Federal Court Allows Student-Led Prayer At Idaho Graduation.

A federal appeals court has ruled that students may recite prayers during graduation ceremonies as long as the decision is made purely by the student speaker with no interference from officials.

Ruling 3-0 May 27, the U.S. 9th Circuit Court of Appeals upheld a policy promulgated by a school district in rural Idaho, which permits the top students in each graduating class to make remarks that may or may not include prayer.

"By allowing any speech the student chooses, the policy neither advances not inhibits religion," wrote Judge Diarmuid O'Scannlain. "The policy does not mandate or direct that prayers be read, and may or may not result in prayer at all. Even if a prayer is read, the policy does not make this act of establishment [of religion] by the school district."

Attorneys with the American Civil Liberties Union argued that officials with Madison School District No. 321 in Rexburg, which is 90 percent Mormon, approved the policy knowing full well that prayer would be included. Thus the school district's policy, the ACLU argued, was not neutral toward religion.

The ACLU filed the suit on behalf of an anonymous non-Mormon student who argued that she felt like an outcast at the graduation. (Doe v. Madison School District No. 321)

A similar policy affecting public schools in Duval County, Fla., withstood a legal challenge in May when a federal appellate panel ruled that students selected by their classmates could deliver uncensored two-minute messages, which may include prayer. The 11th U.S. Circuit Court of Appeals later refused to overrule the lower court, although an appeal in the Adler v. Duval County School District case is ongoing.

A federal court in California, however, reached a somewhat different conclusion in another dispute over religious content in graduation speeches. U.S. District Judge Lawrence K. Karlton refused June 5 to overrule school officials who would not allow two graduating seniors in Oroville to read speeches studded with Christian content.

The dispute arose after officials at Oroville Union High School District screened speeches by Chris Niemeyer and Ferrin Cole and decided they were too religious.

Aided by attorneys with the Rutherford Institute, Niemeyer and Cole filed suit, arguing that their free speech fights were being violated. But Judge Karlton disagreed, writing, "I think we have to maintain the integrity of the ceremony for all of our students and for all of the community that attends." (Cole and Niemeyer v. Oroville Union High School District)

In other news about religion in public schools:

* A New Jersey first grader has no constitutional right to proselytize fellow students in the classroom, Americans United and the American Jewish Congress have told a federal appeals court.

In a joint brief filed with the U.S. 3rd Circuit Court of Appeals, AU and the AJC say public school officials acted reasonably when they refused to allow Zachary Hood to read a Bible story to his peers.

Hood and his mother Carol, aided by the Rutherford Institute, are suing the school, alleging a violation of his religious freedom rights. A lower court has already ruled against the Hoods, noting that a classroom is not an "open forum." (C.H. v. Oliva)

* Americans United and the American Jewish Congress have asked the U.S. Supreme Court to intervene in a Utah dispute over a choir director's promotion of religion at a public school. The Bauchman v. West High School case, involves a Jewish student who objected to singing Christian songs, which she says were chosen to further the Mormon faculty member's beliefs. Two lower federal courts have ruled against Bauchman.