A public school district enacts a policy that requires homeroom teachers to lead their students in a daily non-denominational prayer. The policy allows students to opt out of the prayer with a written request from a parent. A parent sues the school district, claiming the policy is unconstitutional. How is a court most likely to rule?
The policy is constitutional because the prayer is non-denominational.
The policy is constitutional because it is intended to promote moral values, a valid secular purpose.
The policy is constitutional because student participation is voluntary.
The policy is unconstitutional because it violates the Establishment Clause.
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.
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