In Pucket v. Hot Springs School District, (D SD, June 6, 2007), a South Dakota federal district court rejected a claim by students attending Bethesda Lutheran School and their parents that the state's temporary termination of busing of students to the parochial school violated their free exercise, speech and equal protection rights and violated the establishment clause.
Plaintiffs claimed that provisions of the South Dakota constitution prohibiting aid for religious schools violated their federal constitutional rights. The court, however, concluded that "Whether the S.D. Constitution provisions are either facially discriminatory or were adopted out of religious animus does not matter because plaintiffs cannot establish a causal link between the S.D. Constitution provisions and the School District policy."
The court found that the school district's delay in reinstituting busing once state law was amended to permit it and insurance concerns were resolved was motivated by its concern over how that action would affect pending litigation. The court went on to say: "Because School District’s continued denial of busing is rationally related to a legitimate government interest, plaintiffs’ free exercise challenge fails as a matter of law. Further, even if School District’s policy was not facially neutral, the Supreme Court’s decision in Locke v. Davey,... indicates that the denial of busing is too insignificant of a burden to constitute a free exercise violation."
Today's Sioux Falls Argus Leader reports on the decision and the reaction of both sides to the decision.
