The
high profile lawsuit in Harrison County, West Virginia over a portrait of Jesus that had hung for many years in Bridgeport High School came to a quiet end last Wednesday as a federal judge approved a settlement submitted by both parties-- but whose text has apparently not been publicly released. (
West Virginia Record, Oct. 19). Both parties, represented respectively by the Alliance Defense Fund (
release) and the Americans United announced two weeks ago that they had reached a settlement. The only description of it was in
AU's press release: "The settlement today ensures that the school board will not allow a display of Sallman's 'Head of Christ' or unconstitutional displays of 'any pictures, paintings, posters, prints, statues, carvings, or other items with religious content' at Bridgeport High School. " An Oct. 6
letter to the editor of the Huntington (WV) News by the lone dissenter on the school board was equally cryptic. He said that the settlement did clarify some important points and indicated that he would back the full board's decision, even though he had voted against it. He also indicated that funds that had been donated for the school's legal defense would be returned to donors. He promised that the Alliance Defense Fund would release a summary of the settlement in the coming weeks, but so far there appears to be no sign of that release.
UPDATE: I now have a copy of the Consent Judgment (thanks to
Ed Brayton). In exchange for plaintiffs dropping the suit and making no claim for attorneys' fees or expenses, the school system agreed that it:
will not restore the Head of Christ portrait or another copy of that portrait to Bridgeport High School. Nothing in this agreement will preclude the adoption of a textbook or other professionally published curriculum-related material that includes a reproduction of the portrait, so long as [it] ... is selected for constitutionally valid secular purposes and in accordance with Defendants' normal policies and practices.
... any pictures, paintings, posters, prints, statues, carvings, or other items with religious content displayed by, or under the authority or direction or with the approval or endorsement of, the Defendants acting in their official capacities will be displayed only: (a) for constitutionally valid secular purposes ...; and (b) in accordance with the Defendants' educational mission....
Nothing in this agreement will ... prevent individual Bridgeport High School employees or staff from possessing, displaying, or using religious items in their personal work areas ... in a manner consistent with relevant court decisions and statutory law.
