santa
fe
independent
school
district
doe
individually
next
friend
minor
children
et
argued
march
decided
june
prior
student
elected
santa
fe
high
school
student
council
chaplain
delivered
prayer
public
address
system
home
varsity
football
game
respondents
mormon
catholic
students
alumni
mothers
filed
suit
challenging
practice
others
establishment
clause
first
amendment
suit
pending
petitioner
school
district
district
adopted
different
policy
authorizes
two
student
elections
first
determine
whether
invocations
delivered
games
second
select
spokesperson
deliver
students
held
elections
authorizing
prayers
selecting
spokesperson
district
entered
order
modifying
policy
permit
nonsectarian
nonproselytizing
prayer
fifth
circuit
held
even
modified
district
football
prayer
policy
invalid
held
district
policy
permitting
prayer
football
games
violates
establishment
clause
pp
analysis
guided
principles
endorsed
lee
weisman
concluding
prayer
delivered
rabbi
graduation
ceremony
violated
establishment
clause
held
minimum
constitution
guarantees
government
may
coerce
anyone
support
participate
religion
exercise
otherwise
act
way
establishes
state
religion
religious
faith
tends
district
argues
unpersuasively
principles
inapplicable
policy
messages
private
student
speech
public
speech
delivery
message
invocation
school
property
events
school
public
address
system
speaker
representing
student
body
supervision
school
faculty
pursuant
school
policy
explicitly
implicitly
encourages
public
prayer
properly
characterized
private
speech
although
district
relies
heavily
cases
addressing
public
forums
rosenberger
rector
visitors
univ
clear
district
pregame
ceremony
type
forum
discussed
cases
district
simply
evince
intent
open
ceremony
indiscriminate
use
student
body
generally
see
hazelwood
school
dist
kuhlmeier
rather
allows
one
student
student
entire
season
give
invocation
subject
particular
regulations
confine
content
topic
student
message
majoritarian
process
implemented
district
guarantees
definition
minority
candidates
never
prevail
views
effectively
silenced
see
board
regents
univ
system
southworth
moreover
district
failed
divorce
invocations
religious
content
policy
involves
perceived
actual
endorsement
religion
see
lee
declaring
student
elections
take
place
district
chosen
permit
invocations
invocation
shall
conducted
high
school
student
council
pon
advice
direction
high
school
principal
must
consistent
policy
goals
include
solemniz
ing
event
religious
message
obvious
method
solemnizing
event
indeed
type
message
expressly
endorsed
policy
invocation
term
primarily
describes
appeal
divine
assistance
used
past
santa
fe
high
school
always
entailed
focused
religious
message
conclusion
message
private
speech
also
established
factors
beyond
policy
text
including
official
setting
invocation
delivered
see
wallace
policy
sham
secular
purposes
see
history
indicates
district
intended
preserve
practice
prayer
football
games
see
lee
pp
rejects
district
argument
policy
distinguishable
graduation
prayer
lee
coerce
students
participate
religious
observances
first
part
argument
impermissible
government
coercion
pregame
messages
product
student
choices
fails
reasons
discussed
explaining
mechanism
dual
elections
student
speaker
turn
public
speech
private
speech
issue
resolved
first
election
whether
student
deliver
prayer
varsity
football
games
controversy
case
demonstrates
students
views
unanimous
issue
one
establishment
clause
purposes
remove
debate
kind
issue
governmental
supervision
control
see
lee
although
ultimate
choice
student
speaker
attributable
students
district
decision
hold
constitutionally
problematic
election
clearly
choice
attributable
state
second
part
district
argument
coercion
attendance
extracurricular
event
unlike
graduation
ceremony
voluntary
unpersuasive
students
cheerleaders
members
band
team
members
attendance
football
games
mandated
sometimes
class
credit
district
argument
also
minimizes
immense
social
pressure
truly
genuine
desire
felt
many
students
involved
extracurricular
event
american
high
school
football
constitution
demands
schools
force
students
difficult
choice
whether
attend
games
risk
facing
personally
offensive
religious
ritual
see
pp
also
rejects
district
argument
respondents
facial
challenge
policy
necessarily
must
fail
premature
invocation
yet
delivered
policy
argument
assumes
concerned
serious
constitutional
injury
occurs
student
forced
participate
act
religious
worship
chooses
attend
school
event
constitution
also
requires
keep
mind
myriad
subtle
ways
establishment
clause
values
eroded
lynch
donnelly
guard
different
yet
equally
important
constitutional
injuries
one
mere
passage
district
policy
purpose
perception
government
establishment
religion
see
bowen
kendrick
lemon
kurtzman
discussed
policy
text
circumstances
surrounding
enactment
reveal
purpose
another
constitutional
violation
warranting
attention
district
implementation
electoral
process
subjects
issue
prayer
majoritarian
vote
election
scheme
district
established
governmental
mechanism
turns
school
forum
religious
debate
empowers
student
body
majority
subject
students
minority
views
constitutionally
improper
messages
award
power
alone
acceptable
cf
board
regents
univ
system
southworth
foregoing
reasons
policy
invalid
face
pp
affirmed
stevens
delivered
opinion
kennedy
souter
ginsburg
breyer
joined
rehnquist
filed
dissenting
opinion
scalia
thomas
joined
santa
fe
independent
school
district
petitioner
jane
doe
individually
next
friend
minor
children
jane
john
doe
et
al
writ
certiorari
appeals
fifth
circuit
june
justice
stevens
delivered
opinion
prior
santa
fe
high
school
student
occupied
school
elective
office
student
council
chaplain
delivered
prayer
public
address
system
varsity
football
game
entire
season
practice
along
others
challenged
district
violation
establishment
clause
first
amendment
proceedings
pending
district
school
district
adopted
different
policy
permits
require
prayer
initiated
led
student
home
games
district
entered
order
modifying
policy
permit
nonsectarian
nonproselytizing
prayer
appeals
held
even
modified
district
football
prayer
policy
invalid
granted
school
district
petition
certiorari
review
holding
santa
fe
independent
school
district
district
political
subdivision
state
texas
responsible
education
students
small
community
southern
part
state
district
includes
santa
fe
high
school
two
primary
schools
intermediate
school
junior
high
school
respondents
two
sets
current
former
students
respective
mothers
one
family
mormon
catholic
district
permitted
respondents
litigate
anonymously
protect
intimidation
respondents
commenced
action
april
moved
temporary
restraining
order
prevent
district
violating
establishment
clause
imminent
graduation
exercises
complaint
alleged
district
engaged
several
proselytizing
practices
promoting
attendance
baptist
revival
meeting
encouraging
membership
religious
clubs
chastising
children
held
minority
religious
beliefs
distributing
gideon
bibles
school
