Judge strikes down school prayer in Mississippi

June 3, 1996
Web posted at: 9:50 p.m. EDT

OXFORD, Mississippi (CNN) -- A Mississippi mother won a closely-watched school prayer case Monday when a federal judge ruled that a public school could not broadcast prayers over its public address system or conduct Bible classes. (365K AIFF or WAV sound)

U.S. District Court Judge Neal Biggers Jr. found the practices by Pontotoc County public schools were an unconstitutional violation of the First Amendment separation of church and state.

Lisa Herdahl, the mother of five school-aged children, sued the school system in 1994 after officials at the North Pontotoc Attendance Center refused her request to discontinue the religious activities. When news got out of her request, she said her children were harassed and ostracized in their small town of Ecru.

On one occasion, Herdahl said, her 7-year-old son's teacher put earphones over the boy's head during the morning prayers, which led to teasing and taunting and accusations he was a "devil worshipper."

"Parents and kids should be able to decide for themselves if they want to go to Sunday school, or what church or synagogue they want to attend. They shouldn't have to battle that out in court," said Herdahl, a Wisconsin-born woman, who, like her children was baptized Lutheran.

After the ruling, School Superintendent Jerry Horton said, "We knew all along it was going to be an uphill battle. He said district officials would decide within 30 days whether to appeal the decision.

Horton maintained during the case that the prayers broadcast over the school's intercom were a constitutional exercise in free speech initiated by students.

The case was brought by the American Civil Liberties Union of Mississippi and People for the American Way.

"Public schools have no business using taxpayer's dollars to force a particular religion on its students," David Ingebretsen, Executive Director of the ACLU of Mississippi said. "This ruling reaffirms the long-standing principle of separating church and state. School officials should heed the ruling and respect the religious freedom of their students."

In April 1995, Judge Biggers issued a preliminary injunction ordering school officials to halt the morning devotionals and Bible classes which had gone on for decades.

The case went to trial in March 1996, where witnesses also testified that a group of local Protestant churches recommended and paid for instructors to teach the Bible classes. Monday's ruling makes the injunction against the school permanent.

Reuters contributed to this report.

Related stories:

• Governor vetoes bill allowing prayer at school functions - May 31, 1996
• Federal Court to hear school prayer case - March 3, 1996

Related sites:

• American Civil Liberties Union
  • Religion In The Public Schools: A Joint Statement Of Current Law
• A Christian's Response to prayer in public schools
• People For The American Way
• Banning Prayer in Public Schools Has Led to America's Demise

Related newsgroups:

• alt.christnet
• soc.atheism
• talk.religion.misc
• talk.atheism

Back to the top

Feedback Send us your comments. Selected responses are posted daily.

| CONTENTS | SEARCH | CNN HOME PAGE | MAIN US NEWS PAGE |

---

Copyright © 1996 Cable News Network, Inc.
ALL RIGHTS RESERVED.
External sites are not endorsed by CNN Interactive.