Pace students pray in spite of graduation controversy

Liberty Counsel warns religious freedom threats continue

Jun 9, 2009

PACE (FBW) – Many Pace High School seniors recited the Lord’s Prayer and wore crosses on their caps at their May 30 graduation ceremony in response to new restrictions meant to curb religious expression at school functions.

Students and school officials in conservative Santa Rosa County – near Pensacola – have found themselves embroiled in controversy in recent months regarding religious freedom and public schools. A series of events intended by the American Civil Liberties Union to shut down student led prayers and other religious activities has instead emboldened students to increased prayer, Bible study and Christian unity, according to several observers.

Six months ago the ACLU filed suit against the Santa Rosa County School District, the district superintendent, and Frank Lay, principal of Pace High School, alleging the school promoted religion and prayer. In response, a consent decree was agreed to in March which significantly restricted school officials and students from praying or expressing their religious faith. Several students were removed from speaking during the May 30 graduation program.

Lay, an educator for 39 years and principal at Pace for 19 years, told Florida Baptist Witness he simply wants students to be able to exercise their First Amendment rights and is proud of how seniors displayed maturity and kindness in response to the new restrictions.

“Their peers had selected [the banned students] to speak at graduation … and it was a right as far as I was concerned,” said Lay, a member of Olive Baptist Church in Pensacola.

Lay said during commencement the students quoted the Lord’s Prayer in unison after the National Anthem. Many in the packed stadium bleachers joined the students and applauded afterwards. Lay described the students as respectful.

“Whatever statement they were trying to make was done in good taste and good faith and we just had a good night,” Lay said.

Student Mary Allen and Principal Frank Lay following May 30 Pace High School graduation. Courtesy photo

Mary Allen, president of the Pace High School Student Government, was one of the seniors denied the opportunity to speak at graduation last month. While disappointed by the actions of the school district, Allen maintains God had a purpose in all the controversy.

“I’ve prayed more this week than I’ve prayed probably in the past year. … What was meant for evil has turned to good. My voice has not been silenced. People have come out and supported us. They are supporting our free speech and the First Amendment,” Allen told the Witness.

“We were supposed to fight this battle. And I think people fully intend to keep fighting,” said Allen, 18, who attends Immanuel Baptist Church on Wednesday nights in Pace.

Lay will appear in federal court on June 25 to answer charges he was in contempt of court when he asked a staff member to pray before a luncheon at the school, allegedly in violation of the new consent decree.

“I did it primarily out of habit. It’s just something we’ve always done. I have been painted here as somewhat of a rebel. I don’t consider myself that, nor do I want to be. I am a Christian. I am not ashamed of my faith,” Lay said.

Lay’s legal defense is being provided by Liberty Counsel, an Orlando-based religious freedom group. Liberty Counsel founder and chairman Mathew D. Staver said the consent decree is unconstitutional.

The decree “overreaches and infringes on the First Amendment rights of the faculty, staff and students. Essentially the ACLU has appointed itself as a school czar to oversee any alleged religious activity. The ACLU’s bullying in this case needs to be vigorously resisted,” Staver told the Witness.

Students gather on their own for a prayer, led by a student, in Pace High School gym before graduation ceremony. Courtesy Photo

According to Staver, the school district declined LC’s offer of free legal representation when the initial ACLU lawsuit was filed.

“We continue to offer our free legal service to the school, faculty, staff and students. If the school continues to work with the ACLU to restrict their rights, however, we may end up having to consider a lawsuit against the school,” said Staver.

The effects of the consent decree have already been successfully defeated at another school in Santa Rosa County. Officials at Jay High School had prohibited the Fellowship of Christian Athletes from using school facilities that were accessible to other student groups. In addition, teachers were prohibited from attending private baccalaureate services. The school was relying on the consent decree for both actions.

According to a news release, Alliance Defense Fund sent letters to the school district challenging both measures and emphasized that the policies were unconstitutional and violated the rights of students and teachers. The district reversed both positions soon after receiving the letters from ADF.

In the unresolved case against Lay, the community has rallied in support of the Pace principal. Allen has launched a post-graduation project to urge fellow students and graduates to send letters to the federal judge in support of Lay and to encourage people to pray for his case.

Ted Traylor, pastor of Olive Baptist Church in Pensacola, told the Witness Lay is a faithful member and deacon.

“Frank has stood for Christ. He’s been forthright with his faith. He has simply stood and been a Christian as salt and light in his environment. He’s not a man that looks for a fight, he just lives his faith and when people see that faith, they’ve come against that,” said Traylor, who spoke at a May 26 rally in support of the Pace students’ right to speak at graduation.

Kyle Cox, vice president of the senior class and another student who was denied the previously approved opportunity to speak at the Pace graduation, told the Witness an increased interest among the students in prayer and faith has resulted from the controversy.

“Really it’s been exciting for me because this whole school year Christians have stepped out in their faith. I have made new friends that I wouldn’t have made unless we had been kind of persecuted. We didn’t really have an ideal senior year … but I wouldn’t have it any other way because people have gotten closer to the Lord,” said Cox, who turns 18 in July and will attend the University of West Florida on an Air Force scholarship.

Lay also points to the students’ reaction as one of his greatest encouragements.

“It’s really galvanized my faith to see the kids’ response, to watch them and their leadership role. … It’s drawn them out and they’ve stepped up and they’ve shared with others. They’ve been involved with prayer walks and they’ve been involved with their churches more. Almost a small revival, a grassroots type of thing,” Lay said.

The threat to free speech and religious expression remains real according to Staver, noting more legal action may be necessary.

“There is a danger and that is why we are going to vigorously resist this consent decree and it should not be used as a model. If it does, it will result in lawsuits against school districts,” Staver said.

Editor’s note: Ted Traylor, pastor of Olive Baptist Church in Pensacola, addressed the controversy at Pace High School during a May 24 evening sermon, available online here.

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