Criminalizing Prayer
Written by Rebecca Terrell
Thursday, 17 September 2009 20:00
Two high school administrators in Florida are facing criminal contempt charges in federal court because they prayed at a luncheon honoring private contributors to their school’s athletic program.
The American Civil Liberties Union (ACLU) brought charges against Pace High School Principal Frank Lay and Athletic Director Robert Freeman, claiming they violated a court order to keep their religious beliefs private at school-sponsored events. Lay and Freeman may have to pay $5,000 in fines and spend six months in jail if they are convicted. They could also lose their retirement benefits.
The charges are linked to a similar case filed by the ACLU last year on behalf of two students who claimed school administrators violated their religious freedoms. The judge in that case ordered school district officials to stop “promoting, advancing, aiding, facilitating, endorsing or causing religious prayer or devotionals during school-sponsored events.” A subsequent case against a clerical assistant in the same school district was thrown out last month. The ACLU charged Michelle Winkler with civil contempt of the court injunction for asking her husband to pray at an event honoring school district employees. In that case, the event was privately funded, and Winkler’s husband is not an employee of the school district.
The new case brought against Lay involves students, school employees, and a school-sponsored event. Principal Lay supposedly asked Freeman to say a prayer before a meal attended by school employees and students as well as the school’s athletic program patrons. The ACLU claims: “By directing, promoting, sponsoring or otherwise endorsing prayer or religious activity, public schools infringe on the constitutional right of students, parents, teachers and other staff to determine for themselves their religious beliefs and practices.” Lay says that he made the prayer request out of habit. “It’s just something we’ve always done,” he explained.
Sixty-one members of the Congressional Prayer Caucus, including Congressman Jeff Miller (R-Fla.) whose district includes Pace, Florida, have sent a letter of support to Lay and Freeman, stating they are “standing with [them] in prayer and support as [they] face [their] trial … because of offering a prayer.” Congressman Randy Forbes (R-Va.), Chairman of the bipartisan caucus, issued a press released expressing concern that “this case signifies an effort to criminalize prayer in America.”