ADF has been involved in hundreds of cases protecting the religious freedom of Americans. Our involvement includes case funding, direct litigation and amicus support, mentoring, training, strategic planning and coordination, and other forms of partnership and assistance.
The cases listed are just a random sampling of some of the victories that ADF has been blessed to help enable through the power of an alliance.
ADF Allied Attorney Successfully Defends Right for Rabbi to Hold Services in His Home…
A Major Rebuke to the ACLU and the So-Called “Separation of Church and State”…
A Decade of Struggle and Perseverance Pays Off!
ADF Defends the Rights of Students to “See You at the Pole”…
God-Given Strategy of “Precedent After Precedent” Pays Off Again…
ADF Steps in to Protect Graduation Speech
An Effort to Censor Religious Speech is Halted
God Delivers a Solid Win in "Tiles for Smiles" Case...
A Home Run for Religious Freedom...
Another Allied Success at the U.S. Supreme Court!
Another Unconstitutional Attempt to Stifle Religious Freedom Fails
Another Win for Equal Access...
Free Speech Upheld in Nebraska…
ADF Allied Attorney Protects Free Speech in Ohio…
Fellowship of Christian Athletes Chapter Wins Right to Meet…
ADF allied attorney successfully defends employee fired for wearing a cross…
Ten Commandments Allowed to Be Displayed Again...
Bronx Church Wins Right to Meet in Public School…After an Eight Year Struggle...
ADF Successfully Defends Effort to Publicize Christian Camp…
Students Allowed to Promote “See You at the Pole”...
ADF Allied Attorney Gains Access for Local Student Club in Nation's Second Largest School District…
Students Win Right to Distribute Candy Canes…
Attempt to Shut Down Faith-Based Prison Program Fails…
ADF Allied Attorney Wins Right for Group to Meet in Public Library…
Another Win in the Battle to Preserve the Ten Commandments…
Eleven Year Old Girl Allowed to Give Report on the Bible…
Student Allowed to Keep Scholarship Because of ADF Intervention…
A Victory in the “Metaphysical Mecca”…
A “Prince” of a Decision…
Lives Changed Because of Equal Access Victory…
Pastor Wins Right to Have Bible Study…
Students Allowed to Share the Gospel on Campus…
Student Can Now Share About Her Youth Group…
Church Can Continue Meeting in Public School…
Another Victory for the Ten Commandments…
Attempt to Censor Valentines Fails…
A Victory for Equal Access in New York State…
Church No Longer Subject to Discriminatory Fees…
Swim Coach Allowed to Share His Faith…
Eight Year Old Allowed to Pass Out Valentines…
ADF Allied Attorney Successfully Defends Right for Rabbi to Hold Services in His Home…Rabbi Joseph Konikov had been ordered by Orange County, Florida code enforcement officials to stop holding prayer meetings in his home, alleging that he was in violation of local laws prohibiting “operating a synagogue or any function related to a synagogue and/or church services…” He was ordered to stop the prayer meetings or face daily fines and those fines came to total nearly $56,000. As you might imagine, this case had scary implications for Bible studies and home church groups.
ADF allied attorney Rick Nelson, backed with ADF funding, filed a lawsuit in U.S. District Court on behalf of Rabbi Konikov, which initially upheld the county’s ordinance. Rick appealed the case to the U.S. Court of Appeals for the 11th Circuit, which unanimously ruled that the ordinance violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) and was likely “vague.” The federal appellate court remanded the case back to the district court for reconsideration.
In January 2006, the district court agreed and ruled that the land use ordinance cannot be applied against Rabbi Konikov to prohibit him from holding a prayer meeting in his own home. The trial court found the ordinance to be so “vague” that even the county’s code enforcement officers were confused on how to apply it. The court’s ruling set aside the fines and freed the Rabbi from such inappropriate government interference with his worship of God.
Rick Nelson says: “Americans have a right to meet in their homes for prayer or to study religious materials without government interference. We are pleased that the court has recognized that the county’s ordinance cannot be applied against peacefully praying in one’s own home.”
We praise God for another tremendous victory for our First Liberty – religious freedom.
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A Major Rebuke to the ACLU and the So-Called “Separation of Church and State”…In December 2005, a decision by the U.S. Court of Appeals for the Sixth Circuit upheld the constitutionality of a Ten Commandments display in Mercer County, Kentucky (American Civil Liberties Union of Kentucky v. Mercer County). In that decision, the court issued a stunning defeat to the ACLU, writing:
“The ACLU’s argument contains…fundamental flaws. First, the ACLU makes repeated reference to “the separation of church and state.” This extra-constitutional construct has grown tiresome. The First Amendment does not demand a wall of separation between church and state.”
The court went on to note that the ACLU “erroneously-though perhaps intentionally” equates merely recognizing religion as government endorsement of religion.
