A South Carolina federal district court on Tuesday upheld the constitutionality of the "released time" program of a Spartanburg (SC) high school. In
Moss v. Spartanburg County School District No. 7, (D SC, April 5, 2011), the court concluded that religious instruction offered under the
South Carolina Released Time Credit Act which allows academic credit to be given for a "released time" class is consistent with the Establishment Clause. Under the school's program, a grade in the religion course was awarded by an accredited Christian high school, and that credit is then accepted by the public school system. Applying the
Lemon test, the court said:
[T]he School District’s released time policy is facially neutral, favoring no particular religion or denomination. Further, the policy’s plain language and the School District’s implementation of the released time policy evidence an intent to passively accommodate religion and to insulate itself from pervasive monitoring and oversight of the overtly religious instruction.
Reporting on the decision,
GoUpstate explains:
The elective course in question has been offered to Spartanburg High School students since 2007 and is held next door to the high school at St. Christopher's Episcopal Church. Spartanburg County Bible Education in School Time teaches the course, and credit is transferred to Spartanburg High from Oakbrook Preparatory School, a private school in Spartanburg.
