Jan 12 (Reuters) - A federal judge has ordered the
immediate removal of a Christian prayer mural displayed in the
auditorium of a Rhode Island public school.
U.S. District Judge Ronald Lagueux ruled on Wednesday that
the school mural, which dates back to 1963, violates the
constitutional prohibition against government-sponsored prayer
in public schools.
Jessica Ahlquist, a student at Cranston High School West,
sued the city of Cranston and its school committee in April 2011
to remove the prayer banner. As an atheist, Ahlquist said the
eight-feet-high and four-feet-wide mural caused her to feel
excluded and ostracized. She accused the school of violating the
First Amendment's Establishment Clause, which prevents the
government from promoting one religion over another.
School officials responded that the banner was a historical
memento of the school's founding days and did not serve any
religious purpose. The prayer encourages values of honesty,
kindness, friendship and sportsmanship. But the judge rejected
the school's claims that the message was purely secular.
"No amount of debate can make the School Prayer anything
other than a prayer, and a Christian one at that," Lagueux wrote
in a 40-page opinion, noting that it opened with "Our Heavenly
Father" and closed with "Amen."
Joseph Cavanagh, a lawyer for the city and school officials,
said they were analyzing the opinion to determine whether to
file an appeal.
"We were hoping this banner would be viewed as a neutral,
secular, historic display," Cavanagh said. The mural, donated by
the class of 1963, had evolved historically in the community and
never had a religious purpose, he said.
The court relied on a 2005 case in which the Supreme Court
called for particular care in separating church and state in
public schools. In Van Orden v. Perry, the high court ruled that
a monument displaying the Ten Commandments was acceptable on the
44-acre grounds of the Texas State Capitol. But the court added
that the same monument on the grounds of a public school would
be impermissible, "given the impressionability of the young."
Lynette Labinger, a volunteer lawyer with the American Civil
Liberties Union who represented Ahlquist, praised the judge for
recognizing that Supreme Court precedent. "Placement of a public
government display of a religious message in a place with
impressionable young students has not been upheld," she said.
The case is Ahlquist v. City of Cranston et al, U.S.
District Court for the District of Rhode Island, No. 11-138.
For Ahlquist: Lynette Labinger of Roney & Labinger; Thomas
Bender of Hanson Curran.
For the city and school officials: Joseph Cavanagh of Blish
& Cavanagh; Lori Windham for The Becket Fund for Religious
Liberty.
(Reporting by Terry Baynes)
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