Mississippi Code

Miss. Code Ann. § 37-13-4.1 (2026)

Voluntary prayer at school-related student events

✓ current as of July 2026

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(1) The legislative intent and purpose for this section is to protect the freedom of speech guaranteed by the First Amendment to the United States Constitution, to define for the citizens of Mississippi the rights and privileges that are accorded them on public school property, other public property or other property at school-related events; and to provide guidance to public school officials on the rights and requirements of law that they must apply. The intent and purpose of the Legislature is to accommodate the free exercise of religious rights of its student citizens in the public schools and at public school events as provided to them by the First Amendment to the United States Constitution and the judicial interpretations thereof as given by the United States Supreme Court.

(2) On public school property, other public property or other property, invocations, benedictions or nonsectarian, nonproselytizing student-initiated voluntary prayer shall be permitted during compulsory or noncompulsory school-related student assemblies, student sporting events, graduation or commencement ceremonies and other school-related student events.

(3) This section shall not diminish the right of any student or person to exercise his rights of free speech and religion, including prayer, as permitted by the United States Constitution, on public school property, other public property or other property, at times or events other than those stated in subsection (2) of this section.

(4) The exercise of the rights guaranteed under subsection (2) of this section shall not be construed to indicate any support, approval or sanction of the contents of any such prayer, invocation, benediction or other activity, or be construed as an unconstitutional use of any public property or other property by the State of Mississippi or any agency, department, board, commission, institution or other instrumentality thereof or any political subdivision of the state, including any county or municipality and any instrumentality thereof. The exercise of these rights on public school property, other public property or on other property for school-related activities, by students or others, shall not be construed as the promotion or establishment of any religion or religious belief.

(5) The provisions of this section are severable. If any part of this section is declared invalid or unconstitutional, that declaration shall not affect the part or parts that remain.

Laws, 1994, ch. 609, § 1, eff. 7/1/1994.

Notes of Decisions

Cited in 2 cases, 1997–1997 · leading case: Chandler v. James, 958 F. Supp. 1550 (M.D. Ala. 1997).

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Chandler v. James, 958 F. Supp. 1550 (M.D. Ala. 1997). “[19] Nevertheless, the court found that the statute was not enacted for a secular purpose.”

Chandler v. James, 958 F. Supp. 1550 (M.D. Ala. 1997). “The statute at issue in Ingebretsen, Miss.Code Ann. § 37-13-4.1, contained a statement of legislative purpose which was almost a verbatim copy of the statement quoted above.”

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