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A Parents' Guide to Religion in Public School

Is it legal for my child to pray at school? Is it okay for the chorus to sing Christmas carols? Here are the answers to your most pressing questions about religion at school.

Student Prayer

May students pray together in public schools?

Yes. Students are free to pray alone or in groups, as long as the activity is not disruptive and does not infringe upon the rights of others. These activities must be truly voluntary and student-initiated. For example, students are permitted to gather around the flagpole for prayer before school begins, as long as the event is not sponsored by the school and other students are not pressured to attend. Students do not have a right to force a captive audience to participate in religious exercises.

Didn't the Supreme Court rule against student prayer in public schools?

No. The Supreme Court has struck down state-sponsored or state-organized prayer in public schools. The Court has interpreted the First Amendment to mean that government must be neutral among religions and between religion and nonreligion. This means that school officials may not organize, mandate, or participate in student religious activities, including prayer. A moment of silence, however, may be led by school officials, as long as it does not promote prayer over other types of quiet contemplation.

Does this mean that students may offer prayers at graduation ceremonies?

Not necessarily. Lower courts are divided about whether a student may offer prayers at graduation exercises. Parents should seek legal advice about what rules apply in their state.

Some schools create a "free speech forum" at school-sponsored events during which time students are free to express themselves religiously or otherwise. Such a forum, however, would have to be open to all kinds of speech, including speech critical of religion or the school.

What about baccalaureate services?

Although public schools may not sponsor religious baccalaureate ceremonies, parents, faith groups, and other community organizations are free to sponsor such services for students who wish to attend. The school may announce the baccalaureate in the same way it announces other community events. If the school allows community groups to rent or otherwise use its facilities after-hours, then a privately sponsored baccalaureate may be held on campus under the same terms offered to any private group.

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