Victory! Court Rejects Left’s Attempt To Prevent Teacher From Praying

In a major win for religious liberty, a district court has allowed our lawsuit on behalf of Katy Independent School District (KISD) teacher Staci Barber to move forward. In doing so, the judge denied the school district’s attempt to dismiss our lawsuit. We are representing Ms. Barber, who is a Christian, in challenging policies that restricted her ability to engage in prayer on school grounds.

The recent ruling in Barber v. Katy Independent School District represents a crucial step forward in protecting the First Amendment rights of teachers and is one of the first significant cases implementing the U.S. Supreme Court’s landmark decision in Kennedy v. Bremerton School District (2022).

As we have shared with you before, our client was hauled into her principal’s office after she had gathered with fellow teachers to pray at the school flagpole for See You at the Pole Day prior to her workday, when she was off the clock and off duty. The principal told them that it was against the law for the teachers to pray publicly where students could see them. He wouldn’t even let them pray in the parking lot, as students could see them pray there. Principal Bryan Scott Rounds explicitly told Ms. Barber that she could not “pray in the presence of students” and was only permitted to pray “privately away from students.”

Ms. Barber, who had previously hosted a weekly Bible study with other teachers before school hours, was told that even though the prayer event was before school hours, she was “on campus visible to students” in her role as an employee. This directive forced her to cease her religious activities at the school out of fear of disciplinary action. Our client was unable to engage in any prayer in the presence of students or to pray publicly, even off the clock, when she was on school grounds. When the school did not respond to our repeated attempts to get this policy corrected, we had no choice but to file this major lawsuit.

The Court’s Decision

In a powerful affirmation of religious liberty, U.S. District Judge Alfred H. Bennett rejected the school district’s motion to dismiss Barber’s claims. The court specifically held that our complaint sufficiently alleged that the school district’s categorical prohibition on prayer “in the presence of students” directly contradicts the Kennedy ruling.

The judge’s ruling recognized that, according to our complaint, the school principal’s actions weren’t merely about a single event but represented a broader prohibition on a teacher’s right to engage in personal religious expression. Principal Rounds categorically told Barber she could not pray “in the presence of students.”

This case reinforces the importance of the Supreme Court’s decision in Kennedy, which held that it was unconstitutional for a school district to discipline a football coach for engaging in prayer on the field after games. Judge Bennett specifically noted that Kennedy “serves as an on-point case that clearly establishes that it is a violation of the First Amendment for a school to instruct its employee that she cannot pray in the presence of students.”

Importantly, the court rejected the principal’s claim of qualified immunity, which would have shielded him from personal liability. The court determined that the constitutional right to engage in personal religious expression is clearly established under Kennedy, meaning school officials should have known better than to prohibit Ms. Barber’s prayer. Qualified immunity can be a major obstacle to holding government officials accountable, and the rejection of that argument represents a major victory in this case.

The judge also concluded that we alleged sufficient facts to show that it was a policy of the school district that led to the violation of Staci Barber’s rights. Principal Rounds’ emails explicitly stated that “Board Policy prohibits staff members from leading students in prayer or praying with or in the presence of students” and “per district School Board policy, employees CANNOT pray with or in the presence of students.” The court concluded that we have alleged facts demonstrating that the school board has ratified the Employee Handbook that prohibited prayer in the presence of students. At minimum, the Employee Handbook, rife with KISD logos, has the official imprimatur and blessing of the school district. The court concluded: “As such, the Court finds that Plaintiff has sufficiently alleged that her constitutional rights were violated in accordance with an official policy that was promulgated or ratified by the KISD Board.”

The court also allowed other claims we brought on behalf of Ms. Barber, such as a supplemental claim under the Texas Constitution, to continue to proceed, recognizing the burden on our client’s rights to carry out her faith.

Our Continued Fight

This decision sends a clear message to school districts across the nation: Policies that categorically prohibit teachers from engaging in personal religious expression, even when not on duty or actively instructing students, violate the First Amendment. The ruling affirms that teachers do not surrender their constitutional rights when they enter the schoolhouse gates.

This victory is just one step in our ongoing battle to protect religious liberty in our nation’s schools. As we’ve seen time and again, aggressive secularists continue to target people of faith, particularly Christians, in an attempt to eliminate all religious expression from the public square.

We will continue to stand ready to defend the constitutional rights of teachers, students, and all Americans who seek to live out their faith without government interference. As this case demonstrates, when we stand firm and fight back against unconstitutional policies that target religious expression, we can prevail. The precious freedoms enshrined in our Constitution are worth defending, and we remain committed to that sacred cause.