[Congressional Record Volume 146, Number 37 (Wednesday, March 29, 2000)]
[Senate]
[Page S1876]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SUPREME COURT CASE OF DOE VERSUS SANTA FE INDEPENDENT SCHOOL DISTRICT

  Mr. THURMOND. Mr. President, among the greatest traditions in my 
state and in many parts of the country are high school football games 
on Friday nights. These are very important events each fall in the 
lives of students and their families in countless communities.
  These athletic activities often include a simple, non-denominational 
prayer to set the tone for the evening, and to promote good 
sportsmanship and safety for the students. These prayers are beneficial 
to students and spectators alike. Recently, prayer at high school 
football games in a Texas public school district was challenged as 
unconstitutional. The Fifth Circuit Court of Appeals held in a divided 
opinion that this practice violated the establishment clause of the 
First Amendment. The case is being considered by the Supreme Court 
today, and it is my hope that the Court will reverse this misguided 
decision.
  I have long believed that non-denominational prayer should be 
permitted in public schools. I believe that our society for years has 
been going too far in trying to create a complete separation between 
church and state. The fact is that religion has always been a central 
part in the lives of Americans, and each generation seeks to pass these 
values on to their children. The courts should recognize the role of 
religion, and not try to separate it from every aspect of public life. 
Indeed, the government should encourage the expression of religious 
beliefs by our young people. We should not require them to check their 
religion at the door when they enter the school house or any other 
public building.
  When I open the Senate each morning, we have our Chaplain deliver an 
opening prayer. I think it is vital that we start each day with this 
prayer. Yet, there is no more public building than the United States 
Capitol. Our children certainly should not be denied this same benefit 
at football games.
  In the case the Supreme Court is considering, it is entirely clear 
that the prayer is not controlled or sponsored by the state. The prayer 
is conducted during an extracurricular activity, not during school 
hours. Also, the prayer is not led or controlled by teachers or school 
administrators. Rather, the students choose whether they wish to have 
prayer at their football game and, if so, which student will lead the 
prayer. The students make the decisions.
  I hope that the Supreme Court will decide that the school's policy of 
permitting student-led, student-initiated prayer at football games does 
not violate the establishment clause. Student prayers at these events 
are a vital part of these traditions, and I sincerely hope the Court 
will agree.
  The PRESIDING OFFICER. The Senator from Virginia is recognized.

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