Santa Fe Independent School Dist. v. Doe, 530 U.S. 290, 9 (2000)

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298

SANTA FE INDEPENDENT SCHOOL DIST. v. DOE

Opinion of the Court

student to say a prayer at football games." Id., at 65. A week later, in a separate election, they selected a student "to deliver the prayer at varsity football games." Id., at 66.

The final policy (October policy) is essentially the same as the August policy, though it omits the word "prayer" from its title, and refers to "messages" and "statements" as well as "invocations." 5 It is the validity of that policy that is before us.6

5 Despite these changes, the school did not conduct another election, under the October policy, to supersede the results of the August policy election.

6 It provides: "STUDENT ACTIVITIES: "PRE-GAME CEREMONIES AT FOOTBALL GAMES "The board has chosen to permit students to deliver a brief invocation and/or message to be delivered during the pre-game ceremonies of home varsity football games to solemnize the event, to promote good sportsman-ship and student safety, and to establish the appropriate environment for the competition. "Upon advice and direction of the high school principal, each spring, the high school student council shall conduct an election, by the high school student body, by secret ballot, to determine whether such a statement or invocation will be a part of the pre-game ceremonies and if so, shall elect a student, from a list of student volunteers, to deliver the statement or invocation. The student volunteer who is selected by his or her classmates may decide what message and/or invocation to deliver, consistent with the goals and purposes of this policy. "If the District is enjoined by a court order from the enforcement of this policy, then and only then will the following policy automatically become the applicable policy of the school district. "The board has chosen to permit students to deliver a brief invocation and/or message to be delivered during the pre-game ceremonies of home varsity football games to solemnize the event, to promote good sportsman-ship and student safety, and to establish the appropriate environment for the competition. "Upon advice and direction of the high school principal, each spring, the high school student council shall conduct an election, by the high school student body, by secret ballot, to determine whether such a mes-

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