NEW ORLEANS
A federal judge ordered a public school system to stop allowing in-school
Bible giveaways, saying the practice violates the First Amendment separation of
church and state.
"Distribution of Bibles is a religious activity without a secular purpose"
and amounts to school board promotion of Christianity, U.S. District Judge Carl
J. Barbier ruled in a case brought by the American Civil Liberties Union of
Louisiana against the Tangipahoa Parish School Board.
As requested by both sides, Barbier made a summary judgment based only on the
written briefs something judges may do only if the law is absolutely clear.
Defense attorney Christopher M. Moody said late Tuesday that the school board
decided to appeal the ruling to the 5th U.S. Circuit Court of Appeal.
"We think our chances on appeal are very good," he said.
The ACLU filed the lawsuit for an anonymous family whose daughter said she
felt pressured into taking a Bible even though she doesn't believe in God. The
girl was called Jane Roe and her father John Roe out of fear of retaliation by
schoolmates and neighbors, the ACLU has said.
Jane Roe was a fifth-grader at Loranger Middle School when The Gideons
International visited on May 9, 2007. Principal Andre Pellerin notified
fifth-grade teachers that the group would be on campus all day, giving away
Bibles outside his office. His e-mail said, "Please stress to students that they
DO NOT have to get a bible," according to Barbier.
However, the judge wrote, even procedures upheld as neutral for secondary
school students might be out of bounds for "an impressionable young
elementary-age child."
He cited a ruling that upheld a West Virginia county's system of putting both
religious and nonreligious material on a secondary school table where school
students could walk past it. Grade-school children might not understand that the
school board was not endorsing any of the materials, the 4th Circuit Court of
Appeal said in that case.
At Loranger, the table outside the principal's office also created the
impression that the school was endorsing Christianity, Barbier wrote.
Moody said the school board was working on a policy along the lines of the
one cited by Barbier, but it was still being developed. But, he said, the board
believes the current policy is legal.
Copyright 2008 Associated Press