Suite Challenges School's Restrictions On Bible Distribution

Suit was filed this week in a Pennsylvania federal district court challenging regulations and policies of the Mechanicsburg Area School District that limit student members of a school's Bible Club from distributing Bibles to classmates during lunch time hours. School policy allows non-school materials to be distributed only on public sidewalks outside the building and only for 30 minutes before and 30 minutes after school, except as otherwise permitted by the principal.  The complaint (full text) in Christians In Action Club v. Mechanicsburg Area School District, (MD PA, filed 1/30/2019) challenges these as "overbroad and unconstitutional time and place restrictions that impose a complete ban on literature distribution during the school day." The suit alleges that these restrictions violate students' free speech and free exercise rights both on their face and as applied. Cumberland Sentinel reports on the lawsuit.

President Supports Bible Literacy Courses In Public Schools

As reported by Politico, Donald Trump today tweeted support for Bible literacy courses in public schools. Trump's tweet said:

Numerous states introducing Bible Literacy classes, giving students the option of studying the Bible. Starting to make a turn back? Great! 

Suit Challenges School Limits on Flyer Distribution For Bible Event

A suit was filed this week in a California federal district court against the Huntington Beach School District for barring a 2nd and a 5th-grade student from handing out flyers promoting Focus on the Family's "Bring Your Bible to School Day."  The complaint (full text) in M.B. v. Huntington Beach City School District, (CD CA, filed 1/7/2019),  contends that plaintiffs' free speech, free exercise, equal protection and due process rights were infringed by not allowing them to distribute the flyers at lunch, recess and other non-instructional times during the school day. School officials limited the distribution to before- and after-school hours. OC Weekly reports on the lawsuit.

4th Circuit Says Student Has Standing To Challenge Bible In Schools Program

In Deal v. Mercer Coounty Board of Education, (4th Cir., Dec. 17, 2018), the U.S. 4th Circuit Court of Appeals reversed a West Virginia federal district court and held that a student who had withdrawn from the offending school system (and her parent) had standing to challenge the school system's Bible in the Schools program. It also held that the claim was ripe for adjudication. The Beckley (WV) Register Herald reports on the decision. [case title corrected from earlier post].

Today Is "Bring Your Bible To School" Day

Today is Bring Your Bible to School Day, an event sponsored by Focus on the Family and Alliance Defending Freedom, designed to encourage Christian students to spread their beliefs in public schools within the church-state guidelines created by the courts. Sponsors furnish "conversation cards" and posters for participating students to use. A legal memo describes student right to participate in the program. Baptist Press reports on the day. [Thanks to Scott Mange for the lead.]

Elaborate Museum of The Bible Opens In D.C. Today

Washington Post reports that the new $500 million privately-funded Museum of the Bible opens in Washington, D.C. today.  The museum has been created by the Green family, owners of the Hobby Lobby retail chain.  Located on a site near the Mall in southwest Washington, the Museum focuses the importance of the Bible, Biblical history and the place of the Bible in U.S. history.  The Post says that the Museum "will set a new standard" for fusion of entertainment and education. It summarizes:

The Bible Museum has come to town, in all its technical splendor, bearing with it something that most historians and museum professionals may have thought was long discredited: the "master narrative" idea of history, that there is one sweeping human story that needs to be told, a story that is still unfolding and carrying us along with it. It tells this seductive story well, in many places with factual accuracy, and always with an eye to clarity and entertainment. It is an exciting idea, and an enormously powerful tool for making sense of the world.

Unless, of course, you don’t believe it.

