Santa Fe Independent School Dist. v. Doe, 530 U.S. 290, 16 (2000)

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Cite as: 530 U. S. 290 (2000)

Opinion of the Court

submitted to vote; they depend on the outcome of no elections," West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624, 638 (1943), the District's elections are insufficient safeguards of diverse student speech.

In Lee, the school district made the related argument that its policy of endorsing only "civic or nonsectarian" prayer was acceptable because it minimized the intrusion on the audience as a whole. We rejected that claim by explaining that such a majoritarian policy "does not lessen the offense or isolation to the objectors. At best it narrows their number, at worst increases their sense of isolation and affront." 505 U. S., at 594. Similarly, while Santa Fe's majoritarian election might ensure that most of the students are represented, it does nothing to protect the minority; indeed, it likely serves to intensify their offense.

Moreover, the District has failed to divorce itself from the religious content in the invocations. It has not succeeded in doing so, either by claiming that its policy is " 'one of neutrality rather than endorsement' " 16 or by characterizing the individual student as the "circuit-breaker" 17

in the process. Contrary to the District's repeated assertions that it has adopted a "hands-off" approach to the pre-game invocation, the realities of the situation plainly reveal that its policy involves both perceived and actual endorsement of religion. In this case, as we found in Lee, the "degree of school involvement" makes it clear that the pre-game prayers bear "the imprint of the State and thus put school-age children who objected in an untenable position." Id., at 590.

The District has attempted to disentangle itself from the religious messages by developing the two-step student

dent body president, or even a newly elected prom king or queen." Post, at 321.

16 Brief for Petitioner 19 (quoting Board of Ed. of Westside Community Schools (Dist. 66) v. Mergens, 496 U. S. 226, 248 (1990) (plurality opinion)).

17 Tr. of Oral Arg. 7.

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