Livin' on a Legislative Prayer: How Prayer at a School Board Meeting Survives Under an Exception to the Establishment Clause

Authors

Brian Muff

Abstract

This Note discusses the circuit split between the Ninth Circuit and the Fifth Circuit on whether prayer should be permitted to open up a school board meeting. First introducing the topic and explaining the history of legislative prayer in America, the Note then discusses governing Supreme Court precedent concerning school prayer and legislative prayer. After analyzing the cases that are the subject of the circuit split, the Note concludes with a recommendation that the Supreme Court permit the recitation of prayer to begin a school board meeting, citing the commonalities between a school board and a legislature and making three suggestions for a constitutionally structured legislative prayer.

Recommended Citation

Muff, Brian (2024) "Livin' on a Legislative Prayer: How Prayer at a School Board Meeting Survives Under an Exception to the Establishment Clause," Touro Law Review: Vol. 39: No. 4, Article 9.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol39/iss4/9