A federal appeals court has lifted the order banning public prayer at a Texas high school graduation Saturday. The reversal comes on the heels of increasing criticism of a federal judge’s earlier ruling that agreed with the parents of one graduating student that religious expression during the ceremony at Medina Valley Independent School District would cause “irreparable harm” to their son.
The 5th U.S. Circuit Court of Appeals thought differently, reversing the judge’s ruling Friday and allowing students to say the word “amen” and invite the audience to pray during the ceremony.
“This is a complete victory for religious freedom and for Angela,” said Kelly Shackelford, president/CEO of Liberty Institute, which had represented class valedictorian Angela Hildenbrand in the appeal. “We are thrilled that she will be able to give her prayer without censorship in her valedictorian speech tomorrow night. No citizen has the right to ask the government to bind and gag the free speech of another citizen.”
Chief U.S. District Judge Fred Biery’s initial ban had been denounced as an “activist decision” by U.S. Sen. John Cornyn, R-Texas, who called it “exactly the wrong civics lesson to teach to the class of 2011.”
Original Story follows
A federal judge has ordered a Texas school district to prohibit public prayer at a high school graduation ceremony…. The judge did grant students permission to make the sign of the cross, wear religious garb or kneel to face Mecca. But that’s not good enough for some students at the high school.
Chief U.S. District Judge Fred Biery’s order against the Medina Valley Independent School District also forbids students from using specific religious words including “prayer” and “amen.”
The ruling was in response to a lawsuit filed by Christa and Danny Schultz. Their son is among those scheduled to participate in Saturday’s graduation ceremony. The judge declared that the Schultz family and their son would “suffer irreparable harm” if anyone prayed at the ceremony.
Texas Attorney General Greg Abbott said the school district is in the process of appealing the ruling, and his office has agreed to file a brief in their support.
“Part of this goes to the very heart of the unraveling of moral values in this country,” Texas Attorney General Greg Abbott told Fox News Radio, saying the judge wanted to turn school administrators into “speech police.”
“I’ve never seen such a restriction on speech issued by a court or the government,” Abbott told Fox News Radio. “It seems like a trampling of the First Amendment rather than protecting the First Amendment.”
Judge Biery’s ruling banned students and other speakers from using religious language in their speeches. Among the banned words or phrases are: “join in prayer,” “bow their heads,” “amen,” and “prayer.”
He also ordered the school district to remove the terms “invocation” and “benediction” from the graduation program.
“These terms shall be replaced with ‘opening remarks’ and ‘closing remarks,’” the judge’s order stated. His ruling also prohibits anyone from saying, “in [a deity’s name] we pray.”
Should a student violate the order, school district officials could find themselves in legal trouble. Judge Biery ordered that his ruling be “enforced by incarceration or other sanctions for contempt of Court if not obeyed by District official (sic) and their agents.”
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