November 3, 1999
Attorney general advises on prayers
___AUSTIN--Students still may offer voluntary prayers at public high school football games, according to a ruling by Texas Attorney General John Cornyn.
___The U.S. Fifth Circuit Court of Appeals punted the issue into the spotlight last spring, when it declared the football prayer policy of Santa Fe Independent School District in Galveston to be unconstitutional.
___The Santa Fe district allowed students to read Christian prayers over the public address system at football games.
___The Fifth Circuit's ruling states, "Extending a ... prayer policy to cover messages before high school football games violates the (U.S.) Constitution, even if such a policy includes the non-sectarian, non-proselytizing restrictions."
___School districts statewide interpreted the court's ruling at face value, banning the longstanding tradition of pre-game prayers over the PA system.
___"The Fifth Circuit's opinion continues to cause confusion on the part of students, parents and school districts," Cornyn wrote in a letter mailed to school boards and administrators. "On behalf of the state of Texas, Gov. (George W.) Bush and I have filed a 'friend of the court' brief with the Supreme Court supporting Santa Fe I.S.D.'s position that its prayer policies are constitutional and seeking to overturn the Fifth Circuit's decision."
___In the meantime, Cornyn has ruled the court's decision bans school actions, not students' actions.
___"Specifically, the 5th Circuit's opinion prohibits: (1) School-organized prayer--as opposed to voluntary, student-led or citizen-led prayer--at football games. (2) School-organized prayers at graduation ceremonies that proselytize or promote a specific religion," he wrote.
___"The opinion does not prohibit students from engaging in voluntary prayer and should not be construed to prevent the type of activity as long as the school and school officials are not involved in that activity."
___U.S. District Judge Sim Lake has ruled schools may allow "a student selected by his or her peers to deliver a pre-game message over the loudspeaker," Cornyn reported.
___"If such a pre-game message is given, school officials may not legally prohibit the student speaker from voluntarily and freely praying, giving a blessing, giving an invocation or making any reference to a deity."Contents/ Masthead / Why We're Here / Links / Archive / E-mail us/ SUBSCRIBE!