Today federal Judge Joseph H. McKinley Jr., in a short three-sentence temporary restraining order, barred Russell County High School and student Megan Chapman from including prayer at the Russell County High School graduation scheduled to be held later today. Liberty Counsel has decried the decision as a violation of the student’s right to free speech.

Megan Chapman was elected last fall as the senior class chaplain. Some of the duties of the chaplain include presiding at homecoming and other events, including delivering a prayer at graduation. On May 16, 2006, the ACLU of Kentucky filed suit, asking the court to issue an emergency order to block Megan from praying. Without orchestration by the school officials, yesterday, May 17, the students decided to follow the policy that Liberty Counsel successfully defended against the ACLU in Adler v. Duval County School Board. Russell High School principal Darren Gossage filed an affidavit stating that the students voted on whether to have a brief opening and/or closing message or remarks at the high school graduation. After voting to do so, the students then selected Megan to deliver the message. She was free to deliver the message of her choice, secular or religious. Neither the principal nor any other school official attempted to influence the class vote, the selection of Megan, or the content of the message. Notwithstanding the independent actions of the students, this morning Judge McKinley issued a restraining order blocking Megan “from including prayer in the Russell High School graduation ceremony to be held on May 19, 2006.”

The Adler case was defended by Liberty Counsel over an eight-year period. It went to the trial court twice, the federal court of appeals five times (twice before a panel of 12 judges) and to the U.S. Supreme Court twice. This case establishes the legal principle that public schools are safe when they adopt an equal access policy for graduation, where students or other speakers may present either secular or religious messages, including prayer. To prohibit Megan Chapman from including any religious themes in her message is unconstitutional.

Mathew D. Staver, Founder and Chairman of Liberty Counsel, commented: “It is a clear violation of the First Amendment to require a school to intentionally censor religious viewpoints of student speakers at graduation. Religious speech has just as much protection as secular speech. In fact, the First Amendment elevates religious expression to our first freedom.”

As part of Liberty Counsel’s Friend or Foe Graduation Prayer Campaign, Liberty Counsel has offered its services to defend the school board and to work on behalf of Megan Chapman to protect her right to free speech against the ACLU’s lawsuit.