Texas School District Nixes Charlie Brown Christmas Poster

In Kileen, Texas, the school board on Tuesday voted to support a middle school principal who told a staff member to take down a 6-foot tall Peanuts character Christmas poster. The principal acted because the poster shows Linus saying: "For unto you is born this day in the City of David a savior which is Christ the Lord...  That’s what Christmas is all about Charlie Brown." The Fort Worth Star-Telegram reports that the poster had been placed by a staff member on the front door of the school nurse’s office. Texas Attorney General Ken Paxton had urged the school district to allow the poster, contending that it was protected by the state's "Merry Christmas Law" that protects certain holiday displays in schools. (See prior posting.)

Canadian Court Refuses Parent's Religious Accommodation Request

In E.T. v. Hamilton-Wentworth District School Board, (ON Super. Ct. Jus., Nov. 23, 2016), an Ontario (Canada) trial court rejected an attempt by the father of two elementary school students to require his children's school to notify him in advance of specific curriculum areas being taught to his children so he could withdraw them from classes, lessons or activities that conflict with his Greek Orthodox religious beliefs.  The father contended that he has an obligation to protect his children from "false teachings," including moral relativism and issues surrounding human sexuality. While the school had a religious accommodation guideline and the parent had shown a sincere religious belief as to matters of marriage and sexuality that are inconsistent with the school's curriculum, the court upheld the school's refusal to grant his requested accommodation, saying in part:

Accommodation by non-attendance, which is sought by the applicant, would allow him to isolate his children from aspects of the curriculum that in his religious belief would amount to "false teachings". However isolation is antithetical to the competing legislative mandate and Charter values favoring inclusivity, equality and multiculturalism.

LifeSite News reports on the decision. 

Court Says Teacher Was Not Fired Because of His Religious Beliefs

In Diss v. Portland Public Schools, (D OR, Nov. 22, 2016), an Oregon federal magistrate judge granted summary judgment to defendants in a suit by former public school teacher William Diss who claims that he was fired because of his religious beliefs.  Diss, a devout Catholic, was active in the anti-abortion movement. When his school principal arranged for representatives of a federally-funded Teen Outreach Program to speak to students in various classes, Diss would not allow them to speak to his students because the outreach program was administered by the local Planned Parenthood organization. Diss pointed to this and to the principal's asking him to refrain from using religious phrases such as "God bless" in professional communications as evidence of violation of his First Amendment rights.  However, the court concluded:

Defendants have shown that they had valid, non-discriminatory reasons to discipline and terminate Plaintiff.  The record contains multiple reports from administrators and colleagues describing Plaintiff's ineffective and rigid teaching style, as well as a pattern of complaints about Plaintiff's disrespectful and demeaning conduct towards his students, colleagues, and administrators.

2d Circuit Rejects Teacher's Suit Over Classroom Religious Displays

In Silver v. Cheektowaga Central School District, (2d Cir., Nov. 7, 2016), the U.S. 2nd Circuit Court of Appeals affirmed the dismissal of a lawsuit brought by a Christian high school science teacher who was told to remove her classroom display of several Bible verses, other statements about God and a picture of three crosses on a hill. She was also told to prevent guest speakers from promoting religion religiously-themed postings from her classroom. (See prior posting.) The appeals court rejected the teacher's free speech, establishment clause and equal protection clause challenges. The Buffalo News last week reported on the decision.

Supreme Court Denies Review In Prof's Religious Speech Case

The U.S. Supreme Court today denied certiorari in Payne v. University of Southern Mississippi, (Docket No. 16-290, cert. denied 11/14/2016) (Order List).  In the case, a Mississippi federal district court held that the 1st Amendment does not preclude a faculty member at a public university being disciplined for religious speech made as part of his duties as a professor. (See prior posting.) The decision was affirmed at 643 Fed. Appx. 409 (5th Cir., April 12, 2016).

