‘It’s difficult to get a school district to back down from their position that religion doesn’t belong in schools,’ a First Liberty Institute lawyer said.

Lawyers for a first-grade teacher in Utah are calling for a local school district to again allow her to post an invitation to a voluntary prayer chain in her school’s breakroom, saying that a directive barring her from doing so violates her free-speech and religious rights.

Taryn Israelson, a Christian teacher at J.R. Smith Elementary School near Salt Lake City, started the prayer chain two years ago, allowing people to opt in to be prayed for or to pray for others, according to her lawyers. She posted signs in the faculty lounge after getting approval from human resources and consulting with some of her non-religious co-workers to ensure the language on her signs wasn’t offensive.

Last October, however, when she attempted to post the signs on the two refrigerators in the breakroom, the school’s principal, Alex Judd, told her that she had to take them down because “they’re in everybody’s faces,” according to her lawyers.

On Wednesday, lawyers with the First Liberty Institute, a public interest law firm that defends religious freedom, and the local firm Mayer Brown sent a letter to Wasatch County School District leaders demanding that they rescind the directive and protect Israelson’s free-speech and religious-freedom rights.

“The Supreme Court has repeatedly held that the First Amendment requires school officials to be neutral in their treatment of religion, showing neither favoritism toward nor hostility against religious adherents,” the letter stated.

The school district is “reviewing the concerns outlined in the letter,” spokeswoman Kirsta Albert told National Review in an email on Friday.

The dustup in Utah is the latest example of public schools barring religious expression in their buildings or on their campuses under the belief that allowing it is akin to an endorsement of the religion. Earlier this year, a middle-school teacher in Connecticut sued her school district’s leaders after they prohibited her from posting a small crucifix near her desk while allowing other teachers to post secular images, including cartoon characters and sports pennants. She is also represented by First Liberty.

In 2022, in the landmark Kennedy v. Bremerton School District case, the Supreme Court ruled that a Washington State school district couldn’t bar a football coach from praying with players on the field after games. The district had said he could only pray in private.

Keisha Russell, a First Liberty Institute lawyer, told National Review that many school districts continue to operate under the false understanding — often promoted by the media —  that religious expression must be prohibited in public schools.

“I think the whole idea of ‘the separation of church and state’ has been misused to convince schools that religion shouldn’t be taught, it shouldn’t be acknowledged,” Russell said. “And I think a lot of school districts have just taken that to heart.”

Israelson’s signs read “Need prayer? Want to help pray for others? Text Taryn to be added to the prayer chain.” After Judd ordered Israelson to take them down, she emailed him asking him if they violated a policy or law, according to her lawyers’ letter.

“The faculty lounge is a public space accessible to all faculty and staff,” he replied. “As such, we do not advertise religious beliefs on district-owned property, such as the refrigerator, because the message appears to be endorsed by the District.”

However, the school’s leaders appear to allow staff to post non-religious content on the refrigerators. A photo provided by First Liberty shows that one of the refrigerators had a wedding announcement posted on it, along with an inspirational message: “I am fulfilling my purpose by teaching kids who need me.”

Russell said the district appears to be engaging in viewpoint discrimination, a violation of the First Amendment’s free-speech clause.

“When the school district allows teachers to post things or they’re allowing the teachers to express private expression … they are not allowed to say, ‘Well, you can say everything, but you can’t say anything religious,’” she said.

The district says it is “committed to respecting the constitutional rights of all employees while also ensuring that our policies comply with applicable federal and state laws, including those that govern the separation of church and state,” according to Albert’s email.

Russell said the district has a high burden to prove that Israelson’s speech would lead to a violation of the Constitution’s establishment clause, which bars state-sponsored religion. But, she said, “school districts can be incredibly stubborn.”

In at least three recent cases — Trinity Lutheran Church v. Comer, Espinoza v. Montana Department of Revenue, and Carson v. Makin — the Supreme Court has ruled that the establishment clause doesn’t allow governments to deny public money to religious organizations and schools simply because they are religious.

In Shurtleff v. Boston in 2022, the Court ruled that the city of Boston illegally discriminated against a Christian organization when it barred it from flying a Christian flag at city hall but allowed various secular groups to fly their flags.

Speaking at Catholic University in October, Supreme Court Justice Brett Kavanaugh said the claim that the establishment clause requires government bodies to prohibit religious expression or funding is “a misreading of our history and tradition.”

“It’s difficult to get a school district to back down from their position that religion doesn’t belong in schools,” Russell said. “I just think a lot of people believe that is the law.”