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Volume 3, Number 1
{ Summer 20001
SUPREME COURT HOLDS THAT SCHOOL PRAYER POLICY VIOLATES FIRST
AMENDMENT
Santa Fe Indep. Sch. Dist. v. Jane Doe, 120 S.Ct. 2266 (June 19, 2000)
On June 19, 2000, the Supreme Court of the United States held that a Santa Fe Independent
School District's (District) policy permitting student-led, student-initiated prayer before high
school football games violated the Establishment Clause of the First Amendment.
Before 1995, District policy required the Santa Fe High School student council chaplain to
deliver a prayer over the public address system before each varsity football game. This policy
was challenged as a violation of the First Amendment by several students. While legal action
was pending, the District amended its policy to permit, but not require, a student-led prayer
before each home game. The amended policy authorized student elections to determine whether
'invocations' should be delivered, Id. at 13, and purported to 'solemnize the [football game], to
promote good sportsmanship and student safety, and to establish the appropriate environment for
the competition.' Id. at 15.
To comply with federal constitutional law constraints, the district court modified the District's
amended policy to permit nonsectarian, nonproselytizing prayer. Id. at 9. On appeal, the Fifth
Circuit held that the modified policy still violated the First Amendment.
The Supreme Court focused on the issue of 'whether petitioner's policy permitting student-led,
student-initiated prayer at football games violates the Establishment Clause.' Id. at 20. The
Court's holding was guided by the principles endorsed in Lee v. Weisman, 505 U.S. 577 (1992),
which prohibit the government from coercing anyone to participate in or support the exercise of
religion, or act in a way that would establish a state religion or religious faith.
The District argued that these principles were inapplicable because the message delivered by the
chosen student was private speech. In addition, the students chose whether the pregame
messages were delivered, thereby eliminating the possibility of government coercion.
@ Copyright 2000, National Sports Law Institute of Marquette University Law School
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