Suit Over High School Assignment On Islam Moves Forward

In Wood v. Board of Education of Charles County, (D MD, Sept. 30, 2016), a Maryland federal district court refused to completely dismiss a suit by parents of an 11th grader who complained that their daughter's World History assignments "promot[ed] the Islamic religion over other faiths" and "required the students . . . to profess statements on the teachings and beliefs of Islam in written worksheets as graded homework assignments." The father warned the school against retaliating against his daughter for her adherence to her Christian faith. The court dismissed plaintiffs' claim for injunctive relief as moot since their daughter had now graduated.  However the court allowed the parents to move ahead with their Establishment Clause and compelled speech claim for damages against the school's principal and vice principal, saying in part:

Here, while discovery and trial may or may not prove otherwise, Plaintiffs allege in the Complaint that in addition to learning facts about the background and beliefs relevant to Islam, Defendants required C.W. to “confess” the Islamic Profession of Faith....

The court also allowed the father-- who was barred from school grounds after threatening media coverage and a lawsuit-- to move ahead with his claim of retaliation. The court dismissed due process, Title VI and Title IX claims. See prior related posting.)

Court Denies Preliminary Injunction To Football Coach Seeking To Pray On Field

According to AP, a Washington federal district court judge on Monday denied a preliminary injunction to high school football coach Joe Kennedy.  The coach, who says he was acting in accordance with his Christian beliefs, was suspended with pay by the Bremerton, Washington school district after he insisted on praying at mid-field at the end of games. He sued, claiming the school's directive barring him from doing so is unconstitutional. (See prior posting.) The denial of preliminary relief means that the school does not have to immediately reinstate Kennedy.

Court Upholds Modified Version of School's Annual Christmas Production

In Freedom From Religion Foundation v. Concord Community Schools, (ND IN, Sept. 14, 2016), an Indiana federal district court upheld against an Establishment Clause attack a modified version of the annual Christmas Spectacular put on by an Indiana high school. The court had previously issued a preliminary injunction against the 2014 and proposed 2015 versions that included a live Nativity Scene. (See prior posting.) The court now ordered the parties to submit briefs as to whether claims regarding those versions are now moot, and if they are not, what remedies are appropriate. The court then concluded that the version of the Christmas Spectacular actually performed in 2015 after the issuance of the preliminary injunction-- a version that modifies the nativity scene and adds Chanukah and Kwanzaa elements-- does not violate any of the Establishment Clause tests.  The court said in part:

At bottom, the endorsement test involves a holistic, qualitative assessment of the totality of the circumstances of a given display. Here, based on the circumstances and presentation of the show as a whole, and the way in which an objective, reasonable observer would likely perceive it, the Court finds that the Christmas Spectacular that was actually performed in 2015 did not convey a message of endorsement of religion.

An FFRF press release, which contains links to prior pleadings in the case, discusses yesterday's decision.

Suit Says Arizona Charter School Teaches Religious Curriculum

Yesterday Americans United filed a federal court lawsuit alleging that an Arizona public charter school teaches a religiously-based required American Government course, and interjects religion in a number of other parts of its curriculum. The complaint (full text) in Doe v. Heritage Academy, Inc., (D AZ, filed 9/7/2016), alleges that the taxpayer-funded charter school with three campuses in Arizona violates the Establishment Clause as well as the Arizona constitution by providing religious education to its students.  The required American Government class is taught by the school's founder and principal, Earl Taylor, Jr., and uses materials from the National Center for Constitutional Studies-- an organization founded by Taylor. The complaint alleges in part:

In class, Taylor teaches the students that the Ten Commandments — including those that mandate worship of God — must be obeyed in order to attain happiness; that socialism violates God’s laws; and that true patriots believe in the “universal religion of all mankind,” the tenets of which ...  incorporate the beliefs of some Christian denominations.

AU issued a press release announcing the filing of the lawsuit. [Thanks to Jeff Pasek for the lead.]

