Nick Wooten

Shreveport Times

Six national organizations now accuse Bossier Parish schools and the Louisiana High School Athletic Association of violating the First Amendment over prayer and student protests during the national anthem at school events.

The organizations — American Atheists, Center for Inquiry, Freedom from Religion Foundation, American Humanist Association, Secular Student Alliance and Secular Coalition for America — sent letters Oct. 5 asserting the violations.

The letters were sent to Bossier Schools Superintendent Scott Smith and Eddie Bonine, executive director of the LHSAA.

"Our organizations represent the atheist, agnostic, humanist, and other non-believer communities in the United States," the letter states. "We stand for the protection of the freedom of speech of the students concerned, as well as the need for the preservation of the wall of separation between church and state — two cornerstones of our freedoms."

The LHSAA said it has not, and cannot, violate the First Amendment because it does not have authority over school districts' policy and procedures.

The Bossier schools superintendent had not officially responded to the organizations as of Thursday. But Scott did issue a statement saying the district would not bend to outsiders trying to establish secular approaches for Bossier Parish.

The letters were prompted by events in late September surrounding potential national anthem protests in Bossier Parish.

Smith said in a Sept. 27 statement tied to national anthem protests by National Football League players that Bossier athletes would stand during the anthem before games or face consequences.

"Freedom is not free," Smith said in that statement.

Any punishment for protesting, Smith said then, would be left to individual schools. The next day, Parkway High Principal Waylon Bates sent a letter to athletes and parents saying that players who failed to stand during the national anthem would lose playing time and may be removed from teams.

The groups asserted in the letters to Bossier Schools and the LHSAA assert that Smith's approach undermines a student's right to expressive speech.

"The right of an individual, child or adult, to speak his or her mind on matters of public concern is unassailable, whether in the classroom or on the athletic field," the letter reads.

The potential for students to be punished for their speech also drew the groups' ire.

The group argues that the Bossier Parish School District, the LHSAA and the Louisiana School Board Association, which also advised that punishment was up to school districts, have a responsibility to honor students' right to protest.

"Retribution against an individual for peacefully exercising that right in a non-disruptive manner strikes at one of the fundamental pillars of a free society," the letter reads. "Punishing students for speaking their minds runs counter to one of the main objectives of our public schools: training our children to become active participants in a free society."

Also at issue is a student-led Christian prayer before the Sept. 29 game between Parkway and Airline high schools. In the prayer, the student thanked Jesus at the end of her message, according to The Washington Post.

"The Supreme Court has been clear that religious activities like this ... constitute an endorsement of religion which violates the Establishment Clause of the First Amendment," the letter reads, citing a case where the U.S. Supreme Court barred a public high school in New Mexico from holding student-led, student-initiated invocations at football games.

"We therefore request that you send us a copy of the school district's policy regarding prayers at school events, including athletic contests," the letter reads. "If the district has no such policy, it is imperative that one be developed which respects both the United States Constitution and the rights and dignities of all students, including atheist, agnostic, other non-believing, and minority-faith-holding ones."

The organizations made three requests: Any policies infringing on a student's right to peacefully protest be rescinded; student athletic contests not have religious ceremonies; and governing bodies like the LHSAA implement policy that protects students' constitutional rights instead of allowing schools to make individual decisions.

The LHSAA responded Oct. 9 in a letter by Mark Boyer of the law firm Boyer, Hebert, Abels & Angelle, saying the organization did nothing to violate the First Amendment.

"The LHSAA exercises no authority over ... individual school district's policies and procedures," the LHSAA said in its response.The groups are reviewing the LHSAA's response and intend to follow up, said Sam Grover, associate counsel with Freedom from Religion Foundation.

While Bossier schools have not responded formally to the groups, Smith, the superintendent, said in a statement this week to The Times that the district would not change its stance on prayer and the national anthem.

"The letter from the American Atheists and its co-signers has been forwarded to our attorneys for review," he said. "However, until we are instructed by a higher authority to reverse our district's stance, we stand firm.

"A letter from groups whose goal is to establish a secular society void of traditional values does not come close to reflecting the ideals held in Bossier Parish and will not affect our stance whatsoever."

Bossier Schools has drawn the attention of First Amendment hawks before on church-state separation issues.

In the fall of 2015, Bossier schools faced complaints from the American Civil Liberties Union over a student group's plan to place "prayer boxes" at Airline High School.

And Americans United for Separation of Church and State wrote to the district Sept. 1 to object to student-led prayers at Benton High's May 20 graduation. The district has issued a formal response to Americans Untied, according to Americans United staff attorney Ian Smith.

Staff writer Roy Lang III contributed to this report.