premises
also
alleged
district
allowed
students
read
christian
invocations
benedictions
stage
graduation
deliver
overtly
christian
prayers
public
address
system
home
football
games
may
district
entered
interim
order
addressing
number
different
respect
impending
graduation
order
provided
prayer
consisting
invocation
benediction
presented
senior
student
students
selected
members
graduating
class
text
prayer
determined
students
without
scrutiny
preapproval
school
officials
references
particular
religious
figures
mohammed
jesus
buddha
like
permitted
long
general
thrust
prayer
app
response
portion
order
district
adopted
series
policies
several
months
dealing
prayer
school
functions
policies
enacted
may
july
graduation
ceremonies
provided
format
august
october
policies
football
games
may
policy
provided
board
chosen
permit
graduating
senior
class
advice
counsel
senior
class
principal
designee
elect
secret
ballot
choose
whether
invocation
benediction
shall
part
graduation
exercise
chosen
class
shall
elect
secret
ballot
list
student
volunteers
students
deliver
nonsectarian
nonproselytizing
invocations
benedictions
purpose
solemnizing
graduation
ceremonies
emphasis
deleted
parties
stipulated
policy
adopted
senior
class
held
election
determine
whether
invocation
benediction
commencement
class
voted
secret
ballot
include
prayer
high
school
graduation
app
second
vote
class
elected
two
seniors
deliver
invocation
july
district
enacted
another
policy
eliminating
requirement
invocations
benedictions
nonsectarian
nonproselytising
also
providing
district
enjoined
enforcing
policy
may
policy
automatically
become
effective
august
policy
titled
prayer
football
games
similar
july
policy
graduations
also
authorized
two
student
elections
first
determine
whether
invocations
delivered
second
select
spokesperson
deliver
like
july
policy
contained
two
parts
initial
statement
omitted
requirement
content
invocation
nonsectarian
nonproselytising
fallback
provision
automatically
added
limitation
preferred
policy
enjoined
august
according
parties
stipulation
district
high
school
students
voted
determine
whether
student
deliver
prayer
varsity
football
games
students
chose
allow
student
say
prayer
football
games
week
later
separate
election
selected
student
deliver
prayer
varsity
football
games
final
policy
october
policy
essentially
august
policy
though
omits
word
prayer
title
refers
messages
statements
well
invocations
validity
policy
district
enter
order
precluding
enforcement
first
policy
relying
decision
lee
weisman
held
school
action
must
coerce
anyone
support
participate
religious
exercise
app
pet
cert
applying
test
concluded
graduation
prayers
appealed
distinctively
christian
beliefs
delivering
prayer
school
public
address
system
prior
football
baseball
game
coerces
student
participation
religious
events
parties
appealed
district
contending
enjoined
portion
october
policy
permissible
contending
alternatives
violated
establishment
clause
appeals
majority
agreed
decision
appeals
followed
fifth
circuit
precedent
announced
two
rules
jones
clear
creek
independent
school
held
prayer
approved
vote
students
nonsectarian
nonproselytizing
permissible
high
school
graduation
ceremonies
hand
later
cases
fifth
circuit
made
clear
clear
creek
rule
applied
high
school
graduations
prayer
constitutionally
impermissible
sporting
events
thus
doe
duncanville
independent
school
described
high
school
graduation
significant
event
contrasted
athletic
events
setting
far
less
solemn
extraordinary
opinion
case
appeals
explained
controlling
feature
duncanville
prayers
delivered
football
games
hardly
sober
type
annual
event
appropriately
solemnized
prayer
distinction
district
points
simply
one
without
difference
regardless
whether
prayers
selected
vote
spontaneously
initiated
informal
events
school
officials
present
authority
stop
prayers
thus
indicated
duncanville
decision
clear
creek
ii
hinged
singular
context
singularly
serious
nature
graduation
ceremony
outside
nurturing
context
clear
creek
prayer
policy
survive
therefore
reverse
district
holding
district
alternative
clear
creek
prayer
policy
extended
football
games
irrespective
presence
nonsectarian
nonproselytizing
restrictions
dissenting
judge
rejected
majority
distinction
graduation
ceremonies
football
games
opinion
district
october
policy
created
limited
public
forum
secular
provided
neutral
accommodation
noncoerced
private
religious
granted
district
petition
certiorari
limited
following
question
whether
petitioner
policy
permitting
prayer
football
games
violates
establishment
clause
conclude
appeals
ii
first
clause
first
amendment
federal
constitution
provides
congress
shall
make
law
respecting
establishment
religion
prohibiting
free
exercise
thereof
fourteenth
amendment
imposes
substantive
limitations
legislative
power
political
subdivisions
wallace
jaffree
lee
weisman
held
prayer
delivered
rabbi
middle
school
graduation
ceremony
violated
clause
although
case
involves
student
prayer
different
type
school
function
analysis
properly
guided
principles
endorsed
lee
held
case
principle
government
may
accommodate
free
exercise
religion
supersede
fundamental
limitations
imposed
establishment
clause
beyond
dispute
minimum
constitution
guarantees
government
may
coerce
anyone
support
participate
religion
exercise
otherwise
act
way
establishes
state
religion
religious
faith
tends
citations
omitted
quoting
lynch
donnelly
case
district
first
argues
principle
inapplicable
october
policy
messages
private
student
speech
public
speech
reminds
us
crucial
difference
government
speech
endorsing
religion
establishment
clause
forbids
private
speech
endorsing
religion
free
speech
free
exercise
clauses
protect
board
ed
westside
community
schools
dist
mergens
opinion
certainly
agree
distinction
persuaded
pregame
invocations
regarded
private
speech
invocations
authorized
government
policy
take
place
government
property
events
course
every
message
delivered
circumstances
government
held
example
individual
contribution
forum
government
speech
see
rosenberger
rector
visitors
univ
although
district
relies
heavily
rosenberger
similar
cases
involving
clear
pregame
ceremony
type
forum
discussed
santa
fe
school
officials
simply
evince
either
policy
practice
intent
open
pregame
ceremony
indiscriminate
use
student
body
generally
hazelwood
school
dist
kuhlmeier
quoting
perry
ed
assn
perry
local
educators
rather
school
allows
one
student
student
entire
season
give
invocation
statement
invocation
moreover
subject
particular
regulations
confine
content
topic
student
message
see
infra
comparison
perry
rejected
claim
school
created
limited
public
forum
school
mail
system
despite
fact
allowed
far
speakers
address
much
broader
range
topics
policy
issue
concluded
perry
selective
access
transform
government
property
public
forum
granting
one
student
access
stage
time
course
necessarily
preclude
finding
school
created
limited
public
forum
however
santa
fe
student
election
system
ensures
messages