We could have not said it better. In fact, ADF senior counsel Gary McCaleb says: “For years, the Alliance Defense Fund has argued against claims by the ACLU and its allies that their interpretation of the Establishment Clause is correct. The good news for Americans is that today’s ruling says the ACLU’s interpretation is outside the Constitution. This decision, in that circuit, is a dramatic rollback of the far-left’s misguided legal agenda.”
While ADF attorneys had no direct role in the appeal of this case from the lower court, ADF allied attorney Frank Manion, with the assistance of a friend-of-the-court brief funded by ADF, was successful in his efforts to have the lawsuit dismissed prior to the ACLU’s appeal of the dismissal to the Sixth Circuit. Other funding was provided for other lawyers in the case at earlier stages as well. You can read the Sixth Circuit decision at www.telladf.org/UserDocs/ACLUvMCopinion.pdf.
We praise God for this tremendous victory – and we hope and pray that this decision can now be used as an effective legal precedent to blunt further attacks by the ACLU and its allies on our religious heritage!
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A Decade of Struggle and Perseverance Pays Off!For ten years, ADF Senior Legal Counsel Jordan Lorence has fought a legal battle against the City of New York to allow the Bronx Household of Faith to have the same access to public school facilities as other groups enjoy.
On November 17, 2005, that decade of perseverance netted a permanent injunction against the Board of Education of the City of New York City, barring them from refusing to rent space at a public school to the church for Sunday morning worship services.
This key victory — after years of ups and downs, disappointments, and moments of joy -- demonstrates once again the importance of perseverance and never giving up, even when things look lost. Many thought this case was over when the U.S. Supreme Court denied review back in 1998. Then, in 2001, the Lord gave us the
Good News Club v. Milford Central Schools victory, in which Associate Justice Clarence Thomas, in the majority opinion, noted that in light of the Good News decision, the Bronx Household of Faith case may have been wrongly decided. Like Lazarus, the Bronx Household of Faith case was given new life and a preliminary win that we celebrated in 2002!
Federal Judge Loretta Preska rejected the school board’s claim that the church’s use of a public school facility for Sunday worship services violated the Establishment Clause. She noted that the fact that the board’s discriminatory policy against the church “does not amount to unconstitutional viewpoint discrimination is astonishing in light of the Supreme Court’s clear holding in Good News Club.”
This victory opens up 1,200 public school buildings for churches and Christian groups. Jordan says: “This is the biggest victory in two decades for churches that simply want the same access to public facilities that other organizations have.”
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ADF Defends the Rights of Students to “See You at the Pole”…Since 1990, Christian students across America have gathered together one day a year to meet at their school flag pole to pray for their classmates, teachers, and the nation.
These gatherings (called “See You at the Pole”) are not school-sanctioned and are student-initiated. No one is forced to participate; it is strictly a voluntary event, held during non-class time.
Nevertheless, students in Barnegat, New Jersey, experienced a first-hand civics lesson in the misinterpretation of the First Amendment when they attempted to gather around their school’s flag pole to pray.
On September 21st, three students at Russell O. Brackman Middle School met at the flagpole and started to pray. They were interrupted by a school administrator who thought their activity looked “suspicious.” She reportedly told the students that not only could they not participate in “See You at the Pole” but that their audible prayers were creating a “disturbance” and they would have to cease as they were “mixing” religion and school, causing a potential “sticky situation.”
The students and their parents contacted ADF, and attorney Jeremy Tedesco sent a letter to the school, explaining to the principal that “the censorship of the students’ prayer as part of the See You at the Pole event is blatantly unconstitutional under firmly established law and is a violation of the students’ First Amendment rights.” ADF also provided an informational legal memorandum describing the constitutional rights of students who wanted to take part in the event.
Upon receipt of the letter, the school allowed the students to hold a “do over” See You at the Pole event on October 19th. This time, approximately 50 students and members of the community, and a local radio station, reportedly participated as well!
One of the students involved is now working to start a Bible Club, and has signed up fifteen members thus far.
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God-Given Strategy of “Precedent After Precedent” Pays Off Again…The ACLU and its allies transformed our nation’s legal system through perseverance. Reclaiming America’s legal system will take the same perseverance by ADF and its allies.
That strategy is paying off, as illustrated in a big victory for religious freedom in November 2005 at the State University of New York (SUNY) at Albany.
Each semester, the university collects mandatory student fees – which are then distributed by a student government association that chooses which recognized student organizations (RSO’s) will receive the funds. Leftist groups receive student funds, while conservative and Christian groups are left out in the cold.
Two SUNY students recognized the discriminatory effect of this system. With the assistance of ADF allied attorney Tom Marcelle and funding from ADF, the students filed a lawsuit (
Amidon v. State University of New York Association) to stop it.
On Tuesday, November 8th, a federal judge did just that – ruling the SUNY system was unconstitutional based on ADF-funded victories in
Southworth v. Board of Regents of the University of Wisconsin System,
Rosenberger v. University of Virginia, and
Ovadal v. Madison as precedent! The judge also ordered that the two students be refunded a portion of their student fees.
