Victory for ACLJ Client, as Court Finds That Teacher Is No Longer Barred From Praying in the Presence of Students

The ACLJ has achieved a win for our client, Staci Barber, who was told by school officials not to pray anywhere a student might see her.

As part of our litigation, the court found yesterday that since the school has updated its policy in response to our demand letter, “[A]t present . . . there is no language in the Employee Handbook that explicitly prohibits praying in the presence of students.” This ruling effectively prevents the school from violating our client’s right to pray even if students might see her.

It is a tremendous win for our client because she can now pray when she desires as this case continues to trial.

As we have shared with you before, our client was hauled into her principal’s office after she had gathered with two friends and fellow teachers to pray at the school flagpole prior to her workday.  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.

Because of our initial legal demand, the school removed some language from its policy. But despite Katy Independent School District’s (ISD) purported attempt to correct its policy, our client was still 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 and make sure our client could pray, we had no choice but to file this major lawsuit on our client’s behalf to protect her right to pray.

In our lawsuit on behalf of this teacher, we sought a preliminary injunction. Yesterday the judge issued an order regarding our request for an injunction. The judge found that there is no imminent danger of our client being banned from praying in the presence of students anymore because “while it is true that the Employee Handbook originally forbade prayer in the presence of students . . . at present . . . there is no language in the Employee Handbook that explicitly prohibits praying in the presence of students.”

Thus, after many months of the school district refusing to stipulate that our client could pray in the presence of students, the court has now ordered it. And if the school punishes her when she resumes praying while students are present, we can come back to the court with this and hold the school accountable. This ruling represents a major win for what we sought in this lawsuit, and the order will help protect our client and others like her at Katy ISD.

This decision represents a significant step forward in protecting our client’s right to pray as this case continues to trial. Please continue to support us in these legal battles.