Prayer in Schools

The subject of prayer in schools is loaded with controversy. Since public schools are generally considered a government entity, there is concern as to whether prayer should be allowed in public schools. This seems to be based on an interpretation of the Bill of Rights that government should not be involved in religion

The Bill of Rights actually says, "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech etc.".

This can be interpreted in various ways depending on one's emotional state or preconceived ideas. However from an objective point of view, it really says that Congress should not show partiality to a particular religion by establishing it as the official religion of the state. It also says that Congress must not prohibit people from exercising their religious rights, including public prayer.

Congress has not made a law to establish a national religion, nor has it made a law prohibiting the "exercise" of religion, Including the right to public prayer. Note that public prayer or any other form of free speech is permitted by the First Amendment, which includes this as an "Inalienable Right" not to be infringed by Congress.

Therefore, from this First Amendment right, public schools must allow Christian prayers, Buddhist prayers, Islamic prayers, and any other prayers of a religious nature, or even political discussions of any type.

However, the allowance of public prayer in schools could lead to some confusion with respect to majorities and minorities. For instance, an area where most residents are Muslims, school attendees would most likely be exposed mostly to Islamic prayers. This could be wrongly interpreted as government support of Islam. Conversely in an area where most residents are Christians, school attendees would be exposed to mostly Christian prayers and the minority groups would likely place a wrong interpretation as government support of Christianity. This presents a problem for schools, but they have an obligation to deal with it in a practical and constitutional manner. One approach could be to allow a small portion of the curriculum day to allow students of like religions to congregate and offer their prayers. Since the intention of prayer is to communicate with God, students of other religions should not be required to listen to all prayers.

Anti-religious folk have established a slogan that there should be "separation of church and state". However, it is apparent that the First Amendment does not give justification to that position. There is nothing in the Constitution or Bill of Rights that says government must be opposed to religion in all its forms and practices. These documents merely state that Congress not must pass a law showing partiality to any particular branch of religion.

Why is it then that we have a general rule and operating procedure that public schools must not allow prayers in their confines in any form? Here we are dealing with the usual human political procedure. That is, those who squeal the loudest get what they want. The position of "No prayer in schools" can be changed, but it will involve over-squealing the anti-religious folk by other groups, such as Muslims, and Christians. There will obviously be considerable argument. The anti-religious folk will battle the Muslims and Muslims will battle the Christians. As long as it remains vocal, the situation will be within Constitutional rights and an operating procedure will be developed. If the controversy becomes physical, we have criminal laws to handle that.

Another aspect is that the controversy could eventually be referred to the US Supreme Court. The Constitution and Bill of Rights outlining permissible laws has already been covered, it is the responsibility of the Supreme Court to interpret the Constitution and the Bill of Rights. The court could incorrectly find for the anti-religious folk and make a "rule of the land" that there would be no prayer in public school.

Because it would be law, as interpreted by the Supreme Court, the public would accept. However, a subsequent Supreme Court composed of different members, could revisit the case and possibly reverse the decision.

Lastly, within the context of the First Amendment, Congress could pass a law allowing prayer in schools. In so doing, it would not be establishing a state religion, from which it is prohibited.