Since the inception of the football program, the school’s tradition of praying over the loudspeaker before football games has never been broken, until now. Before kick-off, players, coaches, and fans pause as a student, parent, or faculty member offers a short prayer over the loudspeaker—the only way players and their parents can unite in prayer in a stadium.
In the fall of 2015, the CCS Lancers won their way to the state football championship for the Florida High School Athletic Association (FHSAA) 2A division. The game was scheduled for Friday, December 4, 2015 at the Citrus Bowl in Orlando, Florida, where the Lancers would face off against University Christian School.
Since both of the Christian schools had a tradition of pre-game prayer, CCS asked to use the loudspeaker to offer a prayer in the cavernous stadium before kick-off at the championship game. The FHSAA denied the request, forbidding the schools from praying over the loudspeaker. The association argued that somehow this could be viewed as an endorsement of religion since the Christian schools would be praying on government property.
The football players, coaches and fans were devastated by the FHSAA’s decision.
Jacob Enns said, “We were really excited to play in the championship game. It’s been our tradition to pray ever since I’ve been on the team. But then they said we couldn’t pray and our tradition was ruined. It was so disappointing.”
First Liberty attorneys sent a demand letter to FHSAA behalf of Cambridge Christian School on January 26, 2016, arguing that the FHSAA violated CCS’s rights as a religious institution.
On September 26, 2016, First Liberty attorneys, along with concerned parents and teachers, appeared at an FHSAA board meeting and asked the FHSAA to adopt a policy that would respect the religious freedom of students across the state of Florida. The FHSAA declined to take action, so on September 27, First Liberty Institute along with the volunteer law firm of Greenberg Traurig filed a lawsuit against the FHSAA. Read the lawsuit.
“By banning the pre-game prayer over the loudspeaker, the FHSAA sent a message to these students that prayer is wrong and something you should be ashamed of. That is dangerous and unconstitutional,” said Hiram Sasser, General Counsel for First Liberty.
On February 3, 2017, a Tampa district magistrate issued a “report and recommendation,” stating the two Christian schools cannot pray over the loudspeaker at the Citrus Bowl. Read the report and recommendation.
“First they told us public schools cannot pray over the loudspeaker. Now they say two private Christian schools cannot pray over the loudspeaker. When will this assault on free speech stop?” Sasser asked. “We will appeal this ruling and continue to fight against this incredible assault on the First Amendment.”
On October 20, 2017, attorneys with First Liberty Institute and Greenberg Traurig filed a brief before the U.S. Court of Appeals for the Eleventh Circuit on behalf of Cambridge Christian School. Oral arguments at the Eleventh Circuit took place in September of 2018. In November 2019, the Eleventh Circuit ruled that Cambridge Christian School’s argument that its free speech and free exercise rights were violated have merit and should proceed. But in 2022, the U.S. District Court for the Middle District of Florida issued a decision affirming the FHSAA rule prohibiting two Christian schools from praying over the loudspeaker.
In August 2022, Attorneys with First Liberty Institute and the law firms Boies Schiller Flexner LLP, Winston and Strawn, LLP, and Jones Day filed an appeal with the U.S. Court of Appeals for the Eleventh Circuit on behalf of Cambridge Christian School (“CCS”) asking the court to reverse the lower court’s decision.
“The Constitution protects the best of our traditions, like prayer before a sporting event, from censorship,” said Jeremy Dys, Senior Counsel for First Liberty Institute. “In the name of the First amendment, the FHSAA would have us ignore it. Rather than respect the First Amendment’s double protection for religious expression, the lower court would have us silence it. We hope the Eleventh Circuit will correct the lower court’s decision by reminding us all that the Constitution protects religious speech, even when it occurs on government property.”
Jesse Panuccio, attorney with Boies Schiller Flexner LLP added, “The Supreme Court has repeatedly held that the state cannot discriminate against religion by feigning concern that accommodation equals endorsement of religion. The FHSAA has forced Cambridge Christian to fight for seven years to vindicate its constitutional rights. On appeal, we believe the school, and the Constitution, will prevail.”
News Release
For Immediate Release: 8.9.22
Contact: Peyton Luke, media@firstliberty.org
Direct: 972-941-4453
Christian School Appeals Court Decision Prohibiting Prayer Over Loudspeaker at State Championship Football Game
Attorneys appeal to Eleventh Circuit on behalf of Cambridge Christian School, arguing recent U.S. Supreme Court decisions, including the Coach Kennedy case, protect pre-game prayer
Tampa, FL—Attorneys with First Liberty Institute and the law firms Boies Schiller Flexner LLP, Winston and Strawn, LLP, and Jones Day filed an appeal with the U.S. Court of Appeals for the Eleventh Circuit on behalf of Cambridge Christian School (“CCS”) asking the court to reverse a decision by the U.S. District Court for the Middle District of Florida that allowed the Florida High School Athletic Association (“FHSAA”) to prohibit two Christian schools from praying over the loudspeaker prior to a state championship game.
You can read the brief here.
“The Constitution protects the best of our traditions, like prayer before a sporting event, from censorship,” said Jeremy Dys, Senior Counsel for First Liberty Institute. “In the name of the First amendment, the FHSAA would have us ignore it. Rather than respect the First Amendment’s double protection for religious expression, the lower court would have us silence it. We hope the Eleventh Circuit will correct the lower court’s decision by reminding us all that the Constitution protects religious speech, even when it occurs on government property.”
Jesse Panuccio, attorney with Boies Schiller Flexner LLP added, “The Supreme Court has repeatedly held that the state cannot discriminate against religion by feigning concern that accommodation equals endorsement of religion. The FHSAA has forced Cambridge Christian to fight for seven years to vindicate its constitutional rights. On appeal, we believe the school, and the Constitution, will prevail.”
In 2015, the Florida High School Athletic Association forbade First Liberty Institute client Cambridge Christian School from praying over the loudspeaker at the Citrus Bowl ahead of the state championship football game. The FHSAA suggested that because the stadium was city-owned and the FHSAA is a state agency, it would violate the Establishment Clause of the Constitution to allow two private Christian schools to pray over the public address system for less than a minute
Today’s brief states, “Kennedy. Carson. Shurtleff. Fulton. Espinoza. Masterpiece Cakeshop. Trinity Lutheran. In recent years, the Supreme Court has emphatically reaffirmed that the government may not discriminate against religious practice and speech, and that a ‘government entity’s concerns about phantom constitutional violations’ do not ‘justify actual violations of an individual’s First Amendment rights.’ Yet the Florida High School Athletic Association (FHSAA), a state actor, continues to defend a policy that impermissibly discriminates against the religious practices and expression of its member schools. Specifically, in 2015, FHSAA reversed its prior position and announced that when two religious schools play in the state championship football game, they are prohibited from using the stadium loudspeaker for pre-game prayer (the “Prayer Ban”). FHSAA offered only one reason for this ban: prayer over the loudspeaker could be ‘viewed as [FHSAA] endorsing or sponsoring religion.’ That rationale is eviscerated by the aforementioned cases, which explain that the Establishment Clause is a complement to, not a restriction on, free exercise.”
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Peyton Luke at media@firstliberty.org or by calling 972-941-4453.
11/13/19 – Eleventh Circuit Opinion
10/20/17 – First Liberty Opening Brief
01/26/16 – First Liberty Demand Letter
Video Credit: Polyphonic Image, courtesy of First Liberty
Photo Credit: Beth Dare Photography, courtesy of First Liberty
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