Appeals court refuses to halt Florida graduation prayer messages
The Associated Press
06.02.98
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JACKSONVILLE, Fla. -- Students graduating from Jacksonville high schools this week can include prayer in their senior class messages.
The 11th U.S. Circuit Court of Appeals on Monday denied a motion filed by attorneys for three students and two parents seeking a preliminary injunction against the Duval County School Board to block the student-initiated messages.
The ruling came just hours before the first of 22 Duval County high school graduation ceremonies scheduled for this week.
Last week, U.S. district court Judge William Terrell Hodges rejected a request to halt the two-minute, uncensored student messages delivered by seniors selected by their graduating classes. In many cases in the past, those messages have included prayer.
The Atlanta-based appeals court, while refusing to stop the messages with an emergency ruling, did agree to expedite the appeal of Hodges' ruling.
Attorney William Sheppard filed an appeal of Hodges' ruling Friday.
The appeals court took a swipe at Sheppard and co-counsel Gray Thomas for filing a lawsuit in mid-May and then seeking a quick ruling.
"Nowhere in their motion have they even attempted to explain why they delayed until May 15, 1998, before filing this lawsuit and thereby creating an emergency in both this district court and this court," the ruling stated.
Sheppard argued last week that student messages are nothing but a way to get around a U.S. Supreme Court ban on organized prayer in public school.
"Prayer is pervasive at graduation ceremonies," Sheppard said.
"There are certain fundamental rights that are not subjected to majority rule."
But school board attorney Ernst Mueller said the issue hasn't changed since Hodges ruled in a similar suit in 1994 that students had First Amendment rights to free speech.
Duval high schools typically included prayers in graduation ceremonies until the Supreme Court ruled in June 1992 that prayers organized by school officials were unconstitutional.
In spring 1993, the school board adopted a policy that says a graduating class can choose to offer a brief message. The class then must choose a volunteer to give the message, which cannot be reviewed by school officials.
Update
Florida school district's policy on graduation prayer goes before appeals court
State civil rights group wants court to bar religious messages at county's high school ceremonies.
05.07.99
Previous
Florida judge denies ACLU attempt to ban student prayer during graduation
Court, for the second time, upholds guidelines permitting students to give religious messages during commencement.
05.28.98
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