Legal Brief Jada Liu
Santa Fe v. Doe
“I go to school to learn. I don’t go there to express my religious views.” That was a statement given by a student who attended the 1995 Santa Fe Independent School District varsity high school football game. A night of school spirit, a student was elected by her peers to deliver a speech during the pregame, and in that speech, contained a prayer. Given over the school’s public speaker system, two mothers in the audience, one Morman and the other Catholic, taking on the name Jane Doe, believe that the school violates their rights according to the First Amendment. Tried in the lower courts, the federal district court ruled in favor of Santa Fe, on the condition that the prayer was nonproselytizing. However, the Fifth Circuit Court of Appeals ruled in favor of Doe, stating that it is required that there be a separation of church and state, prohibiting student-initiated prayers at school-sponsored athletic events. The Santa Fe Independent School District is now appealing to the Supreme Court, claiming that the policy allowing student-led and student-initiated prayer during school football games, does not violate the Establishment Clause of the First Amendment. With the careful review and observation of the legal precedents and actions of the school, it is unambiguous that the Santa Fe Independent School District violates the rights of Jane Doe.
An important argument which shows that the Santa Fe Independent School District violates the Establishment Clause of the First Amendment, is that the school district is a public institution, being a part of the government. Of the $1.15 trillion spent on education by the government each year, a portion is given to the Santa Fe Independent School District. When obtaining funds from the government, the school district is thereby acting in the interests of the government. When the school district allows prayer during football games, it implies that the government also allows prayer, endorsing religion. By the Establishment Clause of the First Amendment, the “Government shall make no law respecting the establishment of religion.” This includes that the government be neutral and respectful to all religions, avoid favoring or impeding any religion, and not violate the separation of church and state. The prayer delivered by the student clearly held a specific religious view with the words: “God, thank you for this evening. Thank you for all the prayers that were lifted up this week for me. I pray that you’ll bless each and every person here tonight,” entangling the school with religion, therefore the government with religion, breaking the rights guaranteed by the First Amendment.
The Santa Fe Independent School District cannot claim that the prayer is private speech because it was given over the public speaker system during a public school event. As written in the school’s policies, the prayer holds the aspects of public speech, considering the time and place it was given. The school sponsored football game abled for anyone to attend. Though, it was mandatory for some, such as the football players, cheerleaders, and band members. The people in attendance, not all belonging to any one organization, were the public, making it a public event. Anything said or presented for all to hear in that stadium, is not at all of private speech. The community, in their own voluntary time, decided to support the athletics of the school that night, not participate in a religious prayer. Not everyone in that stadium were of the same religion or of the same beliefs, they had no knowledge of what was to come that night.
The petitioner cannot use its Football Policy to defend the prayer as it does not promote student safety in any way. Santa Fe’s Football Policy states for a “student-selected, student given brief invocation and/or message to be delivered during the pregame ceremonies of home varsity football games to solemnize the event, to promote good sportsmanship and student safety, and to establish the appropriate environment for the competition.” If prayers are allowed during school football games and are to be selected by the students, then only the majority religions will dominate, excluding the minorities. This will undeniably show favor towards the more popular religions. This can also lead to a safety risk. When a student or person at a football game decides to not participate in a religious prayer, they will be singled out and noticed by all those who are participating, the majority religion. To this day, religious hostility prevails, and there are still many religions that are looked down upon. Bullying, teasing, outcasting, and harassment could be a result of those who differ in beliefs. Threats can be made and violence can be sparked. People will be exposed, or will have to go against their very own religion just to “fit in.” Prayer does not promote safety or sportsmanship; it brings unease and discomfort to all those who have to endure something that they do not believe in. If people in attendance of the football game decided not to participate in the prayer, their health and safety could have been jeopardized.
The Santa Fe Independent School District also cannot claim that their hands-off policy prevents them from selecting or reviewing the message given in a speech. In the landmark case of Hazelwood School District v. Kuhlmeier, the photo journalism students claimed that their First Amendment rights were violated when their school principal deleted an article containing information of the school’s student pregnancies and the students with divorced parents. The Supreme Court ruled in favor of the Hazelwood School District, specifying that the school has control over the content in school papers and can censor any school sponsored activities within reason. This includes: "ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences, or inconsistent with shared values of a civilized social order" material. With the thorough review of the Santa Fe Independent School District v. Doe case, the court will evidently follow the precedent set by Hazelwood School District v. Kuhlmeier, because the prayer delivered during the football game showed bias and different values of civilized social order. The prayer was of one religion, and one religion only. There are many reasons to review the content of a message that will be delivered to a large audience, especially in schools. The school must check to make sure that there are no threatening, obscene, or inappropriate messages. Santa Fe had no knowledge at all of the subject matter of the speech, which is seen as unprofessional. They chose not to be prepared for the public football game, for they did not review the speaker’s speech. Santa Fe had the authority to disapprove of and to censor the content expressed that night of the football game, instead they chose not to. The prayer was given without the knowledge of the school by choice, nor the public.
On the precedent setting case Lee v. Weisman, a Rhode Island middle school principal invited a rabbi to speak at a graduation ceremony where a prayer was delivered, the Supreme Court ruled in favor of Weisman claiming that the prayer was proselytizing, establishing a state religion, therefore violating the Establishment Clause. This case prohibited prayers to be delivered during public school graduation ceremonies. In regard to the Santa Fe Independent School District v. Doe case, it is unquestionable that the court will rule in favor of Doe because if prayers are not allowed at graduation ceremonies, then prayers will not be allowed at football games. Prayer at school sponsored public events indirectly coerces those who are present at the occasion as they must either participate in the prayer, or quietly endure it. If schools were allowed to deliver prayers at any school affiliated events, it will mean that the entire Establishment Clause will be disregarded by the government. There will no longer be a separation between church and state.
With the detailed assessment of the legal precedents and conducts of the school, it is clear that the Santa Fe Independent School District violates the rights of Jane Doe. The message containing the prayer given by the student endorses religion, is not of private speech, and threatens the health and safety of the people in attendance. Regarding the constitution along with the livelihood of the people, the First Amendment rights of Jane Doe are violated by the Santa Fe Independent School District’s policy, involving student-initiated and student-led prayers.