deemed
appropriate
district
policy
may
delivered
majoritarian
process
implemented
district
guarantees
definition
minority
candidates
never
prevail
views
effectively
silenced
recently
board
regents
univ
system
southworth
explained
student
elections
determine
majority
vote
expressive
activities
shall
receive
receive
school
benefits
constitutionally
problematic
extent
referendum
substitutes
majority
determinations
viewpoint
neutrality
undermine
constitutional
protection
program
requires
whole
theory
viewpoint
neutrality
minority
views
treated
respect
majority
views
access
public
forum
instance
depend
upon
majoritarian
consent
principle
controlling
slip
like
student
referendum
funding
southworth
student
election
nothing
protect
minority
views
rather
places
students
hold
views
mercy
fundamental
rights
may
submitted
vote
depend
outcome
elections
west
virginia
bd
ed
barnette
district
elections
insufficient
safeguards
diverse
student
speech
lee
school
district
made
related
argument
policy
endorsing
civic
nonsectarian
prayer
acceptable
minimized
intrusion
audience
whole
rejected
claim
explaining
majoritarian
policy
lessen
offense
isolation
objectors
best
narrows
number
worst
increases
sense
isolation
affront
similarly
santa
fe
majoritarian
election
might
ensure
students
represented
nothing
protect
minority
indeed
likely
serves
intensify
offense
moreover
district
failed
divorce
religious
content
invocations
succeeded
either
claiming
policy
one
neutrality
rather
characterizing
individual
student
process
contrary
district
repeated
assertions
adopted
approach
pregame
invocation
realities
situation
plainly
reveal
policy
involves
perceived
actual
endorsement
religion
case
found
lee
degree
school
involvement
makes
clear
pregame
prayers
bear
imprint
state
thus
put
children
objected
untenable
position
district
attempted
disentangle
religious
messages
developing
student
election
process
text
october
policy
however
exposes
extent
school
entanglement
elections
take
place
school
board
chosen
permit
students
deliver
brief
invocation
message
app
emphasis
added
elections
thus
shall
conducted
high
school
student
council
pon
advice
direction
high
school
principal
decision
whether
deliver
message
first
made
majority
vote
entire
student
body
followed
choice
speaker
separate
similar
majority
election
even
though
particular
words
used
speaker
determined
votes
policy
mandates
statement
invocation
consistent
goals
purposes
policy
solemnize
event
promote
good
sportsmanship
student
safety
establish
appropriate
environment
competition
ibid
addition
involving
school
selection
speaker
policy
terms
invites
encourages
religious
messages
policy
purpose
message
solemnize
event
religious
message
obvious
method
solemnizing
event
moreover
requirements
message
promote
good
citizenship
establish
appropriate
environment
competition
narrow
types
message
deemed
appropriate
suggesting
solemn
yet
nonreligious
message
commentary
foreign
policy
indeed
type
message
expressly
endorsed
text
invocation
term
primarily
describes
appeal
divine
fact
used
past
santa
fe
high
school
invocation
always
entailed
focused
religious
message
thus
expressed
purposes
policy
encourage
selection
religious
message
precisely
students
understand
policy
results
elections
described
parties
make
clear
students
understood
central
question
whether
prayer
part
pregame
recognize
important
role
public
worship
plays
many
communities
well
sincere
desire
include
public
prayer
part
various
occasions
mark
occasions
significance
religious
activity
public
schools
elsewhere
must
comport
first
amendment
actual
perceived
endorsement
message
moreover
established
factors
beyond
text
policy
student
speaker
selected
message
composed
invocation
delivered
large
audience
assembled
part
regularly
scheduled
function
conducted
school
property
message
broadcast
school
public
address
system
remains
subject
control
school
officials
fair
assume
pregame
ceremony
clothed
traditional
indicia
school
sporting
events
generally
include
team
also
cheerleaders
band
members
dressed
uniforms
sporting
school
name
mascot
school
name
likely
written
large
print
across
field
banners
flags
crowd
certainly
include
many
display
school
colors
insignia
school
jackets
hats
may
also
waving
signs
displaying
school
name
setting
board
chosen
permit
elected
student
rise
give
statement
invocation
context
members
listening
audience
must
perceive
pregame
message
public
expression
views
majority
student
body
delivered
approval
school
administration
cases
involving
state
participation
religious
activity
one
relevant
questions
whether
objective
observer
acquainted
text
legislative
history
implementation
statute
perceive
state
endorsement
prayer
public
schools
wallace
concurring
part
concurring
judgment
regardless
listener
support
objection
message
objective
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fe
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school
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school
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approval
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history
policy
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prayer
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entity
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policy
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course
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duty
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concurring
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district
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purposes
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foste
free
expression
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persons
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solemniz
sporting
events
promot
good
sportsmanship
student
safety
establis
appropriate
environment
competition
brief
petitioner
note
however
district
approval
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kind
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invocation
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purposes
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fact
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permitted
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policy
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type
message
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solemnizing
district
policy
yet
striking
us
evolution
current
policy
office
student
chaplain
candidly
titled
prayer
football
games
regulation
history
indicates
district
intended
preserve
practice
prayer
football
games
conclusion
district
viewed
october
policy
simply
continuation
previous
policies
dramatically
illustrated
fact
school
conduct
new
election
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current
policy
replace
results
previous
election
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former
policy
given
observations
light
school
