108 F. Supp. 3d 355
D.S.C.2015Background
- Plaintiffs (Jill Doe, her parents, and American Humanist Association) sued Greenville County School District under 42 U.S.C. § 1983 challenging inclusion of prayers at public school graduations as violating the Establishment Clause.
- From 1951 through the 2013 Mountain View Elementary School (MVES) graduation, the district included two Christian prayers at elementary graduations; students were selected by school officials and prayers were reviewed/approved by teachers and listed in official programs.
- Plaintiffs allege coercion of a non-theist student (Jill) who felt compelled to bow her head during prayer at the 2013 MVES graduation.
- The district conceded the formal, school-sponsored prayer practice was unconstitutional and changed its position to allow student-initiated, student-led religious speech so long as it is not school-selected, school-approved, or disruptive.
- Court considered whether the historical practice and the district’s new, facially neutral/pas-sive position violate the Establishment Clause; court enjoined the historical practice and awarded nominal damages of $1 for the prior violation, but upheld the district’s new policy subject to effective communication to prevent coercion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of historical, school-sponsored graduation prayers | Historical practice of school-selected, teacher-approved Christian prayers coerced students and endorsed religion, violating Establishment Clause | Historic practice conceded unconstitutional; district agrees to stop it | Court enjoined the prior formal, school-sponsored prayer practice and awarded $1 nominal damages to plaintiffs |
| Constitutionality of district’s new policy allowing student-initiated religious speech at graduations | Even a neutral, permissive policy will recreate coercion and impermissible endorsement given historical context (relying on Santa Fe, Joyner) | New policy is neutral and passive; it does not invite, vet, or sponsor religious speech and therefore protects students’ Free Speech/Free Exercise rights | Court held the new student-initiated, non-school-selected policy constitutional (Lemon test satisfied) but required the district to reasonably publicize the change to avoid residual coercion |
| Damages for past violation | Plaintiffs seek nominal damages for Establishment Clause violation at Jill’s graduation | Defendant did not contest nominal damages | Court awarded $1 nominal damages (nominal damages cannot be mooted after constitutional violation) |
Key Cases Cited
- Lee v. Weisman, 505 U.S. 577 (1992) (public-school-sponsored clergy-led prayer at graduation implicates coercion concerns)
- Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290 (2000) (school policies that invite and structure student-led prayer at school events constitute state endorsement and violate Establishment Clause)
- Lemon v. Kurtzman, 403 U.S. 602 (1971) (established the three-pronged test for Establishment Clause analysis)
- Chandler v. Siegelman (Chandler II), 230 F.3d 1313 (11th Cir. 2000) (genuinely student-initiated religious speech is private speech protected by Free Speech/Free Exercise and not state-sponsored)
- Joyner v. Forsyth County, 653 F.3d 341 (4th Cir. 2011) (permissive prayer policies may still be unconstitutional where policy/practice actively invites sectarian prayer)
- Adler v. Duval County School Bd., 250 F.3d 1330 (11th Cir. 2001) (analysis of graduation-message policies distinguishing sponsored vs. private student speech)
- eBay Inc. v. MercExchange, 547 U.S. 388 (2006) (standard for granting permanent injunctions)
- Rendelman v. Rouse, 569 F.3d 182 (4th Cir. 2009) (nominal damages are available after a constitutional violation)