Prayer Controversy at Flagpole Erupts at Florida School

November 9, 2011

Liberty Counsel sent a letter to the Clay County School District, demanding it stop interfering with constitutionally protected prayer prior to the start of the school day. For some time, students, some teachers, and community members have voluntarily gathered at the Flagpole at Clay Elementary School to pray prior to the start of the school day. But the district buckled under pressure from the Freedom From Religion Foundation (FFRF), which alleged that the district must stop the prayer. The FFRF demanded that all prayer at the flagpole cease immediately, stating that "it is grossly inappropriate."

In response, Liberty Counsel sent a letter to the district setting forth the law. The district cannot prohibit constitutionally protected religious speech or prayer during individuals' free time. The United States Department of Education has issued guidelines addressing constitutionally protected prayer, that state:

"Students may organize prayer groups, religious clubs, and 'see you at the pole' gatherings before school to the same extent that students are permitted to organize other non-curricular student activities groups. Such groups must be given the same access to school facilities for assembling as is given to other non-curricular groups, without discrimination because of the religious content of their expression."

You can learn more about your rights on our web site at http://www.lc.org/misc/Education.html

Public schools may not interfere with constitutionally protected prayer. Before or after school hours or at other noninstructional times, students may pray. Teachers may also participate in prayer on their own time to the same extent they can participate in other secular activity.
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