New Mexico v. Doe - You Be the Judge

New Mexico v. Doe - You Be the Judge

This is a real court case that was heard by SCOTUS. The Filing name has been modified to prevent you from looking up the case ahead of time or during discussion.

Setting the scene:

The big high school football game is about to begin. As the band maches off the field, a student walks to the center yard line. "Let us bow our head," he says, The crowd grows silent as he recites, "Dear Lord, thank you for allowing us together here tonight and please bless this game." Your best friend, who is sitting beside you, is Hindu. As the prayer continues, you see that she is becoming more and more uncomfortable.

You be the judge.

What do you think the issue at the heart of the case is?

Setting the scene (cont.):

The next day in school, your friend complains to the principal. He tells her that although prayer in the classroom is unconstitutional, it doesn't apply to a football game. Most of the students like the prayer, and if she's uncomfortable, she can simply skip the game. No one is forcing her to go.

If the prayer is making a student uncomfortable, is skipping the game her only choice? Is the school's actions legal?​

You be the judge.

Multiple Choice

What Constitutional Right is at stake in this issue?

• The 10th Amendment

• The Second Amendment

• The First Amendment

• The Seventh Amendment

The Issue: First Amendment Rights

Is public prayer before a high school football game a violation of the First Amendment prohibition against the establishment of religion by a gov't entity? In June 2020 SCOTUS heard arguments in a case that decided just this question. The case New Mexico v. Doe (real name edited) involved students, their families, and the administration of the school in question.

You be the judge

​- Constitution of the United States, Amendment I

" Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances " 

Establishment of Religion in Schools

In 1962, in the case Engel v. Vitale, SCOTUS held that teachers could not lead students in prayer in the classroom. Thirty years later, in the case Lee v. Weisman, SCOTUS said that public schools could not invite clergy members to school graduations to recite a prayer with the graduating class.

Open Ended

But what if the prayer is given not at an official school event, but merely a school-sponsored event? And it's not given by a teacher or clergy member but by another student? Does this make the public prayer okay?

Should the long tradition be changed?

Prayers before football games had been a regular event at the school in question until 1995 when two families, one Mormon, and one Roman Catholic, complained about the practice. Believing that forcing their children to listen to these prayers (not traditional to their faith) was unconstitutional, the parents went to court to have the prayers stopped. The two families both used the name Doe in the court cases to protect themselves from being harrassed for bringing the lawsuit.

First court ruling

The court ruled in the parents' favor. Forcing students to participate in a religious exercise was in violation of the First Amendment. The court ordered the school to stop holding prayers at football games as well as at graduation and other school events. It required the school to bring its policies in line with the Constitution.

The school's response

The district developed a series of new policies. One of these stated that each school year, the students of the school would vote on whether there should be a prayer before each game and, if so, which student would recite it. In this way, the prayer would be a student-sponsored event, elected by a majority of the student body, and not a religious observance imposed by the gov't

Poll

Do you think the school's policies were now in line with the Constitution?

• YES

• NO

Create an argument against the school's policies

Group 2

Create an argument supporting the school's policies

Group 1

Group Work

Some text here about the topic of discussion

Sign in - Google Accounts

You can open this webpage in a new tab.

Copy link

Open in new tab

The School's Arguments

-The prayer was given by a student elected by other students, not by a representative of the school, and therefore it was not a matter of the school imposing religion on students.

​- Unlike in the classroom, students are not required to attend the game, so the school is not forcing any religious beliefs or practices on them.

The Parents' Arguments

-The school sponsors the football games. A prayer sent over the school's intercom, by a speaker representing the student body, under the supervision of teachers at the school, and under a school policy, is a gov't establishment of religion.

-Football games may not be required activity for all students, but they are required for members of band, members of the team, and cheerleaders. In addition football is a important part of the HS experience. No student should be forced to stay away b/c of a religious ceremony, or be forced to listen to the religious ceremony.​

Poll

Who do you think won?

• The school

• The parents

Open Ended

Although a democracy is ruled by the majority why is it important to protect the rights of the minority?