SAN ANTONIO — Public prayer will be allowed at a Texas high school graduation after a federal appeals court on Friday reversed a ban won by an agnostic family that claimed ceremony traditions such as invocations are unconstitutional. More from TODAY.com Nude pantyhose: Great or granny?
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The 5th Circuit Court of Appeals granted the emergency appeal filed by the Medina Valley Independent School District. The San Antonio-area school was ordered by a federal judge earlier this week to forbid students from asking audience members to join in prayer or bow their heads at Saturday's graduation.
The lawsuit was filed on behalf of Christa and Danny Schultz, whose son is graduating. The family's suit was being backed by the Washington-based Americans United for Separation of Church and State.
Joe Conn, a spokesman for the organization, declined immediate comment.
The school district's appeal was supported by Texas Gov. Rick Perry, the state's attorney general and conservative groups.
"We're thrilled that the court upheld the rights of students to be able to say prayers and other religious statements in their own capacity," said Hiram Sasser, director of litigation for the conservative Liberty Institute, which filed a motion in support of the school district's appeal.
The Schultzes claimed traditions at graduation, including the invocation and benediction, excluded their beliefs.
U.S. District Judge Fred Biery's original ruling prohibited students from praying at the graduation. Biery instead suggested that students modify their remarks to be "statements of their own beliefs," allow them to make the sign of the cross, wear a yarmulke or hijab, or kneel to face Mecca.
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Stewart Ball reported from Dallas.
