Nevada Prayer in Public Schools Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
In the constant push and pull between government and religion, one of the central areas of overlap is public school. The big question being, are children allowed to pray in public schools? And, if so, are public schools allowed to lead students in prayer?
Silver State parents, schools, legislators, and even courts all have their own opinions on the matter, so how has the state’s legal system sorted out when, where, and how prayer is allowed in public schools? This is a quick introduction to prayer in public school laws in Nevada.
Prayer in Public Schools
When it comes to the question religious prayer in public schools, the Constitution itself appears split on the issue. On one hand, the Freedom of Speech Clause of the First Amendment prohibits the government (and by extension, state-funded public schools) from interfering with the free exercise of religion. On the other hand, the First Amendment’s Establishment Clause also prohibits the government (and again, state-funded schools) from establishing or sponsoring any specific religion.
States have attempted to balance this issue by enacting varied prayer in public schools laws, and many of these statutes have faced significant legal challenges. Along with many other states, Nevada allows schools to provide for a period of silence, during which students may silently reflect, meditate, or pray if they wish.
Prayer in Public Schools Laws in Nevada
Nevada’s prayer in public schools statutes are listed in the table below.
Applicable Code Section
Nevada Statutes 388.075: Period of Silence
What is Allowed?
Silent period for voluntary individual meditation, prayer, or reflection
While the debate regarding what the kinds of religious activities allowed in public schools continues, it seems that Nevada’s school prayer statute is on solid legal ground. Passed in 1977, it adheres to the Supreme Court’s directive that schools can permit students to pray in public schools, as long as the prayers are not school-sponsored and do not interfere with other students’ schoolwork. These “moment of silence” laws have generally been found to properly balance the state’s obligation to refrain from endorsing any specific religion while also refraining from interfering with the free exercise of religion.
Related Resources for Nevada Prayer in Public Schools Laws
State laws balancing the relationship between public schools and religion continue to evolve. You can consult with a Nevada education attorney in your area if you would like legal assistance regarding a school prayer matter. You can also visit FindLaw's section on Religion at School for additional articles and information on this topic.
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