On Monday, November 27, 2017 the U.S. Supreme Court declined to take up a case that centered on prayers before school board meetings. The Court’s denial, without comment, has thus left continuing uncertainty over the constitutionality of such practice.

The case, American Humanist Association v. Birdville Independent School District, saw a former student from the Birdville, TX school district and the Washington-based humanist group seeking review of a decision by the U.S. Court of Appeals for the 5th Circuit, which upheld the school district’s policy of permitting students to lead prayers before school board meetings.

Back in 2014, in Greece v. Galloway, the US Supreme Court upheld the practice of a town in New York state that opened its municipal meetings with prayers. The Court held that the town does not violate the First Amendment’s prohibition of government establishment of religion by having a prayer “that comports with our tradition and does not coerce participation by non-adherents.”

What is still up for debate is whether school boards are considered to be akin to general municipal governing bodies like town councils and county boards, or whether school boards are similar to schools, which would trigger church-state considerations. In its ruling, the 5th Circuit categorized the Birdville school district as being akin to the town of Greece, NY.