history
regular
delivery
prayer
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events
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specific
purpose
policy
preserve
popular
religious
practice
lee
school
sponsorship
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message
impermissible
sends
ancillary
message
members
audience
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outsiders
full
members
political
community
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message
adherants
insiders
favored
members
political
community
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donnelly
concurring
delivery
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school
public
address
system
speaker
representing
student
body
supervision
school
faculty
pursuant
school
policy
explicitly
implicitly
encourages
public
prayer
properly
characterized
private
speech
iii
district
next
argues
football
policy
distinguishable
graduation
prayer
lee
coerce
students
participate
religious
observances
argument
two
parts
first
impermissible
government
coercion
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messages
product
student
choices
second
really
coercion
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graduation
ceremony
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reasons
discussed
explaining
alleged
mechanism
dual
elections
student
speaker
turn
public
speech
private
speech
also
demonstrate
mechanisms
insulate
school
coercive
element
final
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fact
aspect
district
argument
exposes
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concerns
created
majoritarian
election
system
parties
stipulation
clearly
issue
resolved
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election
whether
student
deliver
prayer
varsity
football
games
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controversy
case
demonstrates
views
students
unanimous
issue
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purposes
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establishment
clause
remove
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kind
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governmental
supervision
control
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lee
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transmission
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beliefs
worship
responsibility
choice
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sphere
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student
elections
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policy
coupled
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presumably
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precede
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invade
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sphere
election
mechanism
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light
history
policy
question
evolved
reflects
device
district
put
place
determines
whether
religious
messages
delivered
home
football
games
mechanism
encourages
divisiveness
along
religious
lines
public
school
setting
result
odds
establishment
clause
although
true
ultimate
choice
student
speaker
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students
brief
petitioner
district
decision
hold
constitutionally
problematic
election
clearly
choice
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state
lee
district
argues
attendance
commencement
ceremonies
issue
lee
differs
dramatically
attendance
high
school
football
games
contends
passing
interest
many
students
decidedly
extracurricular
thus
dissipating
coercion
brief
petitioner
attendance
high
school
football
game
unlike
showing
class
certainly
required
order
receive
diploma
moreover
may
assume
district
correct
arguing
informal
pressure
attend
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event
strong
senior
desire
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graduation
ceremony
students
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cheerleaders
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band
course
team
members
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commitments
mandate
attendance
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class
credit
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also
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importance
many
students
attending
participating
extracurricular
activities
part
complete
educational
experience
noted
lee
aw
reaches
past
formalism
assert
high
school
students
feel
immense
social
pressure
truly
genuine
desire
involved
extracurricular
event
american
high
school
football
formalistic
extreme
ibid
stressed
lee
obvious
observation
adolescents
often
susceptible
pressure
peers
towards
conformity
influence
strongest
matters
social
convention
high
school
home
football
games
traditional
gatherings
school
community
bring
together
students
faculty
well
friends
family
years
present
past
root
common
cause
undoubtedly
games
important
students
voluntarily
choose
attend
many
others
however
choice
whether
attend
games
risk
facing
personally
offensive
religious
ritual
practical
sense
easy
one
constitution
moreover
demands
school
may
force
difficult
choice
upon
students
tenet
first
amendment
state
require
one
citizens
forfeit
rights
benefits
price
resisting
conformance
religious
practice
even
regard
every
high
school
student
decision
attend
home
football
game
purely
voluntary
nevertheless
persuaded
delivery
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prayer
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effect
coercing
present
participate
act
religious
worship
government
may
use
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pressure
enforce
orthodoxy
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use
direct
means
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hat
believers
may
seem
nothing
reasonable
request
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respect
religious
practices
school
context
may
appear
nonbeliever
dissenter
attempt
employ
machinery
state
enforce
religious
orthodoxy
constitutional
command
permit
district
exact
religious
conformity
student
price
joining
classmates
varsity
football
religion
clauses
first
amendment
prevent
government
making
law
respecting
establishment
religion
prohibiting
free
exercise
thereof
means
commands
impose
prohibition
religious
activity
public
schools
see
lamb
chapel
center
moriches
union
free
school
board
ed
westside
community
schools
dist
mergens
wallace
jaffree
indeed
common
purpose
religion
clauses
secure
religious
liberty
engel
vitale
thus
nothing
constitution
interpreted
prohibits
public
school
student
voluntarily
praying
time
schoolday
religious
liberty
protected
constitution
abridged
state
affirmatively
sponsors
particular
religious
practice
prayer
iv
finally
district
argues
repeatedly
made
premature
