Saturday, March 15, 1997

Federal judge rejects Alabama school prayer law; new law in works

By KENDAL WEAVER

Associated Press

MONTGOMERY, Ala. (AP) - A federal judge struck down Alabama's school prayer law Thursday, a ruling likely to be ignored in a Bible Belt state where politicians encourage religious expression in classrooms and courtrooms.

"I will be curious to see if the ruling is obeyed," said Michael Chandler, an assistant principal at Valley Head Middle School, who fought the 1993 measure requiring all school-related events to permit "non-sectarian, non-proselytizing student-initiated, voluntary prayer."

Chandler and a student's mother contended the law forced teachers to allow students to pray out loud in class and give readings from the Bible, with students told to stand in the hall if they didn't want to take part.

U.S. District Judge Ira DeMent said the law violates the Constitution by creating "excessive entanglement" between religion and state and leaving some students with "no choice but to listen to the prayers of their peers."

Gov. Fob James said through a spokesman that he believes the First Amendment allows every American to pray "whenever and wherever" and that he would not tell the people of Alabama to obey the ruling.

"I'm sure he would tell folks to have at it," said spokesman Alfred Sawyer.

The ruling comes at a time when James and other political figures have rallied behind a state judge in Gadsden who has been ordered to stop conducting prayers at the start of court sessions and to remove a carved display of the Ten Commandments from behind his bench.

James has said he would send in state troopers if necessary to support expressions of religious faith in Alabama courtrooms.

And already, another school prayer measure - requiring every teacher to start the day by reading a prayer from the Congressional Record - is moving through the Legislature.

The Rev. Barry Lynn, director of Americans United for Separation of Church and State, which joined with the American Civil Liberties Union in filing the suit, said the governor's comments "seem to convey to everyone, including kids, that anarchy is better than obeying rules you don't believe in."

The judge, along with striking down the 1993 law, spelled out various forms of student religious expression that he said generally are permissible. They included: group prayers outside of organized classes and the wearing of religious symbols - even replicas of the Ten Commandments.

Rep. Bill Fuller, a Democrat who sponsored the 1993 law, said the ruling "devalues the role of prayer." Fuller said, "For the courts to discourage the advancement of spiritual values, I think grieves God."