Santa Fe Independent School District v. Doe

Summary

        The U.S.C.A. 5th has held that student-initiated, student-delivered invocations and benedictions at high school graduations are constitutional, but only if the school district instructs students to keep theirs messages nonsectarian and nonproselytizing.

        The Santa Fe Independent School District, a political subdivision of the state of Texas, permitted students to deliver overtly Christian prayers at graduation ceremonies and home football games. The school district argued that as long as the prayers were initiated and developed by the students, it was not essential that the prayers be nonsectarian and nonproselytizing. Several students and their parents brought a lawsuit against the school district, maintaining that the district's policies and practices violated the establishment clause. The district court ordered the school district to implement a policy permitting only student-selected, student-given, nonsectarian, nonproselytizing invocations and benedictions at graduation ceremonies and football games.

        The U.S.C.A. 5th affirmed in part, reversed in part, and reversed and remanded in part with instructions. The district court properly ruled that prayers at graduation ceremonies must be nonsectarian and nonproselytizing. These ceremonies are special, annual events at a critical stage in the life of the graduates. Nonsectarian and non-proselytizing prayers may assist in solemnizing graduation ceremonies. The nonsectarian and nonproselytizing limitation satisfies the test articulated in Lemon v. Kurtzman. The Lemon test provides that a government practice is unconstitutional if (1) it lacks a secular purpose, (2) its primary effect either advances or inhibits religion, or (3) it excessively entangles government with religion. When a school permits sectarian and proselytizing prayers it conveys a message that the government endorses the religion. Moreover, school graduation ceremonies and football games are not public forums open to all protected by the free speech clause. However, the district court improperly ruled that prayers at football games must be nonsectarian and nonproselytizing. The constitutionality of prayers hinged on the nature of the events within which they occur. Unlike graduation ceremonies, football games are frequently recurring, informal, school-sponsored events. Due to the nature of football games, it did not matter if the prayers were sectarian and proselytizing.

        

— Brian Cardile