Bible In Schools Case Dismissed On Standing and Ripeness Grounds

In Freedom From Religion Foundation v. Mercer County board of Education, (SD WV, Nov. 14, 2017), a West Virginia federal district court dismissed on standing and ripeness grounds a lawsuit challenging a Bible in Schools class offered for over 70 years in Mercer County elementary and middle schools.  Shortly after the lawsuit challenging the program was filed, the county Board of Education voted to suspend teaching of the course for a least a year in order to undertake a review and modification of the curriculum.  While one plaintiff who transferred to another school was found to lack standing, other plaintiffs had standing.  The court nevertheless dismissed because:

the Bible in the Schools program of which plaintiffs’ complain is not currently offered nor will it be offered in the future. Furthermore, should a Bible in the Schools curriculum reemerge, the court has no information before it to determine the content of such a class.... Therefore, until the Bible in the Schools curriculum that Jamie Doe will actually encounter "is presented in clean-cut and concrete form,"... this action is not ripe for judicial review.

FFRF issued a press release announcing the decision. First Liberty also issued a press release on the decision.

Suit Over Ownership of Astronauts' Bibles Is Settled

AP reports that last week, ahead of a hearing that had been scheduled by an Oklahoma state trial court for today, the Texas Department of Aging and Disability Services withdrew its claim of ownership to ten microfilm Bibles that Apollo 14 astronauts took with them into space in 1971.  The 6-year legal battle over ownership ended as the court last Friday awarded ownership to Tulsa author and businesswoman Carol Mersch who said the postage-stamp size Bibles had been given to her by NASA Chaplain John M. Stout while she was writing a book about the chaplain's work. Texas had claimed the Bibles should go to Stout's son who became a ward of the state in his later years.  Mersch says she will comply with Chaplain Stout's wishes and donate some of the Bibles to museums or seminaries around the world.

New Kentucky Law Authorizes Bible Courses In Schools

On April 11, Kentucky Governor Matt Bevin signed HB 128 (full text) which requires the Kentucky State Board of Education to create courses on the Hebrew Scriptures (Old Testament), the New Testament, and on both. The law provides that the purposes of these courses are to teach students the biblical content, characters, poetry, and narratives required to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy. [Thanks to Tom Rutledge for the lead.]

West Virginia School District Sued Over Bible Lessons

As announced in a press release from Freedom From Religion Foundation, the organization has filed suit against the Mercer County, West Virginia schools challenging  the "Bible in the Schools" program which provides Bible study to elementary and middle school students in 19 schools.  The complaint (full text) in Freedom From Religion Foundation, Inc. v. Mercer County Board of Education, (SD WV, filed 1/18/2017), contends that Bible classes have been taught in the county schools for over 75 years, and that the Bible instruction by teachers who travel from school to school violates the Establishment Clause.

Trump To Be Sworn In On Family Bible and Lincoln Bible

According to Religion News Service, at his inauguration this Friday, Donald Trump will take the oath of office on two Bibles-- his family Bible given to him by his mother in 1955 when he graduated Sunday school, and the Lincoln Bible borrowed from the Library of Congress. The Lincoln Bible was also used by President Obama during his swearing in ceremonies.

Kentucky Governor Declares 2017 As "Year of the Bible"

On Dec. 19, Kentucky Governor Matt Bevin signed a Proclamation (full text) declaring 2017 to be the "Year of The Bible."  A similar designation was given by the governor to 2016.  The Proclamation notes the Bible Reading Marathon that begins on January 1 in which leaders in each Kentucky county will take 15 minute shifts reading through the entire Bible. The Lexington Herald-Leader last week reported on the governor's signing of the proclamation.

Idaho Governor Vetoes Bill That Would Have Allowed Bible To Be Used For Reference In Public Schools

Earlier this month, Idaho Governor C.L. "Butch" Otter vetoed S1342 (full text) which would have explicitly permitted religious texts, including the Bible,

to be used in Idaho public schools for reference purposes to further the study of literature, comparative religion, English and foreign languages, United States and world history, comparative government, law, philosophy, ethics, world geography, archaeology, music, sociology, and other topics of study where an under standing of religious texts, including the Bible, may be useful or relevant.

An amendment had deleted a reference to geology, astronomy and biology courses. (Spokane Spokesman-Review, April 5).

