Beth Duellman

Legal History Analysis

EDUW 695 Ethics and Issues in Education
November 2015

Santa Fe ISD vs. Doe (2000)

Facts:
-

High School in Santa Fe, Texas

Students were elected by classmates to lead a prayer over the public address system

before high school football games

Some students objected saying those prayers endorsed religion which violated the

Establishment Cause
District supported these invocations because it was a long standing tradition in Texas and

the prayer came from a student and not the district

District said it was student free speech and not state sponsored speech
A number of students (Mormon and Catholic) sued the district over the issue
During the process, the district changed the policy that students would first vote on
whether or not they wanted a prayer before the football game and then who would deliver
it if they voted to include the prayer

Issue: Does student-led prayer over the PA system before varsity football games violate the
Establishment Clause?

Arguments:
Yes

No

Prayer was given over the PA system

so all people were involved even if

Those in attendance were not required

to participate in the prayer.

they didnt want to pray.

School sponsored the student vote to

Students have the right of free speech

which they used when delivering the

include prayer before football games

thus supporting the prayer.

Prayer was included at a public school

pre-game invocations.
Precedent was that the varsity football

event.
District provided the students with the

games began with a prayer.

District does not guide or endorse the
student prayer at the beginning of the

means to deliver a prayer to large

games thus keeping the separation of
masses of people attending the
church and state intact.
schools football games.

Court Decision:
The Supreme Court sided with Doe that student-led prayer over the PA system before varsity
football games was unconstitutional. The students that led these prayers were elected by the
student body supported by the district, the opportunity to give these prayers and PA system were
also supported by the district, and the district policy of having students lead a prayer before the
varsity football games all support public prayer and violates the Establishment Clause.

Opinion:
I agree with the Supreme Courts decision that student-led prayer before high school varsity
football games violates the Establishment Clause. Those in attendance had the prayers pushed
on them when the prayers were broadcasted on the PA system and they were there for a football
game sponsored by a public school. Starting the event with a prayer showed the school
supported certain religious values. Families that want a religious education have that opportunity

by attending religious schools. Those in attendance can pray if they chose to before the football
game without it being led on the PA system. Then those that do not want to participate in the
prayer can chose not to without it being forced onto them. While it may have been the precedent
to start the games with a prayer on the PA system, it does not consider the impact it has on those
expecting a non-religious educational experience as guaranteed by the Establishment Clause.