—that court held that the practice of allowing religious invocations prior to high school football games violated the establishment clause of the first amendment.

—holding that prayers at public high school football games violated the First Amendment, even though student clubs designated the prayer givers

If that includes the prior approval code provision, such a continued position does not indicate permanent abandonment.

Almost every other Circuit that has considered the application of Marsh to diverse facts has relied on the historical analysis in Marsh to limit its holding to only its specific factual context.

The remaining circuits have offered only a limited discussion of legislative prayer as permitted by Marsh.

The court stated that "when a religious invocation is given via a sound system controlled by school principals and the religious invocation occurs at a school-sponsored event at a school-owned facility, the conclusion is inescapable that the religious invocation conveys a message that the school endorses the religious invocation

—held that the practice of having invocations given by ministers before football games violated the Establishment Clause.

For example, the Eleventh Circuit Court of Appeals invalidated a school district' s plan under which any student, parent, school staff member, or representatives from school clubs and organizations could seek to deliver invocations prior to public high school football games

In an earlier case on a similar issue, concerning prayers before football games, the 11th Circuit struck down the practice in part because secular alternatives existed to meet the same goal.

—holding voluntary cessation of pregame prayer did not moot First Amendment challenge where elimination was not formal board policy

[BOOK] Religion and the state in American law

[PDF] MM MMS

[CITATION] The University of Memphis Law Review

[CITATION] West's Encyclopedia of American Law