facial
challenge
october
policy
necessarily
must
fail
district
emphasizes
quite
correctly
student
actually
delivers
solemnizing
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latest
version
policy
certainty
statements
invocations
religious
thus
concludes
october
policy
necessarily
survives
facial
challenge
argument
however
assumes
concerned
serious
constitutional
injury
occurs
student
forced
participate
act
religious
worship
chooses
attend
school
event
constitution
also
requires
keep
mind
myriad
subtle
ways
establishment
clause
values
eroded
lynch
concurring
guard
different
yet
equally
important
constitutional
injuries
one
mere
passage
district
policy
purpose
perception
government
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religion
another
implementation
governmental
electoral
process
subjects
issue
prayer
majoritarian
vote
district
argues
facial
challenge
must
fail
santa
fe
football
policy
invalidated
basis
possibility
even
likelihood
unconstitutional
application
brief
petitioner
quoting
bowen
kendrick
establishment
clause
cases
involving
facial
challenges
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focused
solely
possible
applications
statute
rather
considered
whether
statute
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purpose
writing
bowen
chief
justice
concluded
previous
cases
involving
facial
challenges
establishment
clause
grounds
edwards
aguillard
mueller
allen
assess
constitutionality
enactment
reference
three
factors
first
articulated
lemon
kurtzman
guides
general
nature
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area
mueller
allen
supra
therefore
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us
examine
purpose
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policy
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supra
text
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alone
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plain
language
policy
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spells
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traditional
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policy
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regulation
creates
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public
forum
expression
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speech
examination
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need
stop
analysis
text
policy
case
comes
us
latest
step
developing
litigation
brought
challenge
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practices
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clause
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practices
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sanctioning
prayer
varsity
football
games
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question
us
whether
implementation
october
policy
insulates
continuation
prayers
constitutional
scrutiny
inquiry
question
must
include
examination
circumstances
surrounding
enactment
whether
government
activity
violates
establishment
clause
large
part
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question
answered
basis
judicial
interpretation
social
facts
every
government
practice
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judged
unique
circumstances
lynch
concurring
discussion
previous
sections
supra
demonstrates
case
district
direct
involvement
school
prayer
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constitutional
limits
district
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asks
us
pretend
recognize
every
santa
fe
high
school
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clearly
policy
prayer
district
asks
us
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football
game
position
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speech
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context
quells
doubt
policy
implemented
purpose
endorsing
school
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school
endorsement
student
prayer
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violation
need
wait
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confirm
magnify
constitutional
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wallace
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invalidated
alabama
yet
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moment
silence
statute
based
conclusion
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sole
purpose
expressing
state
endorsement
prayer
activities
one
minute
beginning
school
day
therefore
even
santa
fe
high
school
student
ever
offer
religious
message
october
policy
fails
facial
challenge
attempt
district
encourage
prayer
also
issue
government
efforts
endorse
religion
evade
constitutional
reproach
based
solely
remote
possibility
attempts
may
fail
policy
likewise
survive
facial
challenge
impermissibly
imposes
upon
student
body
majoritarian
election
issue
prayer
election
scheme
district
established
governmental
electoral
mechanism
turns
school
forum
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debate
empowers
student
body
majority
authority
subject
students
minority
views
constitutionally
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messages
award
power
alone
regardless
students
ultimate
use
like
referendum
board
regents
univ
system
southworth
election
mechanism
established
district
undermines
essential
protection
minority
viewpoints
system
encourages
divisiveness
along
religious
lines
threatens
imposition
coercion
upon
students
desiring
participate
religious
exercise
simply
establishing
procedure
entrusts
inherently
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subject
religion
majoritarian
vote
constitutional
violation
injury
required
policy
fail
facial
challenge
properly
examine
policy
face
must
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aware
history
context
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forum
pinette
concurring
part
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judgment
examination
circumstances
leads
conclusion
policy
provide
district
constitutional
safe
harbor
sought
policy
invalid
face
establishes
improper
majoritarian
election
religion
unquestionably
purpose
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perception
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delivery
prayer
series
important
school
events
judgment
appeals
accordingly
affirmed
ordered
santa
fe
independent
school
district
petitioner
jane
doe
individually
next
friend
minor
children
jane
john
doe
et
al
writ
certiorari
appeals
fifth
circuit
june
chief
justice
rehnquist
justice
scalia
justice
thomas
join
dissenting
distorts
existing
precedent
conclude
school
district
program
invalid
face
establishment
clause
even
disturbing
holding
tone
opinion
bristles
hostility
things
religious
public
life
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holding
tone
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faithful
