Multistate Bar Examination Practice Question

The court will likely rule that the policy is unconstitutional because it violates the Establishment Clause of the First Amendment. The Supreme Court has held in cases like Engel v. Vitale (1962) that government-sponsored prayer in public schools, even if voluntary and non-denominational, constitutes an impermissible establishment of religion. The policy has a religious purpose and effect, and the opt-out provision does not cure the constitutional violation because the policy still places the government's authority and prestige behind a religious practice. While a teacher's private prayer may be protected, a school policy compelling teachers to lead prayer is unconstitutional government speech.