Reply to Prayer in secular daycare?

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Reply to "Prayer in secular daycare?"

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[quote=Anonymous][quote=Anonymous]If this is a private organization, they have a right to define “secular” as they please.  You have a right to take your child out.  If you have a contract, you possibly could break it over this.  They are, however, under no obligation to obey your definition of “secular”.  You can try to negotiate with them (e.g., reword the prayer), but they are under no obligation to accede to your demands.[/quote]

Well, words do have meaning.  I am not sure you can could call a place that has prayers to Jesus "secular."  But, I would assume this center is not affirmatively advertised as secular.  Rather, there is likely simply no mention of religion at all and OP therefore assumed, not completely unreasonably, that it was a "secular" center.  In the latter case, I agree she really wouldn't have a contract based claim to force the daycare to change.  I think she would have a decent argument that she should be able to remove her kid without penalty -- and would hope the center wouldn't fight her on that -- but it wouldn't be clear cut.

If the center really did specifically advertise itself as secular, I think she would have a much stronger case.  She should certainly be able to remove her kid without penalty.  I don't know that she could get (from a legal or practical matter) specific performance to force the center to change/eliminate the prayer, but she would have a decent argument on a breach of contract claim.  I'm not sure how you would calculate damages and if you ever reached this point, it would probably be better for everyone to go their separate ways.

More fundamentally, I don't think anyone was thinking about this from the legal perspective.  Rather, people were looking at it from what is right and reasonable in a lay sense.[/quote]

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