Abstract
The battle over school prayer, beginning in the aftermath of Engel v. Vitale, has sparked a wave of controversy that was kindled by the graduation prayer decisions of Lee v. Weisman and Santa Fe v. Doe. While proponents of a strict separationist approach use these cases as a sword to remove all traces of religion from public schools, the decisions themselves do not require such drastic measures. While teacher-led prayer and bible studies are certainly a relic of our former self, student-initiated religious speech at graduation ceremonies is very much alive—possessing those qualities embedded in our First Amendment that guarantee the freedom of religion and speech. Despite the many school boards that capitulate to threats of litigation, the law is not as settled as some would have them believe.
This Article attempts to introduce and resolve the varying conflicts and pitfalls in the context of graduation prayer and the larger debate regarding the presence of religion in public schools. It traces the language of each circuit that has faced the issue of graduation prayer after Lee in an effort to discover the available room for religious speech at graduation ceremonies. The contributions of Kathleen Brady, Paul Horwitz, and the debate within the Eleventh Circuit are largely the ingredients for this Article’s consolidated solution—carving out where exceptions should be allowed and where school officials are wise to tread lightly.
Recommended Citation
Anton Sorkin,
Graduation Ceremonies: A Prayer for Balancing Sponsorship and Censorship,
41
S. Ill. U. L.J.
345
(2017).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol41/iss3/1