Should Prayer Be Allowed in Public Schools?

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In general, public school teachers may not encourage, discourage or participate in prayer with students. The courts have held that public school teachers are state actors when acting in their official capacity as classroom teachers. However, that does not mean that teachers unconditionally surrender their constitutional rights once they enter public education.

Teachers have the right to academic freedom. As such, teachers may take part in religious activities as long as it is clear that they are not participating in an official capacity, but rather as an individual, and as such not representing the government. Teachers can also meet with other teachers for prayer to the same extent that they may engage in other conversation or nonreligious activities.

It is unsettled in the law whether or not teachers, when acting in an official capacity, may show deference and respect to students who have initiated religious activity. For example, high school football coach Marcus Borden has asked the courts to affirm his constitutional right to silently bow his head and bend his knee while members of the football team engage in the time-honored practice of student-initiated pre-game prayer.