Parties Santa Fe Independent School District, for Petitioner, V. Jane Doe, individually and as next friend for her minor children, Jane and John Doe, et al., for Respondent.

Facts A

student chaplain that was elected by the student's at Santa Fe High School prior to 1995 would deliver a prayer over the public address system before each varsity football game that was played at home. The Respondents who were Mormon and Catholic students at Santa Fe High School and their moms, filed a suit challenging the practice of saying a prayer over the schools public address system before home football games claiming that it violated the Establishment Clause of the First Amendment. The Petitioner while the case was still pending decided to implement a different policy. This policy authorized two student elections. The first election was to establish whether prayers should be delivered before the football games. The second election was to select a speaker to deliver them. Once the elections were held the students decided as a whole to authorize prayers by selecting a spokesperson to deliver them.

Procedural History

On writ of Certiorari to the United States Court of Appeals for the Fifth Circuit. The Fifth Circuit held that the order modified by the District Court allowing the prayer to take place before the football games was invalid. The District Court entered an order to modify the policy permitting only non-proselytizing prayer.