Anyone can pray silently anytime anywhere. God can hear the silent prayer. A prayer said out loud to an audience is like a sermon. For ease of the conversation, let’s call them sermons.
The Ninth Circuit affirmed that the legislative prayer exception does not apply to School Board Meetings. The court was trying to parse out what it means to have government sponsored sermons. The general rule is NO government sponsored sermons. The legislative prayer exception allows sermons at legislative meetings as long as they let all religions participate.
IF DCPS Board Chair Joyce and the other board members want to take the position (in defiance of the Ninth Circuit ruling) that their meetings are like city council meetings, then they should develop a neutral policy similar to the city council’s policy.
Here’s excerpts from a 2010 article about the city council’s policy:
Leaders of different faiths will be allowed to pray at the beginning of bimonthly Jacksonville City Council meetings under a new, more inclusive policy. It is quite possible that Hindus, Buddhists, Muslims and Jews will join Christians in giving the invocation. The City Council President said he will work with the General Counsel’s Office to come up with protocol but is hopeful the rotation of faith leaders reflects the varying religious backgrounds of Jacksonville residents. Overtly Christian prayers have come under fire from the ACLU and Anti-Defamation League. Both organizations have written letters to the City Council questioning the constitutionality of such prayers and requesting that the council create a universal policy. David Barkey, the Southern Area Counsel for the Anti-Defamation League, said the new policy will work only if it truly embraces a multitude of faiths. “We commend him for making the effort and showing an intent to be more inclusive and more fair and showing the intent to be ecumenical within the Jacksonville community,” Barkey said. The intent of the policy is to give council meetings a broader appeal to residents of all faiths and to respond to the requests the council has received from concerned groups.
Read the rest of the article from Florida Times-Union:
Here’s the Ninth Circuit ruling that says (even IF DCPS Board Chair Joyce would allow all faiths to participate) what she is doing is illegal BECAUSE school board meetings are not like city council meetings. Students are involved in DCPS regular monthly board meetings.
Ninth Circuit Affirms Legislative Prayer Exception Does Not Apply to School Board Meetings
https://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2770 What Chair Joyce is doing is illegal based on that ruling.
August 2018
Number 34
This decision distinguishes prayer during public school board meetings from the legislative prayer exception for local government legislative bodies. The decision does not impact municipal legislative bodies, like cities and counties. … The Ninth Circuit Court of Appeals has upheld a federal district court ruling that school-sponsored prayer, Bible readings and proselytizing at school board meetings are unconstitutional. In Freedom from Religion Foundation v. Chino Valley Unified School District Board of Education, the Ninth Circuit upheld an injunction against a school board’s policy and practice of allowing school-sponsored religious exercise during board meetings. In finding that the board policy was not within the scope of the legislative prayer exception, the Ninth Circuit emphasized the presence of children at school board meetings. Students play a significant role in board meetings as this is where student accomplishments are recognized, decisions regarding student discipline are rendered and other administrative matters are settled. The Ninth Circuit explained that unlike a session of Congress or a state legislature or a meeting of a town board, school board meetings function as extensions of the educational experience.
i am asking you to advise Duval County Public School Board Chair Joyce to follow the Ninth Circuit ruling and quit inviting Protestant clergy to give a sermon at school board meetings. If she refuses, then please convince her that she at least has to follow the Town of Greece versus Galloway decision and invite all religions to participate in the sermon rotation.
Unite Us Do Not Divide Us 