For similar reasons, lower courts have struck down invocations at other public school events such as athletic contests.(6) Confusion arose a year later when the Justices refused to grant an appeal in Jones v. Clear Creek Independent School District, a Texas case upholding the practice of graduation prayer. Although the Supreme Court has repeatedly cautioned that its refusal to hear one of the thousands of cases docketed with it annually does not mean that the Justices agree with the decision, some are encouraging schools to use the Texas case as a blueprint for circumventing the Supreme Court's decision in Weisman. And, although the case is binding only in the 5th Federal Circuit (i.e. Texas, Louisiana and Mississippi), it is being urged upon school districts nationwide. Some state legislatures, such as Tennessee's, have passed laws encouraging schools to pattern their graduation exercises after the Jones decision. The distinguishing features of the prayer in Jones were: The prayer was student-initiated. That is to say the students voted to have the prayer. The prayer was student-led, as opposed to being led by clergy or other adults. The prayer was "nonsectarian" and "non-proselytizing." Although expert opinion is divided, all three of these factors raise significant questions. First, it is clear that constitutional rights are not subject to vote. To the contrary, the purpose of the Bill of Rights was to place some rights beyond the reach of political majorities. Thus, the Constitution protects a person's right to freedom of speech, press or religion even if no one else agrees with the ideas he or she professes. Therefore, it is unlikely that students can vote to suspend the no establishment of religion clause and have organized prayer at a school-sponsored event. It may also be immaterial that a student, as opposed to an adult, leads the prayer. A graduation exercise is still a school-sponsored event, and the students are still being...