Satanic Temple To Offer Alternative To Good News Clubs

The Satanic Temple, whose agenda is secularist and not the promotion of devil worship, is again using its provocative name and doctrines of equal access to promote its agenda of separation of church and state.  As reported last week by the Washington Post,  the organization is introducing the After School Satan Club to public elementary schools, modeled after the widespread Christian-based Good News Clubs. In a letter (full text) to selected school districts, organizers say:

The After School Satan Club (ASSC) meets once a month immediately after school for one to one and a half hours.... ASSC meetings typically include a healthy snack, literature lesson, creative learning activities, science lesson, puzzle solving and art project.  Every child receives a membership card and must have a signed parental permission slip to attend.

Ark Encounter and Public High Schools

According to Tuesday's Lexington Herald-Leader, now that Ark Encounter has opened in Kentucky, the Freedom From Religion Foundation has sent letters to more than 1,000 school districts in Kentucky, Tennessee, Ohio, Indiana and West Virginia telling them that field trips to the Noah's Ark theme park would violate the Establishment Clause. FFRF says it would expose students to proselytizing.  In response, Kentucky Education Commissioner Stephen Pruitt told schools that field trips should be an extension of classroom learning, and that neither outside groups nor the state Department of Education should dictate selection. Meanwhile FFRF has also protested the participation of two Kentucky high school marching bands in Ark Encounter's July 5 opening ceremonies. (FFRF press release.)

In Settlement, Good News Clubs Win Equal Access To After-School Facilities

In Cleveland, Ohio, Child Evangelism Fellowship has won equal treatment with non-religious community groups in use of public school facilities for after-school activities.  The consent order (full text) in Child Evangelism Fellowship of Ohio, Inc. v. Cleveland Metropolitan School District, (ND OH, June 28, 2016) provides that the school district will revise its equal access policy for community use of district facilities.  Under the revised policy, the school district will accept the services provided to students by Good News Clubs as in-kind payment of fees for using facilities to the same extent as it accepts services of non-religious groups. The federal court consent order also provides that the school district will pay nominal damages of $100 and attorneys' fees of $149,900 because its prior unequal treatment of Child Evangelism Fellowship violated the 1st and 14th Amendments. Liberty Counsel issued a press release announcing the consent order.

4th Circuit Revives Some Claims In Challenge To School District's Graduation Practices

American Humanist Association v. Greenville County School District, (4th Cir., June 21, 2016), is a challenge to the graduation ceremony prayer policy of the Greenville County, South Carolina school district, as well as to its practice of holding some graduation ceremonies at a religious chapel on a local college campus.  In a largely procedural ruling, the U.S. 4th Circuit Court of Appeals vacated in part the district court's dismissal of the case.  On the challenge to graduation prayer, the court held that because the individual plaintiffs named in the lawsuit had moved out of state while the appeal was pending so their children no longer attended school in the district, the suit was moot as to them.  However it remanded for further discovery to determine whether the organizational plaintiff, American Humanist Association, continues to have standing because of the interests of other of its members.

The appeals court agreed with the district court that the claim for injunctive relief to bar holding of future graduation ceremonies in religious venues should be dismissed because while the case was still pending in district court plaintiffs moved within the district to schools that had never used religious venues for school events.  However the appeals court held that plaintiffs continued to have standing to pursue their claim for nominal damages because of past use of the religious chapel for graduation. American Humanist Association issued a press release announcing the decision. (See prior related posting.) Greenville News reports on the decision.

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.

School District Will End Bus Scheduling Around Before-School Religion Classes

ACLU of Illinois yesterday announced an agreement with the Teutopolis Illinois School District will end its practice of scheduling buses to take all students to Teutopolis Grade School an hour early so that they can attend before-school Catholic religious classes. The agreement also creates an after-school activity period in which religious classes will be only one choice.

