An attorney for the Clay County School Board in Florida has issued the somewhat surprising opinion that the flagpole prayers taking place before school violate the U.S. Constitution. Bruce Bickner suggests the county move the prayer time up from 8:15 am to 7:10 am before teachers report.
Not only are the prayers a violation of the constitution, according to Bickner, but the attorney writes that “it is a violation of the United States Constitution for a teacher, school administrator or other school district employee to join in a prayer session during their work time.”
The prayers occur just before school begins and district employees had participated in the prayers before a secular rights group sent the district a letter asking for the prayers to stop.
The FFRF indicated the time change, along with the admonition that school officials and teachers not participate, would make the prayers acceptable. A local minister who leads the prayer at one of the schools says the restriction would make attendance virtually impossible for most students and parents, undermining the point of the exercise.
Via Religion Clause, you can read Bickner's legal analysis here. In a joint statement of current law on religion in public schools drafted by organizations including the Baptist Joint Committee, flagpole prayer events are briefly addressed:
Student participation in before- or after-school events, such as "see you at the pole," is permissible. School officials, acting in an official capacity, may neither discourage nor encourage participation in such an event.
