Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, April 1, 1995 TAG: 9504030045
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: JOEL TURNER STAFF WRITER
DATELINE: LENGTH: Medium
Student speakers at high school graduation ceremonies in Virginia would be allowed to have prayers in their speeches as long as they make the choice on their own, under proposed guidelines for religious activities in the state's schools.
School personnel may not censure students who choose on their own initiative to include religious themes or references, including prayer, in their graduation addresses, according to guidelines drafted by the state Department of Education and Attorney General Jim Gilmore.
But the American Civil Liberties Union says the guidelines appear to overstate the right of individual students to offer graduation prayers and fail to point out restrictions.
Kent Willis, executive director of the ACLU chapter in Virginia, said students can offer prayers only in speeches in which they have freedom to say whatever they wish - and their remarks are not reviewed or edited by school officials.
"Traditionally, schools have not given that latitude to students," Willis said.
The U.S. Supreme Court has outlawed school-sponsored prayer at graduations and ruled that it is unconstitutional for school officials to arrange for prayers at graduation.
Several lower federal courts also have ruled that student-led prayers, which may be delivered as a result of a majority vote by the senior class, violate the separation of church and state.
In Virginia, a federal court has prohibited Loudoun County schools from permitting students to initiate and lead prayers at graduation.
Some school systems allow students to vote on whether there will be graduation prayers. Some federal courts have ruled, however, that when school officials "delegate" a decision on prayer to a vote of the senior class, it is still a school action.
The Supreme Court has never ruled on the student-vote issue, but it is expected to do so soon in a case from Idaho.
Meanwhile, Virginia's proposed guidelines say that student speakers, such as the senior class president, valedictorian and salutatorian, can initiate their own prayers.
The guidelines, which are designed to provide technical assistance for school systems but are not mandatory, advise school officials to neither encourage nor discourage student speakers from offering prayer.
They read in part:
"School officials are probably entitled to review a student speaker's prepared remarks to insure that they are germane to the event of graduation.
"If no prayer is found, the school officials should not ask the speaker to include one; if one is found, school officials should not require the speaker to excise it."
But Willis said if the school reviews and controls the content of the speech, the student does not have an absolute right to free speech or to offer a prayer. If school officials edit the speech, he said, they would approve what it said and would be endorsing a prayer if one were included.
"Either you give total freedom to the student, or you are in danger of endorsing [religion]," Willis said. "That section needs to be rewritten."
Except for the advice on graduation prayer, Willis said, the guidelines are generally thoughtful and accurate on the current state of law on the separation of church and state.
The Department of Education will hold a public hearing on the guidelines April 11 at 7 p.m. at Patrick Henry High School in Roanoke.
Guidelines on other issues include:
Schools should have the same access rules and regulations for religious clubs as for other student groups.
During free time, students can read religious literature of their own choosing and discuss religious issues with other students.
Religious symbols or religious texts, such as the Ten Commandments, may not be posted in schools.
Students may wear clothes with religious messages if a school does not have a content-neutral dress code.
Schools may not retaliate against any student or teacher because of his or her association with a religious organization.
by CNB