Alabama “voluntary” prayer law unconstitutional
Federal judge upholds ACLU’s objection to prayer in schools
March 13, 1997
"Once again, the fundamental principle that government shall not involve itself in religion has been upheld and protected, despite the repeated objections and actions of the Alabama legislature," said ACLU of Alabama Attorney James Tucker in response to today's ruling by U.S. District Judge Ira DeMent striking down Alabama's so-called "Student Initiated Prayer Law."
"Judge DeMent has added to a long series of court rulings which reaffirm the First Amendment's prohibition on government officials -- any government officials -- telling people when, where or how to pray," Tucker said.
The court ordered the ruling be distributed to the governor, lieutenant governor, speaker of the House, attorney general, superintendent of education and the governor's legal adviser.
"This ruling means Alabama public school students are free to pray, or not pray, in accord with their conscience, and not the whim and dictate of school officials," said Pamela Sumners, ACLU of Alabama co-operating attorney on the case.
The ruling is a result of a lawsuit filed by the ACLU of Alabama and Americans United for the Separation of Church and State in February of 1996, challenging school-sponsored religious practices in the DeKalb and Talladega public schools, and attacking the constitutionality of the 1993 statute.
Earlier this year, the ACLU of Alabama and the Talladega School Board reached an agreement to stop the unconstitutional practices.
Today's decision orders DeKalb to begin settlement negotiations.
The statute provides "voluntary prayer, invocation and/or benediction, shall be permitted during compulsory or non-compulsory school-related student assemblies, school-related student sporting events, school-related graduation or commencement ceremonies, and other school related students events."
The statute resulted in students being forced to participate in prayer and religious practices while at school and other school sponsored events.
"There is nothing 'voluntary' about a grade-school student being told he can either pray out loud with the rest of the class or go stand in the hall," said Tucker.
"The Alabama legislature has made four attempts to implement school prayer," said Sumners, "and they've been struck down every time. We hope this will give pause to those representatives who are preparing to waste the State's time and money to "return" prayer to public school. As Judge DeMent observed in his ruling, 'One need not return something that was never absent...under most circumstances public school students have the right to engage in private religious speech of any type.'"
"We are pleased the courts have once again upheld the important truth that the sanctity of religion is best protected from the intrusive hand of government when private citizens, including students, are left to choose how to pray and worship, " Tucker said.
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