"The Tangipahoa Parish School Board approved a policy Tuesday night that would allow clergy in only 'established' religious congregations in the parish to lead prayers opening School Board meetings." Here's more from the story:
The six-page policy calls for the board secretary to establish a database of those congregations from annual yellow pages listings, the Internet and consultation with local chambers of commerce.
The policy is an attempt by the board to open up to a wide variety of clergy the opportunity to volunteer to deliver invocations on a rotating basis to the School Board.
The policy defines eligible congregations as having “an established presence in the local community of Tangipahoa Parish.”
The board adopted the policy following a recent 5th U.S. Circuit Court of Appeals decision that threw out a February 2005 lower court decision blocking board prayers. The American Civil Liberties Union of Louisiana had sued in October 2003, challenging that type of prayer.
In 2003, the board did not have a policy but has said in court filings it had invocations dating back to the 1970s.
The appeals court decision, however, did not rule on the underlying legal issues but threw out the case on standing, leaving the board open to suit.
There is some suggestion in the story that the board may have thought that the adoption of this policy might make the ACLU reluctant to continue this litigation. It won't. As the article notes, "[t]he parish School Board’s legal battle with ACLU was over whether a 1983 Supreme Court prayer exception for legislative bodies applies to school boards." Accordingly, an ACLU representative said: “It (the litigation) will be back, and this time the court will have to confront the issue of whether or not school boards can commence meetings with legislative prayer.”
Nonetheless, it is interesting to see how the board, with apparent assistance from the Alliance Defense Fund (ADF), crafted this policy and what they believe it achieves. While I don't have a copy of the policy yet, here are a few more details on it from the article. [UPDATE: An ADF press release that includes a link to the policy is here.]