Court Rules School Board Members May Open Meetings With Prayer
by Jim Brown
August 8, 2005
(AgapePress) - A judge has tossed out a lawsuit filed by the American Civil Liberties Union challenging prayers at school board meetings in Delaware. The lawsuit was filed against members of the Indian River School District Board of Education, a group that regularly opens its business meetings with prayer.Judge Joseph Farnan ruled that the school board meeting prayers are not a violation of the constitutional provision often referred to as the separation of church and state or the "Establishment Clause," as the ACLU had argued. He also determined that the school board members are immune from the ACLU's liability claims.
In dismissing the case against the individual board members, the judge stated that opening a session of the legislature or other deliberative public body with a prayer does not violate the Establishment Clause. He also declared that absolute immunity extends to legislators at all levels of government, including school board members in Delaware.
The Rutherford Institute, an international, non-profit civil liberties organization that works to defend constitutional human rights, became involved in the Indian River school board's case after the Wilmington branch of the ACLU demanded that the district discontinue offering prayers at school events and graduation ceremonies, as well as at school board meetings. Despite ACLU pressure, the board members continued to open their meetings with a brief prayer.
The school board also adopted a policy stating that it would continue to "solemnify" its proceedings by opening with voluntary sectarian or non-sectarian prayer or a moment of silence "in accord with the freedom of conscience of the individual adult board member." The policy requires that these prayers or moments of silence would be voluntary and no school employee, student, or member of the community in attendance at a meeting would be required to participate.
Nisha Mohammed is a spokeswoman for the Rutherford Institute, which represented Indian River School District board member Reginald Helms in the case. She says Judge Farnan's ruling is a major free-speech victory for Helms and his fellow board members, since the judge "basically cited the Supreme Court ruling in Marsh v. Chambers that said that legislative prayers are constitutional and ... legislative protections apply to school board members."
Mohammed believes Farnan's echoing of Supreme Court precedent in his ruling may have a bolstering effect that could influence similar cases around the U.S. "Prayers at school board meetings are being challenged across the country," the attorney says, "and I think this simply reinforces the argument to say that school board members have First Amendment protections. Just because they are on that school board does not mean they are not allowed to open a meeting with prayer."
Rutherford Institute attorneys will now seek to have a district court declare as legal the Indian River School Board's specific written policy allowing school board members to open their meetings with sectarian or nonsectarian prayer or a solemnizing observance of silence. Meanwhile, although the ACLU's case against the school board has been dismissed, its lawsuit against the Indian River School District over prayers at graduation ceremonies and school events will continue.
Jim Brown, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
