First Liberty Institute announced that the U.S. Supreme Court will not hear their client’s case alleging religious discrimination.
Prayer in government schools remains a contentious issue. The anti-school prayer movement began in the 1960s. The Supreme Court ruled in Engel v. Vitale (1962) that prayer in government schools violated the First Amendment’s Establishment Clause.
In the context of existing court precedents, individuals can pray in government schools as long as it’s not disruptive, but the government can’t be seen to “sponsor” prayer.
Cambridge Christian School in Florida used to do a quick prayer over the loudspeaker at the Citrus Bowl before the championship game. According to First Liberty, the Florida High School Athletic Association (FHSAA) barred the school from doing so beginning in 2015. FHSAA claimed that because the city owned the stadium and the FHSAA is a government actor, the praying was not allowed.
The school sued, and the case winded its way through the courts. After losing in lower and appeals courts, the Cambridge Christian School asked the Supreme Court to hear the case.
The Supreme Court didn’t issue a reason for declining. The court may have considered the issue moot. From First Liberty:
In response to this litigation, the Florida Legislature passed Fla. Stat. § 1006.185 [effective in 2023], guaranteeing two minutes of opening remarks—which may include prayer—to each team before a high school sporting event in Florida.
“The Eleventh Circuit’s decision to label the prayer as government speech abandons the foundational promises of the First Amendment that are meant to guarantee individual freedom,” said Jeremy Dys, senior counsel at First Liberty Institute. “We are disappointed in the Court’s decision, but will continue to work for the religious freedom of every student in every school across the nation.”
