Tips for a Constitution-Friendly Graduation

By Dotty Griffith Public Education Director Graduation season is upon us. For many students and their families, this is a happy time. But it may also be a time when school administrators teach their students a fundamentally un-American lesson - that it’s okay for the state to favor one religion over others. Unfortunately, these administrators forget that, while the Founders left many issues up to majority rule, they viewed some rights as so fundamental that they should never be put to a vote. They created the Bill of Rights to protect those fundamental rights, including religious freedom. The First Amendment prohibits the state from endorsing or advancing religion and from interfering with any individual’s free exercise of religion. At the ACLU of Texas, two of the most common complaints we receive during graduation season are that the graduation ceremony will feature prayer or that it is being held in a religious venue. While the specific facts of each case are vital to determining whether the school has violated the First Amendment, here is some general information about what is and is not permissible (this is not legal advice). Prayer at graduation:

• Your school cannot sponsor or endorse prayer at graduation. Even a non-sectarian prayer is unconstitutional, because government entities like public schools cannot decide what sort of prayer people should hear. Additionally, courts have held that school-sponsored prayer is coercive, as many students feel pressured to participate even if they do not want to. The First Amendment prohibits the government from compelling a religious exercise.
• Individual students, however, may choose to pray, or talk about their religious faith, in a graduation or similar speech. This is because the First Amendment guarantees their right to freely exercise religion. Such prayer is constitutional only if the school is absolutely clear that it does not sponsor or endorse the religious speech. Therefore, at a minimum, school administrators cannot encourage students to pray; they cannot dictate, suggest, or edit what a student is going to say; and they must include a disclaimer on the event program indicating that they do not sponsor student religious speech.
• And of course, any student may pray privately, to him or herself, at anytime, at graduation or anywhere else, as long as she or he is not disrupting other students.

Graduation in Church:

• Schools are not prohibited from using a religious venue for a school event like graduation. However, the decision to use a religious venue must not advance or endorse religion. At a minimum, this means that schools should always try to hold graduation in a non-religious venue. A church should not be used unless it is the only viable location.
• If a religious setting must be used, it should be as welcoming to all beliefs and non-belief as possible. For example, if the church being used has many conspicuous, sectarian icons and symbols—such as crosses, crucifixes, menorahs, and the like—the decision to use that setting may advance the particular religion.

Think your rights have been violated? Tell us your story. Together, we can help ensure that all Texas students graduate in a Constitution-friendly way!