ST. LOUIS, January 8, 2008 - The American Civil Liberties Union of Eastern Missouri applauded the decision of the United States District Court for the Eastern District of Missouri that found the practice of Bible distribution in the public school of a rural Missouri county was unconstitutional. The ACLU of Eastern Missouri filed suit against the South Iron School District in February 2006. The court had earlier entered a temporary injunction against Bible distribution, which was upheld by the Eight Circuit appellate court in August 2007.
In today’s decision, District Judge Catherine D. Perry found the school district’s past and current policies unconstitutional violations of the Establishment Clause.
“Based on the undisputed evidence before me, I conclude that the defendants’ purpose is the promotion of Christianity by distributing Bibles to elementary school students,” Judge Perry wrote in her 42-page decision. “The policy has the principle or primary effect of advancing religion by conveying a message of endorsement to elementary school children.”
The ACLU of Eastern Missouri filed suit on behalf of three families whose children attend the South Iron public schools. They objected to the school board’s continual efforts to find ways to distribute Bibles to elementary school children during the school day after the former superintendent, the board’s attorney, and the district’s insurance carrier, in addition to the ACLU, explained that the practice violated clearly established law.
“Religious liberty is among the most fundamental of the freedoms guaranteed by the Bill of Rights,” said Brenda Jones, executive director of the ACLU of Eastern Missouri. “And religious liberty is best protected by keeping the government out of the realm of religions. Public schools should leave religious training to parents and churches.”
“The ACLU and others made numerous attempts to work with the school board to fix this problem,” ACLU of Eastern Missouri Legal Director Anthony Rothert said. “Unfortunately, it has taken the intervention of the courts to stop the active promotion of Christianity to the elementary students in South Iron.”
“Grade schools should be in the business of educating kids, not proselytize to them,” said Rothert. “The court recognized that public schools cannot become religious recruiting grounds.”
The parents are represented by ACLU cooperating attorney Leonard Frankel of the law firm Frankel, Rubin, Bond, Dubin, Siegel & Klein and Rothert of ACLU of Eastern Missouri.
The school district was represented by Liberty Counsel, a legal organization founded by late television preacher Jerry Falwell.
