My principal led a prayer today at school. I was wondering with the Establishment Clause of the First Amendment, was that legal?
2007-08-20 13:02:19 · 12 answers · asked by MJ 3 in Politics & Government ➔ Law & Ethics
My school is a public school.
2007-08-20 13:08:19 · update #1
It's legal for a student to lead a prayer session in a public school, but not legal for a teacher or a principal. He's a government-paid employee who was using taxpayer's time, property and resources for promoting a particular religion and that's a no-no under the 1st Amendment. Current Supreme Court interpretations of the Establishment Clause also extends it to any people acting as agents of the government (federal, state, and local), and not just to the U.S. Congress passing laws. But if I were you, I really wouldn't bother getting the ACLU and the courts involved unless you were made to feel compelled to go along with the prayer. If you were perfectly free to opt out without getting punished by the staff or harrassed by other students, then I say it's probably no big deal.
2007-08-20 14:52:27 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Great point made with this question. If prayer was legal in school I think a muslim principal would be able to lead the school in prayer but there would probably be rules he would have to follow if they did legalise it. Some of thouse rules would probably be that prayer is only allowed in a christianic way lol honestly I'm Crying when I lol right now. This brings up a huge issue for anyone leading in prayer anywhere. They should be taking into consideration all the people praying with them and try there best to accomidate all the beliefs the people have about praying in that group. I think this is something to me that makes me never want to lead another in prayer because I honestly just dont want the power I dont need that I could abuse when the other person can pray on there own. Should we as a people be more careful with who we let lead us in prayer for this very reasons?
2016-05-18 04:11:41 · answer #2 · answered by ? 3 · 0⤊ 0⤋
A state actor (state employee - eg your principle), cannot act with the purpose or advancing or inhibiting religion. A principle's leading a prayer is a state actor advancing religion. This is a violation of the 1st amendment incorporated via the 14th amendment to apply to states.
As a result, you suffered a violation of your civil rights. You may seek redress through 42 U.S.C. Section 1983.
2007-08-20 18:17:50 · answer #3 · answered by vet 2 · 0⤊ 1⤋
No, the first amendment protects them, they did not force you to pray. People misunderstand the 1st amendment, it is not to protect the government from religion, it is to protect religion from the government. They didn't want the state to form its own religion that you were forced to follow like in England, that does not mean the state cannot mention god at all. No laws were broken, if you want to sue or something I suggest you get a life, it doesn't matter.
2007-08-20 13:30:42 · answer #4 · answered by Colter B 5 · 2⤊ 1⤋
It depends on the content of the prayer. If you are in a public school and the prayer contained references to religious entities, then it's probably illegal.
2007-08-20 13:28:25 · answer #5 · answered by Anonymous · 0⤊ 1⤋
The 1st amendment reads "Congress shall pass no law respecting an establishment of religion, or prohibiting the free exercise thereof."
The principle is NOT congress.
The principle do NOT pass a law.
The principle could not violate the 'establishment clause' if he/she wanted to.
Does anyone remember that the 1st amendment also prohibits laws "prohibiting the free exercise" of religion?
2007-08-20 14:06:05 · answer #6 · answered by STEVEN F 7 · 0⤊ 2⤋
Leading a prayer, anywhere, is not forcing someone to pray, and is legal. I wonder why it is that liberals have such a problem with somone saying a prayer in school. but have no problem with an islamic student taking his prayer mat outside to face east 5 times a day....
2007-08-20 13:07:01 · answer #7 · answered by Anonymous · 3⤊ 2⤋
I doubt it was legal. Did you participate? Tell the authorities and see what that gets you.
2007-08-20 16:05:52 · answer #8 · answered by jonds 7 · 0⤊ 0⤋
What are you going to sue? Let's all whine about things when they don't go our way! Get over it there are plenty of things in life that should not be done but are.
2007-08-20 13:11:09 · answer #9 · answered by Josephine 3 · 0⤊ 1⤋
If you are at a private school, yes.
2007-08-20 13:06:40 · answer #10 · answered by Chris2457 2 · 1⤊ 1⤋