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Frequently Asked Questions in the Graduation Prayer Case
Why isn't student led prayer appropriate, even if it has been put to a vote?
First, no matter who gives the prayer or religious message, a graduation ceremony is a school-sponsored event. Public schools must abide by the First Amendment, which establishes separation of church and state. Since a graduation ceremony is the culmination of work in school, it is generally accepted to be a mandatory event. Because it is mandatory those who attend may feel pressure to participate in events that conflict with their religious beliefs. Second, students' right to exercise religious freedom may be infringed upon if they feel obligated to participate in a graduation ceremony that does not comply with their beliefs. The right of freedom of religion cannot be taken away, even if the majority votes it down. The purpose of freedom of religion is to protect all religions - be they minority or majority.
What is our alternative if we wish to incorporate prayer for students in their graduation?
The option is to have a separate private prayer event that students can participate in. This alternative event can be led by students, parents or religious groups. However, in order for it to remain unaffiliated with the school it must not be held on school grounds.
Why is separation of church and state important?
This country was founded by people escaping religious persecution in other lands. Because of this history, it has always been characteristic of the United States to be a haven of religious freedom. In fact, because of the Establishment Clause, the United States is the most religiously diverse nation in the world. In many countries, government interference in religion has caused widespread persecution, ranging from government sanctions restricting the practice of certain religions to physical punishment or death. The embodiment and protector of our fundamental right to freedom of religion is the First Amendment. Without the First Amendment, there would be no protection against religious persecution. In order to protect the rights of the majority, the rights of the minority must also be protected, and the best way to do this is to remove religious affiliations from our governing bodies.
What type of prayer is allowed in schools?
Freedom of religion means the free exercise of religion. However in schools, as they are state-sponsored institutions, a few rules do apply: (1) Prayer should not disrupt classroom instruction or other educational activities, (2) Practice of prayer should not be coercive, meaning that it should not try to force others to join in prayer, and (3) You have the right to pray at school, and you cannot be denied that right provided that the above rules are obeyed.
What if the message is non-denominational?
Any type of message that incorporates beliefs or non-beliefs with regards to religion can be considered a religious message. The fact that a message may not be affiliated with any particular religion does not mean that it will not exclude non-believers or some believers whose religions do not fit the traditional framework of non-denominational messages (such as those who believe in multiple gods).
When is the government establishing religion?
In 1971, the Supreme Court created a set of three tests to discover whether a particular governmental act or policy unconstitutionally promotes religion. This test, from the Lemon vs. Kurtzman case, is called the Lemon test. It states that in order for a government act or policy to remain constitutional it must (1) Have a non-religious purpose, (2) Not end up promoting or favoring any set of religious beliefs, and (3) Not overly involve the government with religion.
Why is the ACLU so anti-religion, especially when we can see evidence of religious symbols through out many government agencies, the statement "In God we trust" on the dollar bill for example?
The ACLU is not anti-religion. In fact, there have been numerous instances where a religious group or sect was prevented from practicing their religious beliefs and the ACLU defended them. (Most recently in Florida, we defended the right of Christian and Jewish family members who were forced to remove religious artifacts from grave sites in Boca Raton.)
The ACLU is committed to separation of church and state in order to preserve the right to practice a religion without coercion, hostility or violence. Separation of church and state is the insurance that all people can practice their religions freely. By not allowing the government to establish or support any religion, the Constitution is preventing persecution against both minority and majority religions. If the government were affiliated with a particular church, then there would be opportunities for that church to manipulate the government's influence to try and coerce people into believing or following a certain religion. By keeping church and state separate, we can ensure that the free practice of religion can remain a fundamental right free from coercion and free from majority infringements on religious freedom.
