‘A ban with no basis in law’: ‘Landmark’ ruling affirms teacher’s ‘right to pray’

A federal appeals court has delivered what is being described as a “landmark” ruling that affirms a Texas teacher’s “right to pray” on school grounds.

That means her principal violated clearly established law when he ordered her to stop.

The American Center for Law and Justice said, “The court’s reasoning was sweeping: The Constitution does not permit a school official to silence a teacher’s private, personal prayer simply because a student might see it.”

The ruling from the 5th U.S. Circuit Court of Appeals was in Barber v. Rounds, which developed when Staci Barber was punished for her prayers.

“Staci is a longtime teacher at Cardiff Junior High in the Katy Independent School District in Texas and a committed Christian. In September 2023, she invited fellow staff members to join her in a brief prayer near the school flagpole for See You at the Pole before the school day began – as she had done every year for three years prior,” the ACLJ explained.

But, “Her principal, Bryan Scott Rounds, responded by telling her – and all staff – that district policy prohibited employees from ‘praying with or in the presence of students.’ He told her that even if no students were present at the flagpole, teachers waiting at the building’s front entrance meant that any teacher prayer on campus was off-limits. When Staci and a few colleagues went ahead and prayed anyway, Rounds stopped them from praying, interrupting them and pulling them into a conference room where he repeated his directive: Teachers may not pray where students ‘might see’ or ‘be influenced by’ their conduct.”

His actions drew a red flag from the appellate judges.

And the victory, the ACLJ confirmed, is a win “for every public school teacher in America who has ever been afraid to bow their head in prayer because a student might see them.”

The case earlier saw a district court reject the school’s motion to dismiss. And it refused to grant Rounds immunity for his actions.

Now Rounds’ appeal to the 5th Circuit has handed him a huge loss, a unanimous ruling.

“The court held that Rounds imposed an unconstitutional, visibility-based prohibition on Staci’s private religious expression – a ban with no basis in law. Relying on the U.S. Supreme Court’s landmark 2022 ruling in Kennedy v. Bremerton School District, the court held that a school employee’s right to engage in personal prayer outside of official duties is ‘doubly protected’ by both the Free Speech Clause and the Free Exercise Clause of the First Amendment. The court ruled that this right was clearly established when Rounds acted, meaning he had no legal cover. His claim of qualified immunity was denied,” the ACLJ documented.

The court itself said, “Kennedy clearly established that school officials may not impose categorical, visibility-based restrictions on an employee’s private religious expression or exercise outside official duties.”

The ruling returned the case to federal district court in Houston.