meaning
establishment
clause
recalled
george
washington
request
congress
passed
bill
rights
proclaimed
day
public
thanksgiving
prayer
observed
acknowledging
grateful
hearts
many
signal
favors
almighty
god
presidential
proclamation
messages
papers
presidents
richardson
ed
learn
late
opinion
respondents
case
challenged
district
program
football
games
put
practice
explained
salerno
fact
policy
might
operate
unconstitutionally
conceivable
set
circumstances
insufficient
render
wholly
invalid
see
also
bowen
kendrick
exception
principle
first
amendment
overbreadth
context
concern
people
may
refrain
speech
fear
prosecution
los
angeles
police
dept
reporting
publishing
slip
similar
justification
establishment
clause
cases
speech
chilled
existence
government
policy
might
unconstitutionally
endorse
religion
nonreligion
therefore
question
whether
district
policy
may
applied
violation
establishment
clause
whether
inevitably
venturing
realm
prophesy
decides
need
wait
inevitable
invalidates
district
policy
face
see
ante
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rigid
version
test
lemon
kurtzman
lemon
checkered
career
decisional
law
see
lamb
chapel
center
moriches
union
free
school
scalia
concurring
judgment
collecting
opinions
criticizing
lemon
wallace
jaffree
rehnquist
dissenting
stating
lemon
test
represents
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craft
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internal
quotation
marks
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committee
public
ed
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regan
stevens
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task
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lynch
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even
apply
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test
citing
marsh
chambers
larson
valente
indeed
lee
weisman
opinion
upon
relies
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feel
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felton
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hunt
mcnair
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ante
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misses
mark
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nature
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policy
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prayer
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see
ante
contrary
election
permitted
policy
process
whereby
students
vote
first
whether
student
speaker
football
games
second
students
vote
speaker
speaker
app
conceivable
election
become
one
student
candidates
campaign
platforms
focus
whether
pray
elected
also
conceivable
election
lead
christian
prayer
percent
football
games
upon
implementation
policy
operated
fashion
record
us
review
whether
policy
applied
violated
establishment
clause
unduly
suppressed
minority
viewpoints
possible
students
might
vote
pregame
speaker
case
threat
constitutional
violation
also
possible
election
focus
prayer
public
speaking
ability
social
popularity
student
campaigning
begin
focus
prayer
school
might
decide
implement
reasonable
campaign
ignores
possibilities
holding
merely
granting
student
body
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elect
speaker
may
choose
pray
regardless
students
ultimate
use
acceptable
ante
holds
despite
speech
may
occur
result
election
process
private
government
speech
elected
student
government
choose
say
support
holding
found
cases
essentially
invalidates
student
elections
newly
elected
student
body
president
even
newly
elected
prom
king
queen
use
opportunities
public
speaking
say
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view
mere
grant
power
students
vote
offices
light
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elected
might
publicly
pray
violates
establishment
clause
second
respect
policy
purpose
holds
simple
enactment
policy
purpose
perception
school
endorsement
student
prayer
constitutional
violation
ante
policy
plausible
secular
purposes
solemnize
event
promote
good
sportsmanship
student
safety
establish
appropriate
environment
competition
app
governmental
body
expresses
plausible
secular
purpose
enactment
courts
generally
defer
stated
intent
wallace
supra
concurring
judgment
see
also
mueller
allen
stressing
reluctance
attribute
unconstitutional
motives
particularly
plausible
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purpose
state
program
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face
statute
grants
deference
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policy
stated
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wastes
time
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sham
example
dismisses
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claiming
invites
encourages
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cf
lynch
concurring
discussing
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urging
game
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fairly
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events
often
begin
solemn
rendition
national
anthem
concluding
verse
motto
god
trust
logic
public
school
sponsors
singing
national
anthem
football
games
violates
establishment
clause
although
apparently
believes
solemnizing
football
games
illegitimate
purpose
voters
school
district
seem
disagree
nothing
establishment
clause
prevents
making
bases
conclusion
true
purpose
policy
endorse
student
prayer
view
school
district
history
establishment
clause
violations
context
policy
written
latest
step
developing
litigation
brought
challenge
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practices
unquestionably
violated
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clause
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context
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compliance
district
order
actually
demonstrates
school
district
acting
diligently
come
within
governing
constitutional
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ordered
school
district
formulate
policy
consistent
fifth
circuit
precedent
permitted
school
district
policy
see
jones
clear
creek
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school
school
district
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required
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settled
policy
gave
student
speaker
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either
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school
district
exhibited
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comply
exceed
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clause
restrictions
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policy
viewed
sectarian
also
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decision
lee
weisman
support
conclusion
lee
concluded
content
speech
issue
graduation
prayer
