Schools uncertain what SCOTUS prayer ruling means for games

Jul. 11—Jackson County school officials are looking for guidance on how to respond to the hot-button issue of public prayer, since they already wrote religion-related policies based in part on a lower court ruling that the United States Supreme Court threw out last week.

The conundrum for local school districts came after the high court ruled 6-3 on June 27 that Bremerton (Washington) High School coach Joseph Kennedy's prayers at the 50-yard-line after games are protected under the U.S. Constitution.

The justices in the minority believed Kennedy's prayers had a coercive effect on students and allowed him to incorporate his "personal religious beliefs into a school event."

But the justices in the majority emphasized that the coach's prayers came after the games were over and at a time when he wasn't responsible for students and was free to do other things.

An online search of Rogue Valley school district policies show Medford, Phoenix-Talent, Central Point, Prospect, Eagle Point and Rogue River all cite a 2017 ruling in the Bremerton case from the Western District of Washington, which went against the coach.

Ashland School District does not cite the lower court's ruling, and a search of Butte Falls Charter School's policies doesn't show any pertaining to religion or prayer.

Officials from multiple school districts the newspaper contacted declined to share their thoughts on the SCOTUS ruling or what it could mean for their constituents.

Instead, they say they're giving the court's view a closer look while waiting for what the Oregon School Boards Association has to say about it. The organization provides assistance on policy for school board members throughout the state and co-administrates property and liability insurance, which help protect K-12 institutions from lawsuits.

In the case of policy, OSBA has worked up "samples" that districts can use to inform their own policies. That is true for religion, which is governed by two sample policies.

"These sample policies are constantly being updated, and we expect to update the policy relevant to this recent Supreme Court decision in the next few weeks," Alex Pulaski, communications director for OSBA, wrote in an email. "We are not expecting to make substantive wording changes as a result of this ruling."

The first sample policy states "teachers shall be permitted to teach or present to students information concerning religions and religious beliefs, but teachers shall not promote or inhibit, openly or covertly or by subtlety, a particular religion, religious belief or nonreligious belief."

The second sample policy covers school district conduct regarding observing religious holidays, "traditional observances," such as baccalaureate and memorial services, as well as how instructors should teach religion in the curriculum.

Neither policy mentions athletic events — something Pulaski addressed when asked about it by the Mail Tribune.

"Our policy language tends to be broad enough to encompass a wide array of possible scenarios," he wrote in an email. "(It is) not about little changes we make to language, but that real-life situations can have so many variables that the resulting legal analysis would need to shift accordingly."

Pulaski emphasized that OSBA is a nonprofit, not a regulatory agency, and is not in the business of providing specific descriptions of how schools should respond to particular situations.

"We typically don't do that because the scenarios always vary. Schools know that they can call our attorneys and policy people to get advice that pertains to individual situations that arise. We can therefore tailor our advice to that scenario," Pulaski said.

The Oregon School Activities Association — which administers playoff games, but has some oversight on rules and other matters during the regular season — is aware of the SCOTUS prayer ruling, said Peter Weber, executive director of the OSAA.

A review of the organization's policies makes little mention of religion or issues surrounding it. The OSAA handbook for the 2021-22 school year prohibits religious discrimination, consistent with state and federal law, but that's the only context by which the term appears in that document. Prayer, however, is addressed, with the handbook saying such demonstration over a public address system before any post-season games is not allowed.

Regardless of what is on OSAA's books regarding religion and prayer now, Weber said the Bremerton ruling is enough to force a review.

"We're definitely going to need to review our policies and see which ones might need to be adjusted," said Weber, noting his organization has been in touch with its legal counsel and the Oregon Department of Education. "We'll be doing that (review) over the summer. We want to try to get information to schools prior to activities starting back up."

A spokesman for ODE said the agency is not offering guidance on the Bremerton case.

"ODE recently let OSAA know the department is advising school districts to seek independent legal counsel based on the specific circumstances of their situation," wrote Peter Rudy, ODE public affairs specialist. "The ruling in this case is narrow and may not apply broadly to all situations with school employees. In addition, Oregon may have other laws regarding separation of church and state in school settings that may apply in some situations."

While it remains to be seen what school district policies might look like after the Bremerton ruling, Cathy Maeda, parent of a student attending the Eagle Point School District, knows where she stands on the issue of prayer in a school athletics setting.

"I think praying is for church," she wrote in a Facebook message to the newspaper. "Now, if it's an all-Christian team and everyone is game, then go for it."

Prayer before games — whether home or away — is common among players and coaches with Cascade Christian High School. A representative with the school did not immediately return the newspaper's request for comment.

Regardless of whether the setting for prayer is a school sporting event, Maeda said she is not OK with the notion of her child praying in school.

"Praying isn't for everyone. It's not a public school thing," she wrote.

Reach reporter Kevin Opsahl at 541-776-4476 or kopsahl@rosebudmedia.com. Follow him on Twitter @KevJourno.