Court Strikes Down Gideon Bible Distribution In Elementary School

Yesterday in Roark v. South Iron R-1 School District, (ED MO, Jan. 8, 2008), a Missouri federal district court held that a Missouri school district's policy permitting adult members of Gideons International to distribute Bibles to elementary school students on school property during the school day violates the Establishment Clause. Both an earlier policy that permitted distribution in the classroom, and a subsequent policy that limited distribution to the cafeteria and in front of administrative offices, were undertaken for the purpose of promoting Christianity and have the effect of endorsing religion to impressionable elementary school students. Banning distribution does not constitute impermissible viewpoint discrimination. The court left open for future determination the claim that the practice also violates the Missouri state constitution. The AP reported yesterday that Liberty Counsel, representing the school board, said an appeal would be filed. The 8th Circuit has already upheld the district court's grant of a preliminary injunction in the case. (See prior posting.)