Wednesday, July 25, 2007

Claims By Religious Opponent of School's Patriotic Exercises Rejected

In Myers v. Loudin County School Board, 2007 U.S. Dist. LEXIS 53049 (ED VA, July 23, 2007), a Virginia federal district court dismissed a series of claims brought pro se by Edward Myers, a member of the Anabaptist Mennonite faith, who claimed that the school's daily recital of the pledge of allegiance amounted to promotion of a civil religion in violation of the doctrine of separation of church and state. The court rejected Myers' request that the school's "patriotic curriculum" be redrafted. It also rejected Myers' claim that his First Amendment free speech rights were violated when he was denied access to school folders and homerooms to distribute flyers and when his proposed ads for a school yearbook, athletic program and newspaper were rejected. The flyers and ads attacked "civil religion" in the public schools. The court held that an incident in which Myers was prevented from leafleting in front of the school was a First Amendment violation, but that the single incident did not justify the issuance of an injunction.