State bans prayer
at Christian institutions
Policy censoring faithful 'on their
own private property' challenged
WorldDailyNet
March 07, 2009
The Illinois High School Association is
being challenged on a policy that bans Christian schools from offering a prayer
or any religious message over their public address systems when they host
association events on their own property.
"It is blatantly
unconstitutional for public school officials to come into private schools and
enforce a policy prohibiting them from expressing what's central to their
religious beliefs," said David Cortman,
senior legal counsel for the Alliance
Defense Fund, or ADF.
The ADF wrote this week to association chief Marty Hickman after several
private schools complained about the new restrictions. WND left a message with
Hickman seeking comment, but the call was not returned today.
"In enacting the policy, the IHSA was purportedly concerned that
allowing private host schools to conduct customary pre-game prayers violated
the First Amendment's Establishment Clause," the letter said.
But the ADF reassured the assocation that the
prayers are constitutional.
"To underscore this point, ADF makes the following offer: should the
IHSA choose to rescind its new policy and go back to its neutral stance
regarding the messages broadcast by private host schools over their public
address systems, and a lawsuit is subsequently filed against the IHSA alleging
an Establishment Clause violation, ADF would be willing to defend the IHSA free
of charge in that lawsuit," said Cortman's
letter.
However, if the policy is not rescinded, there also could be complications,
the letter said.
"There is a strong likelihood that the IHSA's
new policy violates the First Amendment rights of private Christian schools
that host IHSA state series events," the letter said. "For this
reason alone, and to avoid potentially needless litigation and a subsequent
award of attorneys' fees, the IHSA should immediately rescind its new policy
and continue to allow private host schools to conduct events as they have for
years," Cortman said.
The ADF said the IHSA reportedly got "a few complaints from people who
didn't like the prayers and religious announcements at the private
schools," then came up with the new rule that prohibits "all prayer
or religious messages" – even at private and Christian schools.
The letter explained there would be no possibility of a reasonable person
thinking that a practice at an individual private
school somehow was IHSA's attempt to establish
religion.
"Directing where event attendees park their vehicles and sit in the
stands, choosing who gets to sing the national anthem, promoting good
sportsmanship and civility amongst participants and fans, providing concessions
stands for food and refreshments – and yes, even what types of message are
broadcast on the public address system before, during, and after games – these
things are all part of how a particular school hosts an event conducted at its
own facilities and on its own property," the letter said.
"Only an unreasonable and uninformed observer would take offense at a
pre-game prayer at a private school that occurs as part of that school's
customary procedures with no oversight by the IHSA," it continued.
"In fact, what the IHSA should be concerned about under these facts is
not the appearance of impermissible endorsement, but rather that a reasonable
observer would likely perceive hostility toward the religious speech and
practices of private host schools," Cortman
wrote. "You must keep in mind that Establishment Clause jurisprudence
requires neutrality and forbids hostility toward religion."
Further, such bans on religious speech cannot be supported legally, ADF
said.
"Even though private schools have well-settled constitutional free
speech rights to express their religious mission and beliefs, the IHSA chooses
to discriminate against these schools on the basis of the content and viewpoint
of their speech by banning their prayer and religious messages. This is clearly
at odds with established Supreme Court precedent," Cortman
said.