Agreement Ensures Prayer at School Graduation Ceremonies Won't Be Up To 'Majority Rules' Elections, Says AU's Lynn
BBSNews 2008-03-07 -- (AU) Americans United for Separation of Church and State and a Texas public school district have settled a lawsuit involving a policy that allowed students to vote on prayer at graduation ceremonies.
The settlement follows a ruling by U.S. District Judge Sam Sparks that found the Constitution prohibits public schools from holding student votes on whether to have prayers during commencement.
Judge Sparks approved today a settlement between Americans United and the Round Rock Independent School District that provides, in part, that the school district may not hold or conduct any student elections on including prayer or other religious communications at graduation ceremonies.
The Rev. Barry W. Lynn, executive director of Americans United, applauded the settlement.
"Religious liberty is too precious to subject to a majority-rules vote," said Lynn. "This lawsuit was designed to prevent school officials from meddling in what ought to be personal religious matters."
Although Sparks dismissed some portions of Americans United's lawsuit on behalf of Round Rock parents and students, he agreed that the charge of constitutional rights violations could proceed. Sparks, however, strongly urged both parties to settle the case.
The settlement in Does v. Round Rock Independent School District also provides that Sparks retains the power to enforce the school district's promise not to conduct or lead further student elections on prayer at graduation ceremonies. Round Rock officials could hold such elections only if certain future court decisions specifically permit school districts to conduct student votes on prayer at graduation.
Americans United filed the lawsuit last August, challenging the district's policy of allowing seniors to vote on whether to include prayer in graduation ceremonies. In 2007, students at three of the district's four high schools voted in favor of prayer. Americans United charged in its lawsuit that school officials organized, oversaw, and attempted to manipulate the votes on whether to include prayer.
Sparks noted in his ruling that the Supreme Court has forbidden schools to impose prayers through student elections. He rejected arguments by the school district that graduations are not covered by this rule, explaining that a federal appellate decision allowing student-voted prayer at graduations has been overruled by the Supreme Court.
Attorneys at Americans United were pleased that a settlement in the case was reached.
"Our goal all along was to prevent students from being subjected to religious exercises based on the will of a majority," said Ayesha N. Khan, Americans United legal director. "Today's settlement ensures that Round Rock will not be facilitating a process that abridges students' religious liberty rights through a ‘majority rules' vote."
In addition to Khan, the lawsuit was litigated by Senior Litigation Counsel Alex J. Luchenitser, Litigation Counsel Heather L. Weaver and Madison Fellow Jessica L. Wolland of Americans United, and Texas civil rights attorney Robert F. Andrews.
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