In his April 5 veto message (full text), Otter said that the bill "is in direct contravention to the Idaho Constitution, and it could result in a loss of funding and costly litigation for Idaho public schools." Art. 9, Sec. 6 of the state constitution specifically prohibits "books, papers, tracts or documents of a political, sectarian or denominational character" from being used in any public school, and calls for a cut off of funding for schools that do not comply.  As reported earlier this month by Idaho Education News, Otter issued his veto a week after the legislature adjourned.

Tennessee Governor Vetoes Bill Making Bible The State's Official Book

Yesterday Tennessee Governor Bill Haslam vetoed House Bill 615  that would have made the Holy Bible Tennessee's official book. In his veto message (full text), Haslam cited a state attorney general's opinion finding that the bill was unconstitutional, and added:

In addition to the constitutional issues with the bill, my personal feeling is that this bill trivializes the Bible, which I believe is a sacred text.  If we believe that the Bible is the inspired word of God, then we shouldn't be recognizing it only as a book of historical and economic significance.  If we are recognizing the Bible as a sacred text, then we are violating the Constitution....

According to The Tennessean,  legislative sponsors plan to seek a veto override which, in Tennessee, only requires a majority vote in both chambers of the legislature. [Thanks to Tom Rutledge for the lead.]

Tennessee Legislature Passes Bill Making the Holy Bible the Official State Book

Yesterday the Tennessee General Assembly passed HB615, designating the Holy Bible as the state's "official book." AP reports:

Sponsors argue the bill seeks to honor the historical significance of the Bible in Tennessee's history rather than serving as a government endorsement of religion.

But opponents say the measure trivializes the Bible by placing it alongside other Tennessee symbols like the small mouth bass as the state sport fish, the cave salamander as the state amphibian and the honeybee as the state agricultural insect.

The state's Attorney General in an Opinion issued in April (full text) concluded that the bill is unconstitutional, and Governor Bill Haslam has expressed doubts about the bill. It is unclear whether or not he will veto it.

Jehovah's Witnesses In Russia Sue Over Blocking of Bible Imports

Interfax yesterday reported on a lawsuit filed in a Russian court by  the Administrative Center for Jehovah's Witnesses in Russia against customs authorities in the town of Vyborg.  According to the lawsuit filed in the St. Petersburg and Leningrad Region Arbitration Court, Customs has refused to allow into the country a shipment of Bibles from German Jehovah's Witnesses because they were not accompanied by documents certifying compliance with the Federal Law on Counteracting Extremist Activity. The shipment included the Synodal edition of the Bible (translated by the Russian Orthodox Church) and the Study Bible published by the Russian Bible Society.  According to a Nov. 30, 2015 report from Forum 18:

A new Russian legal amendment bans some sacred texts - "the Bible, the Koran, the Tanakh and the Kanjur, their contents, and quotations from them" - from being banned as "extremist". But about 4,000 Jehovah's Witness Bibles are among millions of their publications still held up at Russian customs as they may contain "extremism"....

Federal Court In Habeas Action Finds California Prosecutor's Use of Biblical References Prejudicial

In Roybal v. Davis, (SD CA, Dec. 2, 2015), a California federal district court granted penalty phase habeas corpus relief in a petition brought by a defendant who had been sentenced to death by a California state jury in the robbery and stabbing murder of a 65-year old woman.  The district court found that the California Supreme Court was "objectively unreasonable" in concluding that improper argument by the prosecutor during the penalty phase of the murder trial was harmless error and not prejudicial to the defendant. (People v. Roybal,  (1998)). At issue were Biblical references made by the prosecutor.  The district court, in a very lengthy opinion dealing with numerous other objections as well, said in part:

It is without question that the prosecutor improperly urged the jurors to impose a death sentence on Petitioner based on biblical law.... [T]he prosecutor did not stop with simply drawing parallels between state law and biblical law which, in itself, would have been misconduct. He went on to quote directly from the Bible, asserting that biblical text demanded a specific punishment for murder.... Such argument could only have been meant to urge the jurors to find justification for a death sentence in biblical text, authority well outside the penal code, and to subvert or frustrate their consideration of the proper sentencing factors under state law....

