Prayer Rooms in Public Universities

[Eric Treene]

I don't know that the Equal Access Act would apply to a room being set
aside for a prayer room (as opposed to giving equal access for prayer to
a room used for student activities).  However, chapels and prayer rooms
in government buildings have been consistently upheld  and I don't know
of any cases to the contrary.  Below is an excerpt from an amicus brief
we did on accommodation of Native Americans that involved setting aside
property for private religious practices.

"Government designation of its property as a space for private prayer
has been consistently upheld.  See Van Zandt v. Thompson, 839 F.2d 1215
(7th Cir. 1988) (upholding resolution by the Illinois House of
Representative setting aside a former hearing room in the Capitol as a
"prayer room"); Hawley v. City of Cleveland, 24 F.3d 814 (6th Cir. 1994)
(leasing space in airport for chapel "accommodates the religious needs
of travelers" and a "reasonable observer would not conclude that the
city endorses religion by allowing the diocese to maintain the chapel");
Brashich v. Port Authority of New York and New Jersey, 791 F.2d 224, 226
(2d Cir. 1980) (upholding leases for express purpose of constructing
chapels at JFK airport)."

    Similarly, chapels on military bases and public hospitals are
commonplace.  While I don't have any cases involving these chapels,
there are plenty of cases out there upholding the validity of military
and hospitals chaplaincy programs. See Katcoff v. Marsh, 755 F.2d 223
(2d Cir. 1985)(military chaplaincy program does not violate the
Establishment Clause); see also Murphy v. Derwinski, 990 F.2d 540, 547
(10th Cir. 1993) ("Government chaplaincy programs have been upheld in
the face of Establishment Clause challenges."); Carter v. Broadlawns
Medical Center, 857 F.2d 448 (8th Cir. 1988), cert. denied, 489 U.S.
1096 (1989) (county hospital's hiring of chaplain did not violate the
Establishment Clause).

Eric Treene

Jonathan Lipson wrote:

>         A member of my faculty has expressed chagrin that we (a
> state school) would have a "prayer" room, open to all.  To
> paraphrase:  "a prayer room assumes a deity, and god has no
> place in a public university."
>
>         Putting to one side the first part of his analysis, can
> someone (i) quickly refer me to the Federal equal access statute
> that permits religious groups to used public school facilities;
> (ii) tell me whether it would apply to a public university;
> and/or (iii)  given me any insight into the merits of this
> argument? I think it is wrong, but this is beyond my area of
> expertise.  I'd like to be able to set the record straight, if
> possible.
>
>         Please feel to reply on or off line
> (jlipson at ubmail.ubalt.edu).
>
>         Thanks.
>
> Jonathan C. Lipson
> Assistant Professor of Law
> University of Baltimore School of Law
> 1420 North Charles Street
> Baltimore, MD 21201
> (410-837-4054)



--
Eric W. Treene
The Becket Fund for Religious Liberty
1350 Connecticut Ave., N.W.
Suite 605
Washington, D.C.  20036
(202) 955-0095