You are an attorney in the office of the University Legal Counsel. Your boss, the Legal Counsel, has just given you the following file. She requests that you prepare the written opinion that she will provide to President McBee. Prepare the opinion.

THE UNIVERSITY OF KATAHDIN

To: University Legal Counsel

From: President Susan McBee

Re: Request to Open Athletic Banquet with a Prayer

Dear Counselor:

I've got a tough one for you. During my weekly Presidential Open Hour I was visited by two student athletes who are part of the student advisory committee for next month's Athletic Banquet. They politely, but strongly, requested that the Banquet be opened with what they called a “nondenominational prayer.” I'm a soil scientist by training, but I do know from various Presidential Conferences that this is a sensitive issue for a public university like UK. There is also a legal dimension to it. I explained this to the students and promised I would get them an answer as soon as possible.

I need your advice in writing on this one. If the law provides a clear answer, I'd like to be able to quote that to the students and to any others with an interest in the issue. If the law doesn't provide a clear answer (and I've been around long enough to know that is often the case), I need your guidance as to how I should exercise my choice.

I have high respect for the two students. They are both fine scholars and probably headed for graduate or professional school. I don't want to blow them off on this.