In the capital

Supreme Court Skips Graduation Sermon Case

A California high school valedictorian who was prohibited from preaching as part of the ceremony at his graduation has failed to persuade the U.S. Supreme Court to intervene in his case.

Chris Niemeyer was co-valedictorian at Oroville High School in 1998. In accordance with school policy, Niemeyer submitted his remarks in advance to school administrators. Officials insisted that the speech be changed when they learned that he planned to encourage students to "accept God's love:' tell classmates that "God seeks a personal relationship with each one of us" and argue that "Jesus wants to be our best friend."

When Niemeyer refused to make any alterations, the high school would not permit him to deliver his speech. Niemeyer promptly filed suit in federal court, arguing that his First Amendment rights had been violated.

A federal district court disagreed and ruled in favor of the school. In October 2000, the U.S. 9th Circuit Court of Appeals also sided with the school, concluding that Niemeyer's remarks amounted to "a religious sermon." If the school had permitted him to go ahead with the speech, the appeals court ruled, it would have amounted to "government sponsorship of, and coercion to participate in, particular religious practices."

On March 5, the high court refused to review Niemeyer v. Oroville Union High School District, allowing the 9th Circuit ruling to stand without comment.

Copyright Americans United for Separation of Church and State Apr 2001
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