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Committee declines to rescind prayer policy after legal review
Summary
After a legal review of case law, the committee voted not to recommend rescinding policy 8344.3 (opening meetings with prayer), with the district attorney characterizing the policy's wording as not constitutionally violative in its current form.
At the March 24 meeting, the Policy & Governance Committee considered whether to rescind policy 8344.3 (opening meetings with a prayer). Attorney Horn reviewed relevant case law and prior correspondence responding to the American United for Separation of Church and State, and advised the committee that the phrasing used in the district's provision did not, in his assessment, compel participation or violate the Constitution.
"The wording that's actually used... is not in any way compelling participation or serving... in any kind of religious way," Attorney Horn told the committee, adding that there may be other reasons a board might choose rescission but, from a constitutional standpoint, the language was defensible.
Committee members debated but ultimately took a roll call vote; the committee did not recommend rescinding policy 8344.3. Members said they would consider other reasons to change the policy but recorded they would not move forward with rescission at this time.
The committee then proceeded to remaining agenda items.
