Constitutional protections of student's rights to gather and pray:

Some people believe that SYATP events at a public school are prohibited by the principle of separation of church and state. There is a widespread belief that public schools are religion-free zones, and that prayer is prohibited. This is definitely not true. State imposed prayers are unconstitutional. But most student-led prayers are not only constitutional, but are considered a form of speech protected by the U.S. Constitution.

The 1^st Amendment to the U.S. Constitution guarantees freedom of religious expression. It also guarantees freedom from the imposition of religion by the government...including public schools.

The first phrase of the Amendment is the establishment clause. It states: "Congress shall make no law respecting an establishment of religion..." The courts have interpreted this clause as requiring a separation between church and state. That is, the government (and by extension public school administrations) may not promote one religion over another. Nor may it promote a religiously based life over a secularly based life. Thus school teachers, principals and boards cannot organize a SYATP event.

The following phrase "Congress shall make no law...prohibiting the free exercise thereof... is called the "free exercise" clause; it guarantees freedom of government intrusion into personal religious beliefs and practices for persons of all ages, everywhere in the country. Students do not give up their rights when they enter their school's campus. Students have the right to sponsor, organize and conduct a SYATP event if it is outside normal classroom hours and is not disruptive. They also have the right to pray before meals, pray on school busses, bring a Bible to school etc. If there are any non-curriculum special interest groups at school, like science clubs, environment clubs, etc., then students may organize Bible study groups and have access to intra-school advertising equal to what the other groups receive.

In 1988, 200 Americans of widely varying religious backgrounds signed the Williamsburg Charter reaffirming their belief in the importance of the First Amendment. In 1995, President Clinton delivered a speech on religious freedom which described the benefits derived from that amendment. More details on the 1st Amendment are available. 

The See You at the Pole (SYATP) website has a list of conservative Christian legal organizations which make constitutional information available supporting students' legal rights to hold these meetings: American Center for Law and Justice, Christian Legal Society, National Legal Foundation and the Rutherford Institute. The American Civil Liberties Union is probably the most active civil rights organization in the U.S. which supports the religious rights of students. ₄ The SYATP website does not include the ACLU in its list. 

The American Center for Law and Justice has published a letter directed at school principals, superintendents or parents which explains the "free speech rights of students on their public school campuses, particularly the right of students to gather for prayer at the upcoming national 'See You at the Pole' event on September 15, 1999." They conclude that the school many not prohibit a SYATP event if it is conducted in a "non-disruptive manner, during non-instructional time, either before or after school, at lunchtime, or any other "free" time when students are permitted to talk and mingle with peers on campus." ₅ The ACLJ sent a letter to each school district in Texas on 1999-SEP-7 affirming students' rights. ₇ This letter appears to have been motivated by a concern that a recent Fifth Circuit court decision might be interpreted too broadly by some school districts. That decision (Doe v. Santa Fe Independent School District, 168 F.3rd 806 [5th Cir. 1999]) prohibited school-sponsored student prayer activity at sporting events. School-sponsored student prayer is prohibited by the constitution; student-sponsored student prayer is free speech protected by the constitution.