Is praying around a flag pole unconstitutional?

For over two decades, people have been allowed to pray around a flag pole. But that could soon be changing for Clay County Schools.

Pastor Ron Baker has been leading weekly prayer outside Clay Hill Elementary for years.

“I don’t think prayer is an evil thing. I don’t think it’s an unnecessary or an unnatural thing. I think most of the families and most of the students would appreciate knowing that they’re being prayed for. That’s strictly all were doing,” says Baker.

But the “Freedom from Religion Foundation” sent a letter to the district asking them to stop, saying it stands against prayer on schools, and is unconstitutional.

 “Our schools are here to teach, not to indoctrinate. And we need to keep children away from predators who trespass on the school for their own agenda,” says Annie Laurie Gaylor, Co-President of the foundation.  

WOKV received the legal response sent by the School board attorney Tuesday afternoon. In the response, it stated the practice actually violated the US Constitution.

WOKV spoke with legal analyst Mark Rubin on the subject. He says what he’s about to say is probably not what all listeners want to hear.

“The United States Constitution clearly outlines that they’re be a separation of church and state.  And the schools, at least public schools, are run by the state,” says Rubin.

He says the freedom of religion is a guarantee that all religions will be treated equally.

“If one person in a public school’s environment is favoring one religion over another, then conversely, somebody on the outside looking in, somebody that was a religion other than Christian might feel like the Christian religion was being unfairly promoted to the exclusion of every other religion,” says Rubin.

 “In a private school environment, that is ok. When we move that religion issue into a public school environment, it’s a different question,” says Rubin.

He also continued on to say that the school board administration is doing the right thing in following the Constitution.

“If teachers want to pray with students, that is perfectly acceptable. But it just can’t be during the school day on public property,” says Rubin.

 WOKV did try and reach out to the district and its board members, even trying to reach some on their home phones. We did get in touch with the district, and they are not willing to comment at this time.