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SILENCE IS NOT GOLDEN AT GRADUATION
by Matt Staver


As we approach graduation, I am reminded of Megan Chapman’s inspiring story of courage and victory. Faced with the choice of standing up for Christ or being silenced by the ACLU, Megan chose to stand for Christ!

On the morning of her high school graduation, a federal judge issued an order barring Russell County High School and Megan from praying during commencement. I was able to speak to Megan personally around 4:00 p.m., only three hours before graduation.

I counseled her that God can turn apparent adversity into great opportunity when you trust and obey Him. Just hours later, more that 3,000 people packed the high school gymnasium to watch 196 seniors graduate. Before the principal finished his opening remarks, the senior class stood as one body to recite The Lord’s Prayer!

Then, Megan Chapman came to the podium prepared only to deliver a poem, The Road Less Traveled. But when Megan looked out at the large audience, she asked God to give her a message.

She put away the poem and spoke from her heart. Megan began by sharing how God had led her since she was a child. She spoke of the peace she has encountered since giving her life to Jesus. And she wished her classmates the same peace that can only come from a personal relationship with Jesus Christ.

Megan’s speech was repeatedly interrupted with applause and punctuated by several standing ovations. The local media covering the event described the evening as having a “revival-like atmosphere.” The following evening Megan appeared on Fox News where she shared her story about her personal salvation through Jesus Christ with millions of viewers!

Megan and her twin sister, Mandy, now attend Liberty University. Since arriving at Liberty, Megan has changed her major and now wants to eventually attend law school. Over the past year, Megan has been volunteering at Liberty Counsel one day a week. Instead of silencing Megan, the ACLU ignited a fire in her that will continue to burn brightly.

With graduation around the corner, Liberty Counsel has again launched its “Friend or Foe Graduation Prayer Campaign.” Like Liberty Counsel’s successful Friend or Foe Christmas Campaign, the graduation campaign will educate and, if necessary, litigate to ensure that prayer and religious viewpoints are not censored from graduation. Liberty Counsel has a free legal memo that outlines the current law. Liberty Counsel will defend any school that follows the law. When school officials censor prayer or religious speech, Liberty Counsel will file suit.

So what is the law regarding graduation prayer? To begin, a simple but important rule to understand is the difference between private versus government-sponsored speech. When the government directs that prayer be said and controls the content of the prayer, then the speech is government-sponsored. Not all government-sponsored religious speech violates the First Amendment, but in the context of public secondary schools, government-sponsored prayer to a captive audience of students has been ruled unconstitutional by the courts.

Thus, the Supreme Court ruled that a public high school violated the First Amendment when it (1) placed prayer on the graduation agenda, (2) invited a clergy to pray, and (3) gave the clergy guidelines directing the kind of prayer that should be delivered.

Liberty Counsel successfully defended a precedent-setting case against the ACLU that made two trips to the U.S. Supreme Court. In Adler v. Duval County School Board, Liberty Counsel won the right of students to pray or give religious messages during graduation. The case went before a federal court of appeals five times (twice before a panel of 12 judges) and to the U.S. Supreme Court twice. The precedent-setting case against the ACLU established the legal principle that public schools are safe when they adopt an equal access policy for graduation, where students or other speakers may present either secular or religious messages, including prayer.

In this case, the school had a policy which allowed the senior class to vote whether to have a fellow student present an opening or closing message of his or her own choice. This policy allowed students to present a secular or religious message. The courts upheld this policy because the message was solely the choice of the student, not the school.

If a speaker is chosen using religious-neutral criteria and if school officials do not edit the speaker’s message or religious viewpoints, then the school is on safe ground. Thus, if a valedictorian, salutatorian, class officer or class representative delivers a message, the speaker is free to include religious themes and can voluntarily pray. The same principle holds true when an adult from outside the school speaks at graduation. Private, voluntary speech on public property is constitutionally protected.

Public schools may also hold graduation at religious sites, such as churches, if the reason for doing so is religious-neutral. One such reason is that the religious venue provides a more convenient or accommodating facility than the public school. Conversely, private persons or groups may rent public school facilities to conduct privately sponsored graduation or baccalaureate ceremonies. In privately sponsored ceremonies, the speakers may be chosen for the express purpose of delivering prayer or religious speeches.

This year during graduation, there will be other seniors faced with the same dilemma that Megan Chapman experienced. She did not melt at the sound of the ACLU’s trumpet, and Liberty Counsel was there to help her.

Most public school officials want to obey the law, but sometimes they do not because either they misunderstand the law or they receive a threat by the ACLU or some other similar group. This year, take the high ground and send a copy of Liberty Counsel’s free legal memo regarding graduation prayer. If you hear of a graduation controversy, contact Liberty Counsel immediately. In the area of graduation prayer, silence is not golden.

As we press forward, we must collectively search our soul. We must recognize our need for a Savior. We must humble ourselves before our God, seek forgiveness and ask God to heal our divided land. Then we must fearlessly move forward. We must never be ashamed of the Gospel.



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