Question
Abilene Christian School and Community Christian School are scheduled to meet in the Florida State High School football state championship game played at the Citrus
Abilene Christian School and Community Christian School are scheduled to meet in the Florida State High School football state championship game played at the Citrus Bowl in Orlando, FL. Both schools are private, religious schools and the venue is a publicly-owned facility. Both schools submit an advanced request to the Florida High School Athletic Association (FHSAA) to pray over the loudspeaker during pre-game activities. The FHSAA denied this request, citing the Establishment Clause and honoring the separation of church and state. Both schools file suit against the FHSAA, claiming their rights to free speech and free exercise were violated.
- To what extent should an individual(s) and/or faith-based organization expect to be accommodated and/or Constitutionally-protected when desiring to exercise their private citizen rights (i.e., Freedom of Expression) within the public sphere of athletics (i.e., Establishment Clause)?
- What are the best practices for state actors, such as the FHSAA, to accommodate and/or protect citizen's and/or organization's Free Exercise rights without over-stepping and violating Establishment Clause protections?
- Which side should prevail in this case, and why? Support your reasoning with a sound legal argument.
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