Q: The holidays are coming up, but we really can’t start breakfast at our son’s high school with a prayer, even one with no reference to any particular religious figure, gender or otherwise?— W.L., Rancho Palos Verdes

A: The Establishment Clause of the U.S. Constitution prohibits state-sponsored prayer in the public school setting, no matter how nondenominational the prayer may be. The Establishment Clause, part of the First Amendment to the Constitution, states, “Congress shall make no law respecting an establishment of religion. …” This language is followed by the statement “or prohibiting the free exercise thereof.” Some ask if these phrases are actually compatible.

In any event, students in public school may voluntarily (individually) engage in prayer, which is not forced on them, if it does not substantially disrupt the educational mission and activities of the public school. For example, students can say a blessing before eating a meal. Students also have a First Amendment right to (among other things) talk about their religious beliefs.

Still, in our country, the limitations on prayer in public schools can be difficult for many to accept.

Q: Is it actually OK to have “In God We Trust” on paper money? — R.N., Lomita

A: In 1956, President Dwight D. Eisenhower approved a Joint Resolution of Congress declaring “In God We Trust” to be the national motto of the United States. The phrase arose much earlier, dating back to the Civil War era. It has been distinguished from publicly sponsored religious practices (e.g., reading from the Bible in a public school) because the motto is considered to be a “ceremonial deism.” This means that the statement has lost its basic religious character as a result of long term, customary usage.

Q: For a religious institution to be tax exempt, what criteria does it have to meet?— B.B., Marina del Rey

A: Religious institutions, like typical charities, can qualify for exemption from federal income tax under Internal Revenue Code Section 503(c)(3). Generally, they also are eligible to receive tax-deductible contributions. However, there are criteria that must be met: (a) The organization has to be exclusively for religious purposes; (b) the earnings (after expenses) are not for the benefit of any private person or shareholder; (c) if there is activity that seeks to influence legislation, it must be minimal; (d) the institution is not to intervene in political campaigns; and (e) the institution’s functioning and objectives cannot be illegal or in violation of basic public policy.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.