Santa Fe Independent School District v. Doe

530 U.S. 290, 120 S. Ct. 2266, 147 L. Ed. 2d 295, 2000 U.S. LEXIS 4154
Supreme Court of the United States·Decided June 19, 2000·No. 99-62·Published·Cited by 567 cases

Opinions

[294]*294Justice Stevens

delivered the opinion of the Court.

Prior to 1995, the Santa Fe High School student who occupied the school’s elective office of student douneil chaplain delivered a prayer over the public address system before each varsity football game for the entire season. This practice, along with others, was challenged in District Court as a violation of the Establishment Clause of the First Amendment. While these proceedings were pending in the District Court, the school district adopted a different policy that permits, but does not require, prayer initiated and led by a student at all home games. The District Court entered an order modifying that policy to permit only nonseetarian, non-proselytizing prayer. The Court of Appeals held that, even as modified by the District Court, the football prayer policy was invalid. We granted the school district’s petition for certiorari to review that holding.

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The Santa Fe Independent School District (District) is a political subdivision of the State of Texas, responsible for the education of more than 4,000 students in a small community in the southern part of the State. The District includes the Santa Fe High School, two primary schools, an intermediate school and the junior high school. Respondents are two sets of current or former students and their respective mothers. One family is Mormon and the other is Catholic. The District Court permitted respondents (Does) to litigate anonymously to protect them from intimidation or harassment.1

[295]*295Respondents commenced this action in April 1995 and moved for a temporary restraining order to prevent the District from violating the Establishment Clause at the imminent graduation exercises. In their complaint the Does alleged that the District had engaged in several proselytizing practices, such as promoting attendance at a Baptist revival meeting, encouraging membership in religious clubs, chastising children who held minority religious beliefs, and distributing Gideon Bibles on school premises. They also alleged that the District allowed students to read Christian invocations and benedictions from the stage at graduation ceremonies,2 and to deliver overtly Christian prayers over the public address system at home football games.

On May 10, 1995, the District Court entered an interim order addressing a number of different issues.3 With re[296]*296spect to the impending graduation, the order provided that “non-denominational prayer” consisting of “an invocation and/or benediction” could be presented by a senior student or students selected by members of the graduating class. The text of the prayer was to be determined by the students, without scrutiny or preapproval by school officials. References to particular religious figures “such as Mohammed, Jesus, Buddha, or the like” would be permitted “as long as the general thrust of the prayer is non-proselytizing.” App. 32.

In response to that portion of the order, the District adopted a series of policies over several months dealing with prayer at school functions. The policies enacted in May and July for graduation ceremonies provided the format for the August and October policies for football games. The May policy provided:

“ ‘The board has chosen to permit the graduating senior class, with the advice and counsel of the senior class principal or designee, to elect by secret ballot to choose whether an invocation and benediction shall be part of the graduation exercise. If so chosen the class shall elect by secret ballot, from a list of student volunteers, students to deliver nonsectarian, nonproselytizing invocations and benedictions for the purpose of solemnizing [297]*297their graduation ceremonies.’ ” 168 F. 3d 806,811 (CA5 1999) (emphasis deleted).

The parties stipulated that after this policy was adopted, “the senior class held an election to determine whether to have an invocation and benediction at the commencement [and that the] class voted, by secret ballot, to include prayer at the high school graduation.” App. 52. In a second vote the class elected two seniors to deliver the invocation and benediction.4

In July, the District enacted another policy eliminating the requirement that invocations and benedictions be “nonsectarian and nonproselytising,” but also providing that if the District were to be enjoined from enforcing that policy, the May policy would automatically become effective.

The August policy, which was titled “Prayer at Football Games,” was similar to the July policy for graduations. It also authorized two student elections, the first to determine whether “invocations” should be delivered, and the second to select the spokesperson to deliver them. Like the July policy, it contained two parts, an initial statement that omitted any requirement that the content of the invocation be “nonsectarian and nonproselytising,” and a fallback provision that automatically added that limitation if the preferred policy should be enjoined. On August 31, 1995, according to the parties’ stipulation: “[T]he district’s high school students voted to determine whether a student would deliver prayer at varsity football games.... The students chose to allow a [298]*298student to say a prayer at football games.” Id., at 65. A week later, in a separate election, they selected a student “to deliver the prayer at varsity football games.” Id., at 66.

The final policy (October policy) is essentially the same as the August policy, though it omits the word “prayer” from its title, and refers to “messages” and “statements” as well as “invocations.”5 It is the validity of that policy that is before us.6

[299]*299The District Court did enter an order precluding enforcement of the first, open-ended policy. Relying on our decision in Lee v. Weisman, 505 U. S. 577 (1992), it held that the school’s “action must not 'coerce anyone to support or participate in’ a religious exercise.” App. to Pet. for Cert. E7. Applying that test, it concluded that the graduation prayers appealed “to distinctively Christian beliefs,”7 and that delivering a prayer “over the school’s public address system prior to each football and baseball game coerces student participation in religious events.”8 Both parties appealed, the District contending that the enjoined portion of the October policy was permissible and the Does contending that both alternatives violated the Establishment Clause. The Court of Appeals majority agreed with the Does.

The decision of the Court of Appeals followed Fifth Circuit precedent that had announced two rules. In Jones v. Clear Creek Independent School Dist., 977 F. 2d 963 (1992), that court held that student-led prayer that was approved by a vote of the students and was nonseetarian and nonproselytiz-ing was permissible at high school graduation ceremonies. On the other hand, in later cases the Fifth Circuit made it clear that the Clear Creek rule applied only to high school [300]*300graduations and that school-encouraged prayer was constitutionally impermissible at school-related sporting events. Thus, in Doe v. Duncanville Independent School Dist., 70 F.

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Santa Fe Independent School District v. Doe, 530 U.S. 290, 120 S. Ct. 2266, 147 L. Ed. 2d 295, 2000 U.S. LEXIS 4154 (2000).

530 U.S. 290 (Santa Fe Independent School District v. Doe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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