A federal judge in Delaware ruled Monday that it is constitutional for the Indian River School Board to open its meetings with Christian prayers, a ruling that could broaden what’s allowed at school board meetings throughout the state.
In a 57-page opinion dated Sunday but not made public until late Monday, District Judge Joseph J. Farnan Jr. threw out a lawsuit brought by “Jane and John Doe” against the Sussex County school district that charged the board’s practice violated the constitutional separation of church and state.
Farnan found that the elected school board is closer to a legislative body than a school, and therefore a prayer is permissible.
“Although reasonable people can differ as to whether the board’s policy is wise, could be more inclusive or is actually necessary to solemnize board meetings, ‘too much judicial fine-tuning of legislative prayer policies risks unwarranted interference in [a legislative body],’ ” Farnan wrote.
The judge concluded that the Indian River School Board did not use its prayer policy “to proselytize or advance religion,” so he believed that the court “may not demand anything further” of the board.
Attorney Thomas J. Allingham II, who represents the Doe plaintiffs, said his clients were disappointed by this long-awaited ruling. “But we fully expect to appeal the decision to the U.S. 3rd Circuit Court of Appeals, and we continue to believe in the merits of our challenges to the board’s prayer practices.”
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