Public employees praying in a public building does not violate the Establishment Clause unless it is per official policy or legislation and meets the standards established in the Lemon Test,*
Lemon v. Kurtzman (1971):
Quote:
The purpose of the Lemon test is to determine when a law has the effect of establishing religion. The test has served as the foundation for many of the Court's post-1971 establishment clause rulings. As articulated by Chief Justice Burger, the test has three parts:
First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster "an excessive government entanglement with religion."
http://candst.tripod.com/tnppage/eclause2.htm
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We’ve seen this mostly in public schools where religious instruction is incorporated into secular lesson plans. Such cases clearly advance a religious purpose, have no secular intent, and constitute an excessive entanglement with religion.
If public employees were praying in a public building per established policy or ordinance, then a suit may be brought to have the courts examine the intent of such a policy.
*Yes, dreadful and unfortunate name, but what are you going to do…