First Amendment"

Originally Posted by DarkAngel:

 

Its illegal NB. The SCOTUS has ruled on this issue a few times now and keep coming back with the same answer. Also it is usually NOT atheist that sue the schools for doing this. I believe they are just good American citizens that don't want to see what we stand for and our democracy destroyed. So they stand up for what is right, even if it means ****ing the Christians off.

 

Read this from a CNN article in 2000.

 

The U.S. Supreme Court ruled Monday that prayer does not belong in public schools, even if students initiate and lead the prayers.

The court ruled 6-3 in a Texas case that public schools cannot allow student-led prayer before high school football games, a decision that reinforces the wall between church and state erected by the First Amendment.

The ruling came in Santa Fe Independent School District v. Jane Doe, a case involving the Sante Fe Independent School District in Galveston, Texas, which allowed student-initiated and student-led prayer to be broadcast over the public address system before high school football games.

 
 

The central question was whether allowing prayer violates the First Amendment's establishment clause, which states that Congress "shall make no law respecting an establishment of religion.""We recognize the important role that public worship plays in many communities, as well as the sincere desire to include public prayer as a part of various occasions so as to mark those occasions' significance," Justice John Paul Stevens wrote for the majority."But such religious activity in public schools, as elsewhere, must comport with the First Amendment," he added.

Two students and their mothers filed suit in 1995 and were joined by the American Civil Liberties Union. The students, one Mormon and one Catholic, and their mothers were not named in court papers.

 

continue reading....

 

http://articles.cnn.com/2000-0...lic-prayer?_s=PM:LAW

 

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As further information, a sumary of the case in Wikipoedia includes the following:

 

"The Court held that the policy allowing the student led prayer at the football games was unconstitutional. The majority opinion, written by Justice Stevens depended on Lee v. Weisman.[2]It held that these pre-game prayers delivered "on school property, at school-sponsored events, over the school's public address system, by a speaker representing the student body, under the supervision of school faculty, and pursuant to a school policy that explicitly and implicitly encourages public prayer" are not private, but public speech. "Regardless of the listener's support for, or objection to, the message, an objective Santa Fe High School student will unquestionably perceive the inevitable pregame prayer as stamped with her school's seal of approval."

 

This case was not one that was a purely student-led activity.   The school ( hence the government) had its fingers all over it. Here is some education on the matter.

 

From the Supreme Court's decision:

 

"The actual or perceived endorsement of the message, moreover, is established by factors beyond just the text of the policy. Once the student speaker is selected and the message composed, the invocation is then delivered to a large audience assembled as part of a regularly scheduled, school-sponsored function conducted on school property. The message is broadcast over the school's public address system, which remains subject to the control of school officials. It is fair to assume that the pregame ceremony is clothed in the traditional indicia of school sporting events, which generally include not just the team, but also cheerleaders and band members dressed in uniforms sporting the school name and mascot. The school's name is likely written in large print across the field and on banners and flags. The crowd will certainly include many who display the school colors and insignia on their school T-shirts, jackets, or hats and who may also be waving signs displaying the school name. It is in a setting such as this that "the board has chosen to permit" the elected student to rise and give the "statement or invocation."

In this context the members of the listening audience must perceive the pregame message as a public expression of the views of the majority of the student body delivered with the approval of the school administration. In cases involving state participation in a religious activity, one of the relevant questions is "whether an objective observer, acquainted with the text, legislative history, and implementation of the statute, would perceive it as a state endorsement of prayer in public schools."  Regardless of the listener's support for, or objection to, the message, an objective Santa Fe High School student will unquestionably perceive the inevitable pregame prayer as stamped with her school's seal of approval.

 

School sponsorship of a religious message is impermissible because it sends the ancillary message to members of the audience who are nonadherants "that they are outsiders, not full members of the political community, and an accompanying message to adherants that they are insiders, favored members of the political community." The delivery of such a message -- over the school's public address system, by a speaker representing the student body, under the supervision of school faculty, and pursuant to a school policy that explicitly and implicitly encourages public prayer -- is not properly characterized as "private" speech."

 


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