Saturday, June 04, 2011

5th Circuit: Valedictorian's Prayer Is Back At Graduation Ceremony

The U.S. 5th Circuit Court of Appeals yesterday dissolved a Texas federal district court's temporary restraining order and preliminary injunction that had barred student speakers at Medina Valley High School in Texas from leading the audience in an invocation and benediction at today's graduation ceremonies. The valedictorian who planned to deliver one of the prayers had sought to intervene in the lawsuit. (See prior posting.) In a brief opinion in Schultz v. Medina Valley Independent School District,  (5th Cir., June 3, 2011), the court said:
On this incomplete record..., we are not persuaded that plaintiffs have shown that they are substantially likely to prevail on the merits, particularly on the issue that the individual prayers or other remarks to be given by students at graduation are, in fact, school sponsored.... [T]he school has apparently abandoned including the words "invocation" and "benediction" on the program.
According to the San Antonio Express News, the district court order had attracted attention from around the country. The district court had received some 500 calls protesting its decision and the AGAPE Movement  prepared to bus in demonstrators to support the students who wished to pray. The student who originally challenged the planned prayers says he and his family will not attend the graduation. [Thanks to Kelly Shackelford for the lead.]