given
rabbi
directed
controlled
school
official
words
issue
lee
government
speech
contrast
potential
speech
issue
policy
allowed
proceed
message
invocation
selected
created
student
speech
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speech
crucial
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government
speech
endorsing
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forbids
private
speech
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speech
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exercise
clauses
protect
applies
particular
force
question
endorsement
board
ed
westside
community
schools
dist
mergens
plurality
opinion
emphasis
original
policy
put
practice
students
may
chosen
speaker
according
wholly
secular
criteria
like
good
public
speaking
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popularity
student
speaker
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chosen
accord
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message
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policy
likely
pass
constitutional
muster
see
lee
supra
souter
concurring
state
chosen
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state
actor
individually
chosen
deliver
religious
message
harder
attribute
endorsement
religion
state
finally
seems
demand
government
policy
completely
neutral
content
considered
one
endorses
religion
see
ante
undoubtedly
new
requirement
establishment
clause
jurisprudence
simply
mandate
content
neutrality
concept
found
first
amendment
speech
cases
used
guide
determining
apply
strict
scrutiny
example
look
content
neutrality
reviewing
loudness
restrictions
imposed
speech
public
forums
see
ward
rock
racism
regulations
picketing
see
boos
barry
seems
think
fact
policy
content
neutral
somehow
controls
establishment
clause
inquiry
see
ante
even
speech
jurisprudence
require
public
school
actions
respect
student
speech
content
neutral
see
bethel
school
dist
fraser
allowing
imposition
sanctions
student
speaker
nominating
fellow
student
elective
office
assembly
referred
candidate
terms
elaborate
sexually
explicit
metaphor
schools
violate
first
amendment
every
time
restrict
student
speech
certain
categories
view
school
policy
student
body
president
solemnize
graduation
ceremony
giving
favorable
introduction
guest
speaker
facially
unconstitutional
solemnization
invites
encourages
prayer
policy
content
limitations
prohibit
student
body
president
giving
solemn
yet
message
like
commentary
foreign
policy
see
ante
policy
issue
may
applied
unconstitutional
manner
time
enough
invalidate
found
case
reverse
judgment
appeals
footnotes
decision
fifth
circuit
appeals
noted
many
district
officials
apparently
neither
agreed
particularly
respected
month
complaint
filed
district
entered
order
provided
part
ny
attempt
part
district
school
administration
officials
counsellors
teachers
employees
servants
school
district
parents
students
anyone
else
overtly
covertly
ferret
identities
plaintiffs
cause
means
bogus
petitions
questionnaires
individual
interrogation
downright
snooping
cease
immediately
anyone
taking
action
school
property
school
hours
school
resources
approval
purposes
attempting
elicit
names
identities
plaintiffs
cause
action
behalf
individuals
face
harshest
possible
contempt
sanctions
may
additionally
face
criminal
liability
wants
proceedings
addressed
merits
basis
intimidation
harassment
participants
either
side
app
graduation
ceremony
senior
class
president
delivered
invocation
please
bow
heads
dear
heavenly
father
thank
allowing
us
gather
safely
tonight
thank
wonderful
year
allowed
us
spend
together
students
santa
fe
thank
teachers
devoted
many
hours
us
thank
lord
parents
may
one
receive
special
blessing
pray
also
blessing
guidance
student
moves
forward
future
lord
bless
ceremony
give
us
safe
journey
home
jesus
name
pray
example
prohibited
school
officials
endorsing
participating
baccalaureate
ceremony
sponsored
santa
fe
ministerial
alliance
ordered
district
establish
policies
deal
manifest
first
amendment
infractions
teachers
counsellors
district
school
officials
personnel
ridiculing
berating
holding
inappropriate
scrutiny
examination
beliefs
individual
students
similarly
school
district
establish
clarify
existing
procedures
excluding
overt
covert
sectarian
proselytizing
religious
teaching
use
blatantly
denominational
religious
terms
spelling
lessons
denominational
religious
songs
poems
english
choir
classes
denominational
religious
stories
parables
grammar
lessons
like
time
allowing
frank
open
discussion
moral
religious
societal
views
beliefs
student
giving
invocation
thanked
lord
keeping
class
safe
years
school
gracing
lives
two
special
people
closed
lord
ask
keep
hand
upon
us
ceremony
help
us
keep
hearts
rest
lives
god
name
pray
amen
student
benediction
similar
content
closed
lord
ask
protection
depart
next
destination
watch
us
go
separate
ways
grant
us
safe
trip
keep
us
secure
throughout
night
name
pray
amen
despite
changes
school
conduct
another
election
october
policy
supersede
results
august
policy
election
provides
student
activities
ceremonies
football
games
board
chosen
permit
students
deliver
brief
invocation
message
delivered
ceremonies
home
varsity
football
games
solemnize
event
promote
good
sportsmanship
student
safety
establish
appropriate
environment
competition
upon
advice
direction
high
school
principal
spring
high
school
student
council
shall
conduct
election
high
school
student
body
secret
ballot
determine
whether
statement
invocation
part
ceremonies
shall
elect
student
list
student
volunteers
deliver
statement
invocation
student
volunteer
selected
classmates
may
decide
message
invocation
deliver
consistent
goals
purposes
policy
district
enjoined
order
enforcement
policy
following
policy
automatically
become
applicable
policy
school
district
board
chosen
permit
students
deliver
brief
invocation
message
delivered
ceremonies
home
varsity
football
games
solemnize
event
promote
good
sportsmanship
student
safety
establish
appropriate
environment
competition
upon
advice
direction
high
school
principal
spring
high
school
student
council
shall
conduct
election
high
school
student
body
secret
ballot
determine
whether
message
invocation
part
ceremonies
shall
elect
student
list
student
volunteers
deliver
statement
invocation
student
volunteer
selected
classmates
may
decide
statement
invocation
deliver
consistent
goals
purposes
policy
message
invocation
delivered
student
must
nonsectarian
nonproselytizing
graduation
prayers
issue
instant
case
contrast
infused
explicit
references
jesus
christ
otherwise
appeal
distinctively
christian
beliefs
accordingly
finds
use
prayers
graduation
ceremonies
considered
light
overall
manner
delivered
violated
establishment
clause
app
pet
cert
dissent
overlooks
case
incorrectly
assumes
policy
football
games
permissible
fifth
circuit
see
post
fact
several
secular
reasons
allowing
brief
serious
message
football
games
district
listed
policy
sporting
events
messages
