Santa Fe Independent School Dist. v. Doe
Encyclopedia
Santa Fe Independent School Dist. v. Doe, 530 U.S. 290
(2000), was a case heard before the United States Supreme Court
. It ruled that a policy permitting student-led, student-initiated prayer at high school football games violates the Establishment Clause
of the First Amendment
. Oral argument
s were heard March 29, 2000. The court announced its decision on June 19, holding the policy unconstitutional in a 6-3 decision. School prayer
is a controversial topic in American jurisprudence.
(SFISD), a school district
in Texas
between the cities of Houston and Galveston, allowed students to offer Christian prayers
over the public address system at home football games. These prayers were given by an elected student chaplain
.
Two sets of current or former students and their respective mothers—one Mormon, the other Catholic
—objected to this practice and filed a suit on the basis of a violation of the Establishment Clause. Judge Samuel B. Kent
of the United States District Court for the Southern District of Texas
allowed the plaintiffs to remain anonymous to protect them from harassment. They are referred to as the Does.
During the litigation, the school changed its policy: they would hold two elections under students, the first deciding if "invocations" should be held during football games and the second to elect the student to deliver them. The students elected in favor of prayer; therefore, they were given this right.
The district court allowed this policy, though it required that they be nonsectarian
and non-proselytizing
. The judge's main authority was Jones v. Clear Creek ISD (Clear Creek ISD being another Houston-area school district), which allows certain school prayers. The district court's final judgment was in December 1996.
. The SFISD appealed because it claimed the words 'nonsectarian and non-proselytizing' should not be necessary. The Does wanted the football prayers found unconstitutional altogether.
In a 2-1 decision, Jacques L. Wiener, Jr.
, and Carl E. Stewart
, ruling for the court, decided that "the words 'nonsectarian, nonproselytizing' are constitutionally necessary components" of a policy governing prayer. Moreover it also decided that these student-led prayers were only acceptable at graduation, not during football games. The majority opinion was written by Wiener.
E. Grady Jolly
dissented, objecting that now "the majority expressly exerts control over the content of its citizens' prayers."
The Supreme Court granted certiorari
, limited to the following question: "Whether petitioner's policy permitting student-led, student-initiated prayer at football games violates the Establishment Clause."
depended on Lee v. Weisman
. It held that these pre-game prayers delivered "on school property, at school-sponsored events, over the school's public address system, by a speaker representing the student body, under the supervision of school faculty, and pursuant to a school policy that explicitly and implicitly encourages public prayer" are not private, but public speech. "Regardless of the listener's support for, or objection to, the message, an objective Santa Fe High School student will unquestionably perceive the inevitable pregame prayer as stamped with her school's seal of approval."
A dissenting opinion was written by Chief Justice Rehnquist
, joined by Justices Scalia
and Thomas
. His dissent asserted that the majority opinion "bristles with hostility to all things religious in public life". His material objections were, first that the policy on which the Court has now ruled had not yet put in to practice. "[T]he question is not whether the district's policy may be applied in violation of the Establishment Clause, but whether it inevitably will be." Second, Rehnquist also stated that the speech in question would be private, chosen and delivered by the speaker, rather than public, school-sponsored speech.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2000), was a case heard before the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. It ruled that a policy permitting student-led, student-initiated prayer at high school football games violates the Establishment Clause
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. Oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
s were heard March 29, 2000. The court announced its decision on June 19, holding the policy unconstitutional in a 6-3 decision. School prayer
School prayer
School prayer in its common usage refers to state-approved prayer by students in state schools. Depending on the country and the type of school, organized prayer may be required, permitted, or prohibited...
is a controversial topic in American jurisprudence.
Background of the case
The Santa Fe Independent School DistrictSanta Fe Independent School District
Santa Fe Independent School District is a public school district based in Santa Fe, Texas . In addition to Santa Fe, the district serves parts of League City, La Marque, Hitchcock, and Dickinson....
(SFISD), a school district
School district
School districts are a form of special-purpose district which serves to operate the local public primary and secondary schools.-United States:...
in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
between the cities of Houston and Galveston, allowed students to offer Christian prayers
Prayer in Christianity
Prayer has been an essential part of Christianity since its earliest days. Prayer is an integral element of the Christian faith and permeates all forms of Christian worship...
over the public address system at home football games. These prayers were given by an elected student chaplain
Chaplain
Traditionally, a chaplain is a minister in a specialized setting such as a priest, pastor, rabbi, or imam or lay representative of a religion attached to a secular institution such as a hospital, prison, military unit, police department, university, or private chapel...
