8th Circuit Upholds Injunction Against Bible Distributions In School

Yesterday, in Doe v. South Iron R-1 School District, (8th Cir., Aug. 21, 2007), the U.S. 8th Circuit Court of Appeals upheld a lower court's preliminary injunction prohibiting a Missouri school district from allowing the Gideons to hand out Bibles to elementary schoolers on school property during the school day. (See prior posting.) In the appeal, the school district argued that the injunction required it to impose a content-based restriction on speech. The court said that this argument was without merit, since Establishment Clause cases always make content-based distinctions when they prohibit government from endorsing religion. Yesterday's Kansas City Star reports on the case.