Court: Student prayers OK at school board meetings

Recent Cases

A Texas school board can open its meetings with student-led public prayers without running afoul of the Constitution's prohibition against government-established religion, a federal appeals court ruled Monday.

The ruling by a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans upheld a lower court ruling dismissing a lawsuit against the Birdville Independent School District. The suit was filed by the American Humanist Association and a graduate of Birdville High School.

The panel said student-led prayers for legislative bodies differ from unconstitutional prayers in public schools.

The panel noted a 2014 Supreme Court ruling allowing prayers at a town council meeting in Greece, New York, and said the prayers at the Birdville school board fall under that "legislative prayer exception."

"It would be nonsensical to permit legislative prayers but bar the legislative officers for whom they are being primarily recited from participating in the prayers in any way," Judge Jerry E. Smith wrote for the panel. "Indeed, the Supreme Court did not take issue with the fact that Town of Greece board members bowed their heads during invocations."

The opinion noted that the Birdville school board meetings are held in an administration building — not in a school. People attending can enter and leave at any time, including during the prayer. It said the board meetings open with a student-led Pledge of Allegiance and a statement that can include a prayer, although the statements are sometimes secular.

Related listings

  • Court won’t hear appeal in senator’s corruption case

    Court won’t hear appeal in senator’s corruption case

    Recent Cases 03/21/2017

    The U.S. Supreme Court on Monday declined to hear New Jersey Sen. Bob Menendez’s appeal of his corruption indictment, setting the stage for a federal trial in the fall. The justices let stand a lower court ruling that refused to dismiss charges inclu...

  • NC governor, legislature head to court in power showdown

    NC governor, legislature head to court in power showdown

    Recent Cases 03/05/2017

    North Carolina's new Democratic governor and majority Republican legislature are charging at each other in a constitutional game of chicken over their powers, a confrontation that could shape the recent conservative direction of state policies and sp...

  • Court officer investigated for photographing lawyer's notes

    Court officer investigated for photographing lawyer's notes

    Recent Cases 03/03/2017

    A court security officer in Maine has been placed on leave while under investigation for sending a cellphone photo of a defense attorney's notes to a prosecutor. The Kennebec Journal reports that court officials are calling the incident a serious eth...

CHICAGO BUSINESS & CORPORATE LITIGATION LAWYERS

When faced with a legal challenge, your attorneys should help you identify your goals at the beginning of the process. Thereafter, every action that follows must be undertaken with the aim of meeting those goals. Wasted effort equals wasted time and money, that’s something you cannot afford and your attorneys must respect this concept. At Roth Law Group, we counsel our clients to confront their legal challenges aggressively, but with purpose.

As a former Marine Corps Pilot, I learned that you must assess the situation, determine your mission, construct a plan to achieve the mission and execute that plan. As an attorney and small business owner, I apply the same concepts in taking on my client’s legal challenges. And while it is generally preferable to resolve cases early in the process whenever possible, if you have no choice but to fight, you need someone who is willing to aggressively advocate for you. Here at Roth Law Group, we never back down from a challenge and we fight to win. Let our experienced attorneys put you in control of your legal challenges so you can get back to running your business.

Business News

Clayton, MO Federal Criminal Defense Attorney The Law Offices of John M. Lynch, LLC, provides strong representation for clients with federal criminal defense. >> read