This is an update to the story Don blogged about earlier.  The Fifth Circuit has now overruled Judge Biery’s decision.

A federal appeals court ruled on Friday afternoon that students may pray and mention God at Saturday night’s graduation at a high school in a San Antonio suburb, overturning a district judge’s ruling.

“Texas will continue to fight for the rights of all those who wish to pray in our state,” Governor Rick Perry said in a statement commending the Fifth U.S. Circuit Court of Appeals ruling.

. . . The appeals court ruled that the order restrained the free speech rights of the students, who “are in fact not school-sponsored.” The court also noted that the school had already changed the name of the name of the invocation and benediction.

A rare judicial victory for common sense.