After coming under withering and relentless criticism, Oklahoma Secondary School Activities Association (OSSAA) reversed course Wednesday unanimously approving a new policy at its board meeting that allows for a moment of silence before playoff games.

The new policy, approved by the group that oversees high school sports in the state, backtracks from OSSAA’s previous stance prohibiting prayer by students over the public address system prior to playoff contests. While the new policy doesn’t specifically allow for spoken prayers, it does “permit persons at the event to reflect, mediate, pray or engage in any other silent activity that does not interfere with, distract or impede other persons at the event in the exercise of their individual choices during” the moment of silence.

Following OSSAA’s vote Wednesday establishing a new policy, State Rep. Bobby Cleveland’s office issued a statement in support of the change.

“I am glad that the OSSAA was willing to consider the Attorney General’s opinion and that common sense prevailed in this case,” Cleveland said in the statement. “This is a win for religious freedom and our Oklahoma values.”

However, not everyone is in support of the new policy. Officials from the Freedom of Religion Foundation believe the OSSAA is using a loophole to get around the Supreme Court decision.

“I’m sorry to see this because the principal has been that if the purpose behind something is for prayer, the Supreme Court had originally said that’s a no no,” said Freedom From Religion Foundation co President Annie Laurie Gaylor. “We are seeing it slide away from that rule. I feel that this is crossing a line. We’re please that they understand you can’t have public prayer over the address system, but it’s kind of ridiculous because what else are you going to do during this moment of silence. What are you supposed to be doing? Texting each other. It’s obviously kind of nudging students to the assumption that officials think you might want to pray before a game.”  

The OSSAA’s old policy was put into effect in 1992. It prohibited publicly recited prayers at playoff games and championship events. The OSSAA revised the policy in June to comply with a 2000 U.S. Supreme Court decision.

It had been OSSAA’s position, which it re-stated over the summer, that student-led public prayer prior to prep playoff games (over which OSSAA has jurisdiction) was in violation of U.S. Supreme Court decisions and would be in violation of the Establishment Clause in the First Amendment of the U.S. Constitution.

The ban had been roundly criticized by legislators and was called “constitutionally over-broad” in a formal, non-binding opinion issued by Oklahoma Attorney General Scott Pruitt in October at the request of Cleveland (R-Slaughterville). Shortly after Pruitt’s opinion, OSSAA indicated it would take it under review.

The debate over conducting any type of prayers during school sanctioned activities has become a hot button issues. Late last month Bremerton, Washington High football coach Joe Kennedy was put on paid leave for ignoring his district rules that prevent prayer at sporting events when he held postgame prayers.

“While the District appreciates Kennedy’s many positive contributions to the BHS football program, and therefore regrets the necessity of this action,” the Bremerton School District said in a statement, “Kennedy’s conduct poses a genuine risk that the District will be liable for violating the federal and state constitutional rights of students or others. For this reason, Kennedy will not be allowed to further violate the District’s directives.”

In October, the OSSAA said in a release that it contacted several other state associations and 39 out of 40 had the same position they are clinging to in this regard.

The new policy also was greeted positively by Enid, Oklahoma head football coach Steve Hayes.

“I think that’s great,” Hayes said. “Even from a non-religious standpoint, it’s part of the culture of the game and closely intertwined with it. I think that’s why there was a lot of pushback. I think that even invokes emotions from people who aren’t necessarily religious and just didn’t feel right for those kids.”

The new policy will require the following announcement before a moment of silence: “We will now recognize a moment of silence so that you may, if you choose, reflect, mediate, pray or engage in other silent activity. Please be respectful of others during this moment of silence.”

The opening round of the high school football playoffs begin this Friday.

Ruthenberg writers for The Enid (Okla.) News