Jail Time For Prayer

Jail Time For Prayer

At least, that's the short (too short) version of what happened. The jail time is actually for defying a court order. But some court orders are so obviously unconstitutional that they deserve to be defied. From the August 14, 2009 Washington Times:

An ACLU official said the school district has allowed "flagrant" violations of the First Amendment for years.

"The defendants all admitted wrongdoing," said Daniel Mach, director of litigation for its freedom of religion program. "For example, the Pace High School teachers handbook asks teachers to 'embrace every opportunity to inculcate, by precept and example, the practice of every Christian virtue.' "

The fight involving the ACLU, the school district and several devout Christian employees began last August when the ACLU sued Santa Rosa County Schools on behalf of two students who had complained privately to the group's Florida affiliate, claiming some teachers and administrators were allowing prayers at school events such as graduations, orchestrating separate religiously themed graduation services, and "proselytizing" students during class and after school.

In January, the Santa Rosa County School District settled out of court with the ACLU, agreeing to several things, including a provision to bar all school employees from promoting or sponsoring prayers during school-sponsored events; holding school events at church venues when a secular alternative was available; or promoting their religious beliefs or attempting to convert students in class or during school-sponsored events.

Mr. Staver said the district also agreed to forbid senior class President Mary Allen from speaking at the school's May 30 graduation ceremony on the chance that the young woman, a known Christian, might say something religious.

"She was the first student body president in 33 years not allowed to speak," he said.

There was a time when the ACLU would have challenged prior restraint on speech. But I guess only if it involves dancing naked with chocolate sauce on your body. The specific circumstances of the prayers that got these people in legal trouble seem especially strong evidence that the ACLU is (again) in the wrong:

The criminal charges, which carry up to a $5,000 fine and a six-month jail term, originated with a Jan. 28 incident in which Mr. Lay, a deacon at a local Baptist church, asked Mr. Freeman to offer mealtime prayers at a lunch for school employees and booster-club members who had helped with a school field-house project.

Mr. Staver said no students were present at the event, which was held on school property but after school hours.

"He wasn't thinking he was violating an order," he said. "Neither did the athletic director. He was asked to pray and so he did."

Mr. Mach said the event was during the school day and that Mr. Lay, the school's principal, has said in writing that students were present.

Even if there were students present, this was lunch. (January 28 was during the week.) No student was required to be present. Certainly, if an imam had come in to pray, the ACLU wouldn't have been upset.