A humanist group in Greenville County, South Carolina is seeking summary judgment in its case against the use of prayers in public schools in the county.

Seeking summary judgment will allow the case to skip trial and the humanist group expresses confidence that the evidence submitted against the defendant is sufficient to render judgment without trial.

Appignani Humanist Legal Center attorney Monica Miller told WYFF News4 that they are seeking judgment because the school district has clearly failed in the mandate to keep the church and state separate by the use of prayers in their curriculum. 

"Numerous cases make clear that public schools, particularly elementary schools, must strictly maintain the separation of church and state and must not include prayer in school-sponsored events such as graduation ceremonies," her statement said. 

"Given that this school district has been including prayers in its elementary school graduation ceremonies since 1951 and has recently been holding the ceremonies in a Christian chapel of a Christian university, we ask that the court grant judgment in our favor," Miller added.

Appignani Humanist Legal Center, a scion of the American Humanist Associated, filed the case in September 2013 alleging that the school district's use of prayers in their graduation ceremonies violated the establishment clause of the First Amendment of the United States Constitution. It also claims violation of the rights of the families whose children are enrolled in the public schools under the district.

The centre is requesting the Court to "prevent the school district from endorsing prayer and hosting graduations in a chapel." The humanists are seeking payment in damages for the alleged violation of the families' rights as well as legal costs and disbursements.

Greenville County Schools spokesman Oby Lyles has issued a statement in response: "The law supports the District's practice that students who are selected to speak based upon neutral criteria, such as academic performance, have the First Amendment right to speak from either a religious or secular perspective.

"The law also supports the District's use of a building owned by another organisation, including a college affiliated with a religion, for legitimate reasons such as accommodating spectators without unconstitutionally endorsing religion," Lyles told WYFF News 4.