invocations
promote
among
things
honest
fair
play
clean
competition
individual
challenge
one
best
importance
team
work
many
goals
majority
conceive
pause
relinquished
editorial
control
district
created
limited
public
forum
students
give
brief
statements
prayers
concerning
value
goals
methods
achieving
majority
fails
realize
issue
facial
challenge
school
policy
neutral
accommodation
private
religious
speech
allows
students
selected
students
express
personal
viewpoints
state
involved
school
board
neither
scripted
supervised
endorsed
suggested
edited
personal
viewpoints
yet
majority
imposes
judicial
curse
upon
sectarian
religious
speech
see
brief
petitioner
citing
rosenberger
limited
public
forum
widmar
vincent
limited
public
forum
capitol
square
review
advisory
bd
pinette
traditional
public
forum
lamb
chapel
center
moriches
union
free
school
limited
public
forum
although
district
relies
public
forum
cases
actually
argue
pregame
ceremony
constitutes
forum
conclusion
district
created
public
forum
help
shed
light
whether
resulting
speech
public
private
also
note
never
held
mere
creation
public
forum
shields
government
entity
scrutiny
estalishment
clause
see
pinette
concurring
part
concurring
judgment
see
necessity
carve
exception
endorsement
test
public
forum
context
school
internal
mail
system
perry
open
various
private
organizations
ocal
parochial
schools
church
groups
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cub
scout
units
instead
choice
invocation
pregame
message
first
election
determined
whether
political
speech
made
second
election
determined
whether
speaker
democrat
republican
rather
clear
public
address
system
used
deliver
partisan
message
reflecting
viewpoint
majority
rather
random
statement
private
individual
fact
district
policy
provides
election
speaker
majority
voted
message
identifies
obvious
distinction
case
typical
election
student
body
president
even
newly
elected
prom
king
queen
post
brief
petitioner
quoting
board
ed
westside
community
schools
dist
mergens
plurality
opinion
tr
oral
arg
chief
justice
hypothetical
student
body
president
asked
school
introduce
guest
speaker
biography
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see
post
dissenting
opinion
obviously
pose
problems
establishment
clause
see
webster
third
new
international
dictionary
defining
invocation
prayer
entreaty
usu
ally
call
divine
presence
offered
beginning
meeting
service
worship
see
supra
even
plain
language
october
policy
facially
neutral
establishment
clause
forbids
state
hide
behind
application
formally
neutral
criteria
remain
studiously
oblivious
effects
actions
capitol
square
review
advisory
bd
pinette
making
point
free
exercise
context
think
government
position
interest
suffices
force
students
choose
compliance
forfeiture
demonstrates
fundamental
inconsistency
argumentation
fails
acknowledge
many
deborah
classmates
parents
spiritual
imperative
daniel
deborah
weisman
religious
conformance
compelled
state
societies
wishes
majority
might
prevail
establishment
clause
first
amendment
addressed
contingency
rejects
balance
urged
upon
us
constitution
forbids
state
exact
religious
conformity
student
price
attending
high
school
graduation
calculus
constitution
commands
lee
chief
justice
accuses
us
essentially
invalidat
ing
student
elections
see
post
obvious
hyperbole
concluded
resulting
religious
message
policy
attributable
school
student
see
supra
reason
hold
district
decision
allow
student
majority
control
whether
students
minority
views
subjected
prayer
violates
establishment
clause
chief
justice
contends
misconstrue
nature
policy
election
prayer
religion
see
post
therefore
reiterate
district
stipulated
facts
recent
election
held
determine
whether
student
deliver
prayer
varsity
football
games
students
chose
allow
student
say
prayer
football
games
second
election
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determine
student
deliver
prayer
app
emphases
added
furthermore
policy
titled
prayer
football
games
emphasis
added
although
district
since
eliminated
word
prayer
policy
apparently
viewed
change
sufficiently
minor
make
holding
new
election
unnecessary
footnotes
rightly
points
facial
challenges
establishment
clause
context
looked
lemon
three
factors
guid
general
nature
inquiry
ante
internal
quotation
marks
omitted
citing
bowen
kendrick
bowen
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guide
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federal
grant
program
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face
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practice
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applications
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mere
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recent
election
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ante
course
recent
election
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previous
policy
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required
elected
student
speaker
give
pregame
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app
election
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issue
expressly
allows
student
speaker
give
message
opposed
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reliance
language
regarding
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referendum
board
regents
univ
system
southworth
support
conclusion
respect
election
process
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case
primarily
concerned
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speech
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record
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southworth
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fact
southworth
demonstrates
impropriety
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decision
respect
election
process
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record
operation
remanded
part
determination
referendum
functions
see
slip
also
determines
use
term
invocation
policy
express
endorsement
type
message
others
see
ante
less
cynical
view
policy
text
permits
many
types
messages
including
invocations
policy
tolerates
religion
mean
improperly
endorses
indeed
majority
reluctantly
admits
free
exercise
clause
mandates
tolerance
see
ante
othing
constitution
interpreted
prohibits
public
school
student
voluntarily
praying
time
schoolday
see
also
lynch
donnelly
constitution
require
complete
separation
church
state
affirmatively
mandates
accommodation
merely
tolerance
religions
forbids
hostility
toward
wallace
jaffree
distinguishable
grounds
struck
alabama
statute
added
express
reference
prayer
existing
statute
providing
moment
silence
meditation
school
district
added
secular
alternative
policy
originally
provided
prayer
importantly
wallace
unrebutted
evidence
pointed
wholly
religious
purpose
alabama
conceded
courts
purpose
statute
make
prayer
part
daily
classroom
activity
concurring
judgment
evidence
concession