.
Two sets of current or former students and their respective mothers—one Mormon, the other Catholic
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
—objected to this practice and filed a suit on the basis of a violation of the Establishment Clause. Judge Samuel B. Kent
Samuel B. Kent
Samuel B. Kent was a U.S District Court judge for the U.S. District Court for the Southern District of Texas, in the single-judge Galveston Division covering Brazoria, Chambers, Galveston, and Matagorda Counties. He was nominated by President George H.W...
of the United States District Court for the Southern District of Texas
United States District Court for the Southern District of Texas
The United States District Court for the Southern District of Texas is the Federal district court with jurisdiction over the southern part of Texas...
allowed the plaintiffs to remain anonymous to protect them from harassment. They are referred to as the Does.
During the litigation, the school changed its policy: they would hold two elections under students, the first deciding if "invocations" should be held during football games and the second to elect the student to deliver them. The students elected in favor of prayer; therefore, they were given this right.
The district court allowed this policy, though it required that they be nonsectarian
Nonsectarian
Nonsectarian, in its most literal sense, refers to a lack of sectarianism. The term is also more narrowly used to describe secular private educational institutions or other organizations either not affiliated with or not restricted to a particular religious denomination though the organization...
and non-proselytizing
Proselytism
Proselytizing is the act of attempting to convert people to another opinion and, particularly, another religion. The word proselytize is derived ultimately from the Greek language prefix προσ- and the verb ἔρχομαι in the form of προσήλυτος...
. The judge's main authority was Jones v. Clear Creek ISD (Clear Creek ISD being another Houston-area school district), which allows certain school prayers. The district court's final judgment was in December 1996.
Fifth Circuit decision
Both the SFISD and the Does appealed to the United States Court of Appeals for the Fifth CircuitUnited States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
. The SFISD appealed because it claimed the words 'nonsectarian and non-proselytizing' should not be necessary. The Does wanted the football prayers found unconstitutional altogether.
In a 2-1 decision, Jacques L. Wiener, Jr.
Jacques L. Wiener, Jr.
Jacques Loeb Wiener, Jr. is a judge of the United States Court of Appeals for the Fifth Circuit. His chambers are in New Orleans, Louisiana....
, and Carl E. Stewart
Carl E. Stewart
Carl E. Stewart is a judge of the United States Court of Appeals for the Fifth Circuit. Appointed by Bill Clinton in 1994, Stewart previously sat on Louisiana's Second Court of Appeal, and served as an accomplished judge, attorney, prosecutor, and professor...
, ruling for the court, decided that "the words 'nonsectarian, nonproselytizing' are constitutionally necessary components" of a policy governing prayer. Moreover it also decided that these student-led prayers were only acceptable at graduation, not during football games. The majority opinion was written by Wiener.
E. Grady Jolly
E. Grady Jolly
E. Grady Jolly is a judge of the United States Court of Appeals for the Fifth Circuit. His chambers are in Jackson, Mississippi....
dissented, objecting that now "the majority expressly exerts control over the content of its citizens' prayers."
The Supreme Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, limited to the following question: "Whether petitioner's policy permitting student-led, student-initiated prayer at football games violates the Establishment Clause."
The court's decision
The Court held that the policy allowing the student led prayer at the football games was unconstitutional. The majority opinion, written by Justice StevensJohn Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
depended on Lee v. Weisman
Lee v. Weisman
Lee v. Weisman, 505 U.S. 577 , was a United States Supreme Court decision regarding school prayer. It was the first major school prayer case decided by the Rehnquist Court. It involved prayers led by religious authority figures at public school graduation ceremonies...
. It held that these pre-game prayers delivered "on school property, at school-sponsored events, over the school's public address system, by a speaker representing the student body, under the supervision of school faculty, and pursuant to a school policy that explicitly and implicitly encourages public prayer" are not private, but public speech. "Regardless of the listener's support for, or objection to, the message, an objective Santa Fe High School student will unquestionably perceive the inevitable pregame prayer as stamped with her school's seal of approval."
A dissenting opinion was written by Chief Justice Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
, joined by Justices Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
and Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
. His dissent asserted that the majority opinion "bristles with hostility to all things religious in public life". His material objections were, first that the policy on which the Court has now ruled had not yet put in to practice. "[T]he question is not whether the district's policy may be applied in violation of the Establishment Clause, but whether it inevitably will be." Second, Rehnquist also stated that the speech in question would be private, chosen and delivered by the speaker, rather than public, school-sponsored speech.
See also
- List of United States Supreme Court cases, volume 530
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume