School flagpole prayer controversy resolved
Details to be released Monday
Pastor Ron Banker of Russell Baptist Church leads prayers around the pole Monday morning at Clay Hill Elementary School.
The Clay County School District and Pastor Ron Baker reached an amicable resolution Thursday regarding prayer sessions held outside Clay Hill Elementary School.
The School District said Baker was "very instrumental" in reaching the resolution, which they said will not be made public until Monday.
Because the matter is no longer an issue and it had been the reason for an emergency workshop scheduled for Monday, Superintendent Ben Wortham has canceled the workshop.
A prayer session Monday morning took place at 8:15 a.m. -- before classes begin but after the teachers' work day begins.
Baker has been leading such prayers outside Clay County schools every Monday morning for years, but Clay County School Board's legal counsel recently issued a legal opinion that the activity is unconstitutional.
Attorney J. Bruce Bickner found that not only are teachers and staff participating during their school days, but the principal invited Baker to hold the prayer event and had it promoted in the school newsletter.
"These enumerated activities all work together to make this a clear violation ... and a clear case of endorsement of religion generally and Christianity particularly," attorney J. Bruce Bickner wrote in a statement. "It is a violation of the U.S. Constitution for a teacher, school administrator or other school district employee to join in a prayer session during their work time."
Bickner's opinion was specific to Clay Hill, but he said similar constitutional violations occurred at Charles Bennett, Lake Asbury and Shadowlawn elementary schools.
Baker said the prayers are not illegal because they are community-led prayers, not led or endorsed by school officials.
"We are protected under First Amendment rights to gather and pray at the flagpole," Baker said. "Under the advice of counsel, we are not doing anything illegal, so there's no reason not do it?"
Clay County Commissioner Ronnie Robinson sided with Baker, saying allowing his Christian prayers at the flagpole doesn't prevent any other religious group from doing the same.
"If you're some other religion and want to come and stand at the flagpole some other time, or even while we're there, and saying a different prayer, that's fine," Robinson said. "If you're a Muslim and you want to come later and do your thing, that's OK, too."
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