Here, the prosecutor's unambiguous, repeated, and carefully timed improper exhortations to the jury to apply biblical law diminished the jurors' sense of personal decision-making for the imposition of the death penalty. In so many words, the jury was informed that the Bible requires a murderer who kills with iron (i.e. knife) to himself be put to death. The prosecutor's improper argument presented an intolerable danger that the jury minimized its role as factfinder and encouraged jurors to vote for death because it was God's will, and not that the imposition of the death penalty complied with California and federal law.....

As discussed above, the California Supreme Court correctly found that the prosecutor's religious argument was misconduct and fell outside the bounds of both state and federal law, but unreasonably found that the comments were not prejudicial.

San Diego Union Tribune reports on the decision.

Ben Carson Says Egyptian Pyramids Were Joseph's Grain Storage Facilities

AP reported yesterday that Republican Presidential candidate Ben Carson disagrees with historians and archaeologists about the origins of the Egyptian pyramids.  Virtually all academics agree that the pyramids were constructed as tombs for Egypt's Pharaohs.  Carson however, referring to the Biblical story of Joseph, insists that the pyramids were built as grain storage facilities when Joseph predicted a future famine to Pharaoh and advised storing grain in anticipation of it. (Genesis 41). Carson advanced his theory 17 years ago, but stood by his contention in comments at a book signing in Florida yesterday.  The Washington Post has extensive excerpts (as well as nearly 15 minutes of video) from Carson's speech 17 years ago, delivered at the commencement ceremonies at the Seventh Day Adventist affiliated Andrews University. In it Carson more broadly defended a literal reading of the Bible. [Thanks to Tom Rutledge for the lead.]

6th Circuit Rejects Free Exercise Claim By Christian Militia Member Over Seizure of Bibles

In Meeks v. Larsen, (6th Cir., May 5, 2015), the U.S. 6th Circuit Court of Appeals dismissed the civil rights complaints brought by a Michigan militia group against federal law enforcement officials.  Plaintiffs claimed that search warrants and the resulting searches violated their 1st, 2nd, 4th and 5th Amendment rights. As reported by WLS-TV News:

The Hutaree Militia formed in 2006, preparing for the apocalyptic end of time with commando exercises and live ammunition training....

For years the Hutaree Christian Warriors enjoyed playing war games in the woods of Northwest Indiana and Southern Michigan. But in 2010, federal authorities said the Hutaree Games had given way to a violent plot aimed at killing police and overthrowing the government.

Nine militia members were arrested, but the charges ended up being dismissed, and some members sued federal authorities for violating their rights.

Among the claims unsuccessfully asserted by the Hutaree was that the free exercise rights of one of their members were infringed by the seizure of copies of the Bible during the search.  The 6th Circuit held that it is questionable whether a cause of action for damages for violation of the Free Exercise Clause exists, but even if it does, plaintiff had not plead violation of a clearly-established right sufficient to overcome defendants' qualified immunity, nor had plaintiff plead that the seizure placed a substantial burden on his practice of religion.

Tennessee Senate Kills Bill To Make Bible the Official State Book

According to The Tennessean, the Tennessee state Senate yesterday effectively killed the controversial bill, passed by the House a day earlier, that would have made the Bible the state's official book. The Senate voted 22-9 to send the bill back to the Judiciary Committee for study in light of the state attorney general's opinion concluding that the bill was unconstitutional. (See prior posting.) Republican Senate Majority Leader Mark Norris, who led the effort to send the bill back to committee, said:

All I know is that I hear Satan snickering. He loves this kind of mischief. You just dumb the good book down far enough to make it whatever it takes to make it a state symbol, and you're on your way to where he wants you.

 Lt. Gov. Ron Ramsey, another critic of the bill, said:

We don't need to put the Bible beside salamanders, tulip poplars and 'Rocky Top' in the Tennessee Blue Book to appreciate its importance to our state.

[Thanks to Blog From the Capital for the lead.]