Suit Challenges School's Refusal To Publicize Scholarship Essay Contests By FFRF and Freethinkers Group

Last week the Freedom From Religion Foundation and the Antelope Valley Freethinkers filed suit in California federal district court against a Los Angeles county school district after the district refused to publicize scholarship essay contests sponsored by the plaintiff groups.  The complaint (full text) in Freedom From Religion Foundation, Inc. v. Antelope Valley Union High School District, (CD CA, filed 4/12/2016), contends that while the school publishes scholarship opportunities for students, including those offered by religiously-affiliated groups, it refused to publicize those of plaintiffs because the essay contest themes promote anti-religious expression and contain anti-religious undertones. The complaint alleges that plaintiffs' treatment amounts to viewpoint discrimination in violation of their free speech rights and violates the equal protection clause.  FFRF issued a press release announcing the filing of the lawsuit.

Belgium's Constitutional Court Invalidates Required Religious Education Courses

Flanders Today reported earlier this month that Belgium's Constitutional Court has struck down the requirement that all students in elementary or secondary school take either a religious education course in one of the six recognized religions, or take a course in ethics.  In a religious freedom challenge to the requirement, the Court held that parents can now opt out of the requirement for their children, without being required to explain the reasons for their decision. [Thanks to Paul de Mello for the lead.]

Tennessee Legislature Passes Bill To Prevent Religious Indoctrination In Schools

As reported by The Tennesseean, the Tennessee legislature yesterday gave final passage and sent to the governor for his signature HB 1905 (full text). The bill, responding to concern about a middle school social studies unit on Islam, is intended to prevent religious indoctrination. It provides:

The inclusion of religion in textbooks, instructional materials, curriculum, or academic standards shall be for educational purposes only and shall not be used to promote or establish any religion or religious belief.

The bill requires local school boards to develop, with public comment, policies on inclusion of religion in the curriculum. It requires schools to make syllabuses for courses in grades 6-12 publicly available. It calls for revision of the current social study standards and requires teacher training institutes to provide instruction on "what is constitutionally permissible when teaching religious content and strategies for dealing with religious content in curriculum that are educationally sound, fair, neutral, and objective." [Thanks to Blog from the Capital for the lead.]

Parents Can Move Ahead With Claims Their Daughters Were Lured Into Religious Cult At School

In Doe v. Mastoloni, (D CT, Feb. 12, 2016), a Connecticut federal district court ruled that parents whose three high-school age daughters were allegedly indoctrinated into a religious cult by three Spanish teachers and a counselor at their high school can file an amended complaint to pursue a number of claims.
The court held that plaintiffs had alleged enough to move ahead with claims that the school violated the Free Exercise and Establishment Clauses and the equal protection clause, that they interfered with parental rights to raise children in the religion of their choice, and with familial associational rights. It also allowed plaintiffs to move ahead with claims against the Board of Education alleging Monell liability. The court dismissed various other claims. (See prior related posting.)

Suit Over Religious Themed Donor Plaque Dismissed After School Removes All Plaques

Last year, Michael Lucas, an alumnus of the Colorado School of Mines, filed suit against the school after it rejected the text he chose for a donor plaque. The school's fundraising campaign for a new Athletic Complex allowed donors to purchase a personalized plate to be placed in the new football locker room. However the school rejected Lucas' proposed inscription "Colossians 3:23 & Micah 5:9." (See prior posting.) According to an ADF press release, Lucas yesterday moved to voluntarily dismiss the suit because the school has now removed all donor nameplates from the locker room. In a letter to donors (full text), the school's President said:

The purpose of the football locker fundraising program ... was to solicit donations and honor Mines' student athletes.... Unfortunately, an individual who participated in this fundraising program mistakenly viewed our new football locker room as a public space for free expression.

The letter invited donors to transfer their gifts to a new program that would replace their old plaque with a new one containing specified identifying information on the person the donor wished to honor.  No free text quotes are allowed.