Other LanguagesWithout an express grant of statutory authority it would not be permissible for a public hospital district to contract with a private organization, including a religious order, for the operation of a hospital facility owned by such a district.
Funds appropriated by §§ 14 and 15 of chapter 118, Laws of 1979, 1st Ex. Sess., for administration of the mandatory school immunization program thereby established may not be disbursed to private, church-related schools (a) because of a lack of statutory authority and (b) because of the constitutional prohibitions in Article IX, § 4 and Article VIII, § 7 of the Washington Constitution; the legislature, however, could make certain suggested amendments to the law which, if enacted, would establish a constitutionally permissible contractual basis for such payments.
It would violate the state and federal constitutions to place students at state-funded colleges and universities and student teachers in "pervasively religious" elementary or secondary schools, as defined in case law; whether a particular school is "pervasively religious" must be analyzed on a case-by-case basis.
1. Under current U. S. Supreme Court case law, it would not be constitutional for the officers or employees of a school district (or other governmental entity operating a school) to plan for and include prayer as a part of a commencement exercise or similar official school function. 2. Under current Ninth Circuit case precedent, it would not be constitutional for a school district (or other governmental entity operating a school) to allow its students to include prayer as a part of a student-planned commencement exercise or similar official school function. 3. Private, non-disruptive prayers at commencement exercises, which are not a part of the planned program and which do not disrupt it, are constitutional under current case law. 4. Because the state constitution is stricter than the federal with regard to the support of religion with public funds and/or property, there is no purpose to be served in separately analyzing the state constitutional issues raised by prayer at commencement programs.
Legislation providing for a mandatory minute of silence at the commencement of each school day in the public schools of our state, to be observed for meditation or prayer at the discretion of the students involved, would, if enacted by the state legislature, be constitutionally defensible.
A nonprofit corporation formed under chapter 24.06 RCW which is wholly owned and controlled by a religious corporation sole and organized for the purpose of operating a cemetery will qualify for the exemptions granted under RCW 68.48.070 and RCW 68.05.280 in conducting its operations.