Last September, at a meeting of the Religious Liberty Commission, President Donald Trump announced that the Department of Education will release new guidance soon on prayer and religious expression in public schools. That prayer guidance finally arrived earlier this year. Unfortunately, it’s extremely misleading and puts students, teachers, and school officials at risk of violating the Constitution.
One of the most alarming claims in the new guidance is that teachers may “pray with students.” This is simply not true. Under the law, teachers and school officials cannot lead students in prayer, join students while they are praying, or encourage students to pray.
Because teachers hold a great deal of authority, students know that disappointing a teacher, such as by refusing to join them in prayer, could jeopardize many aspects of their school experience like their grades, their participation in athletics, and even their college recommendations. When a teacher prays with, in front of, or over students, it creates strong pressure to participate. No child should feel like they must pray to fit in, avoid trouble, or stay on their teacher’s good side. By saying that student-teacher prayer is allowed, the new guidance invites violations of students’ religious freedom.
The guidance also suggests that schools must allow religious speech unless it counts as “targeted harassment,” which sets a dangerously low bar. Under this new guideline, broad statements about non-believers or those of a different faith, even if they are hurtful or exclusionary, could be allowed.
It’s possible that a school could use the new guidance to let students or teachers say “atheists are going to hell” or “Muslims must accept Jesus Christ into their hearts.” This could make students feel judged or singled out for not conforming to a certain religion. Public schools are not Sunday schools and students should never be made to feel “less than” because of their beliefs, but the new guidance makes this more likely.
It’s important to note that at the end of the day, this guidance is unnecessary because students already have the right to pray at school. In order to protect the religious freedom of all, that prayer must be voluntary, student-led, and non-disruptive. These safeguards protect all students, no matter what they believe.
Americans United has pointed this out repeatedly over the years. We’ve also debunked the false history and lies that Christian Nationalists like to peddle about this issue, such as the idea that we had prayer in schools with no limits for a long time with no problems. Even a cursory look at the history shows this isn’t true. Government-mandated religion was problematic from day one, and many of the laws codifying it aren’t nearly as old as many people believe.
Public schools are the great equalizer for our country’s children. Students from all different religions and faith traditions (or none at all) are free to learn without pressure to pray or conform to a religion that they don’t share. The freedom to believe or not believe, so long as you don’t harm others, contributes to our country’s rich religious diversity. There are lots of reasons to love public schools, but one of the biggest among them is that all students are welcome, no matter their faith.
When Trump announced that new prayer guidance was coming, he also said that we are “one nation under God, and we always will be.” But he’s wrong about that. What unites our country is not any one religion’s version of God, but the values and tenets that our Constitution upholds and protects, like religious liberty and the separation of church and state. What makes this country strong is everyone’s right to live as themselves and believe as they choose.
The new prayer guidance is not law, but the Constitution is. Whether you’re a teacher, parent, or student, be sure that you’re familiar with AU’s “Know Your Rights” guides when it comes to religious expression in public schools.
