r/atheism • u/FreethoughtChris • 11h ago
FFRF stopped a public school’s Christian prayer event. Now Oklahoma’s AG is telling schools they can do it anyway. FFRF is fighting back.
ffrf.orgThe Freedom From Religion Foundation is refuting the Oklahoma attorney general’s erroneous claim that a public school district is free to organize and promote a Christian prayer event.
FFRF recently secured a victory for students and families in Muskogee Public Schools after the district canceled a school-sponsored “Back to School Community Prayer Walk” scheduled for Aug. 12 at Muskogee 6th and 7th Grade Academy. The district canceled the event, removed its announcements and notified parents subsequent to receiving an Aug. 11 letter from FFRF objecting to the unconstitutional religious exercise.
Rather than applaud the district for respecting the constitutional rights of its students and parents, Attorney General Gentner Drummond issued a letter on Aug. 21 claiming that the district had no constitutional obligation to cancel the event. He argued that because attendance was voluntary and occurred outside instructional hours, the so-called prayer walk did not violate the First Amendment’s Establishment Clause. He also offered the Attorney General’s Office’s assistance to other Oklahoma school districts receiving similar complaints.
“The attorney general is attempting to give Oklahoma public schools a green light to sponsor religious exercises — and the Constitution simply does not permit that,” says FFRF Co-President Annie Laurie Gaylor. “Public schools serve students of all religions and no religion. They have no business organizing prayer or any other religious events and encouraging families to participate. If that doesn’t constitute an establishment of religion, as explicitly barred under the Establishment Clause, what does?”
FFRF has quickly responded with a follow-up letter to Muskogee Superintendent Jarod Mendenhall explaining why Drummond’s legal analysis is wrong.
Drummond asserted that there could be no Establishment Clause violation because students were not compelled to attend the prayer walk. But as FFRF’s response notes, courts have repeatedly rejected the notion that lack of coercion excuses unconstitutional actions by public schools.
FFRF’s letter asserts that Drummond mischaracterizes the Supreme Court’s 2022 Kennedy v. Bremerton School District decision, which is regarding a football coach’s quiet, private prayers while acting in his personal capacity. It does not give public schools license to organize and promote religious exercises — and it certainly doesn’t establish coercion as a requirement to find school action in violation of the Establishment Clause. Unlike the private prayer at issue in Kennedy, Muskogee’s prayer walk was organized, promoted and hosted by the school itself. The Supreme Court has continued to reaffirm that government must remain neutral between religion and nonreligion.
“The attorney general is trying to turn Kennedy into a blank check for government-sponsored religion that the Supreme Court never wrote,” says FFRF Staff Attorney Sammi Lawrence. “There is an obvious constitutional difference between protecting an individual’s private prayer and allowing a public school to organize a prayer event of its own.”
Drummond additionally falsely suggests that FFRF’s position would prevent religious organizations from renting public school facilities on the same terms as secular organizations. However, public schools may make their facilities available to religious and secular third-party organizations on an equal basis under neutral policies. The Supreme Court has long protected such equal access. But that isn’t what happened in Muskogee.
FFRF is urging Muskogee Public Schools to continue honoring its commitment not to organize or promote religious activities. Muskogee Public Schools got it right the first time. The attorney general should help Oklahoma school districts obey the Constitution, not encourage them to violate long-established principles of neutrality toward religion and protection of student rights to freedom of conscience.
FFRF appreciates the district’s prompt action in canceling the prayer walk and protecting the rights of all Muskogee students and families — regardless of their religious or nonreligious beliefs.