The Establishment Clause in the U.S. Constitution’s First Amendment prohibits state religion.
Because of that, “legally, the safest approach is to not hold prayer at board meetings,” attorney Heidi Alder wrote in a memo to Superintendent Greg Maughan March 11.
“It had come up in a previous board meeting and so I was asked to have our legal counsel weigh in on pros and cons and provide a recommendation,” Maughan said on KPCW’s “Local News Hour” last week.
The South Summit school board doesn’t currently pray; neither do the boards in North Summit or Park City.
South Summit opens its meetings with the pledge of allegiance and then reads the district’s vision statement, mission statement and governing values.
Alder's memo wasn’t discussed in depth March 13, but board members may discuss and vote on whether to add opening prayers at their April 17 meeting.
The attorney’s advice is to avoid liability — a lawsuit could be costly to taxpayers.
Some city councils and planning commissions in the Kamas Valley do pray before meetings.
But Alder writes that U.S. courts have been more lenient with legislative bodies than with schools.
The Supreme Court has struck down public prayer before high school graduations and athletic events; however, its most recent Establishment Clause decision was to uphold a coach’s right to pray on the 50-yard line before football games.
The high court has never seen a case about school board meetings specifically, according to Alder.
Lower federal courts have, but they’re split. Judges in the 9th, 6th and 3rd circuit appeals courts have said praying before meeting is unconstitutional, but a 2017 ruling from the 5th Circuit says it’s allowed. In allowing prayer, the latter court said school boards are legislative.
Utah’s 10th Circuit Court of Appeals hasn’t weighed in.