ADF senior legal counsel Jordan Lorence, who had argued the Southworth case before the United States Supreme Court, says: “The Constitution does not allow SUNY officials to use preferential treatment in allocating these funds, and while these groups may be a minority on campus, they cannot be treated as second-class citizens. SUNY will have to follow the Constitution.”
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ADF Steps In To Protect Graduation Speech Through hard work and determination, Mathew Reynolds achieved the highest grade point average in his senior class – resulting in being named valedictorian in recognition of his academic performance.
But Mathew knew that it was more than just hard work and determination that had helped him succeed – he knew that he owed all of his success to Jesus Christ.
When he wanted give credit to Jesus Christ in his graduation speech, he was told – before he wrote the speech -- by school officials that his speech must be “secular” and not mention his religious faith even if Mathew made it clear at the beginning of his speech that his opinions were personal and did not represent those of the school.
Mathew and his parents contacted ADF staff counsel Kevin Theriot at ADF’s Kansas City regional service center. Since the graduation ceremony was held last night, May 23rd, time was of the essence. Kevin quickly fired off a letter – stating Mathew’s constitutional right to talk about Christ during his speech.
The school relented – and Sunday night, Matthew was able to proclaim his faith and give all credit and glory to Jesus Christ!
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Another Effort to Censor Religious Speech Halted…Officer Sean Jauch of the Janesville, Wisconsin police department regularly posted announcements about his off-site prayer group on the police department bulletin board, just like the other officers who were allowed to use the board for matters of concern or interest to them. That was until the “separation of church and state police” showed up.
The simple announcements referred to Hebrews 11:6:
“And without faith it is impossible to please God, because anyone who comes to him must believe that He exists and He rewards those who earnestly seek Him.” A person claimed such scripture was “harassment” and it “offended” them.
As a result the chief of police ordered that the prayer group announcement be removed from the bulletin board, even though Officer Jauch met with him in an attempt to resolve any problems. The chief said that the announcement violated the so-called “separation of church and state.”
Officer Jauch turned to ADF for help.
ADF staff counsel Joshua Carden sent a polite letter to the chief explaining that the removal of the announcement violated Officer Jauch’s constitutional right to free speech and religious expression and requested that this Believer be allowed to continue posting the announcement of the prayer group, just like his secular colleagues were allowed. The chief relented.
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God Delivers a SOLID WIN in “Tiles for Smiles” Case…Paul and Ann Seidman of Scottsdale, Arizona wanted to purchase tiles encouraging their children in the hallway of their local elementary school.
All that Paul and Ann wanted to do was to buy tiles that simply said “God bless Quinn, We love you Mom & Dad” and “God bless Haley. We love you Mom & Dad.” There was no sectarian message.
Nevertheless, the mere mention of the word “God” caused the Pinnacle Peak School District to reject the tile messages! After the Seidmans talked with the pastor of an ADF team member about the situation, they called us for help. ADF allied and former staff attorney Peter Gentala took their case.
And after almost two years of effort, I am pleased to announce that a federal judge has ruled in the favor of the Seidmans and religious freedom!
In his decision, the judge said that the school district did not reject other tiles with statements of personal belief and patriotism. He added that other tiles were accepted, and in his words, “some nearly identical to the Seidmans’ messages only from a secular viewpoint.”
As a result, the judge said,
“The court can only conclude that the school district engaged in viewpoint discrimination by rejecting religious statements on a subject that would have been permissible as within the scope of the forum if presented from a secular point of view…once a forum is opened up to speaking on a particular topic, a school cannot prohibit others from speaking on the basis that what they intend to say has been spoken from a religious perspective.”
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A Home Run for Religious Freedom…For the Catawba County (North Carolina) School District, it was three strikes and you’re out.
River Bend Middle School had allowed school supporters – such as tire dealers, security companies, and other churches to purchase advertising space on the school’s athletic field. When the Oxford Baptist Church asked to display a sign with the Bible verse:
“Whether therefore ye eat, or drink, or whatsoever ye do, do all to the glory of God,” (1 Corinthians 10:31), their request was denied.
When negotiations were fruitless, ADF attorney Gary McCaleb sued the school district in the U.S. District Court for the Western District of North Carolina for violating the church and its members First Liberty – religious freedom. After a lot of hard work – thanks be to God – the school district has finally given up and agreed to settle.
Gary says: “We’re thankful. The school district is paying the legal costs, and both sides now agree on the legal principles that regulate equal access to school property for community groups. It is important that school boards recognize the First Amendment applies equally. Government officials may not exclude a church from these types of programs merely because the group speaks from a religious viewpoint.”
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Another Allied Success at the U.S. Supreme Court!The doorway to equal access for Christians became a bit wider – and a little more ACLU type mythology disappeared -- when the United States Supreme Court denied review of the ADF-funded Ninth Circuit victory in
Hills v. Scottsdale Unified School District.
Joseph Hills is a believer who runs a summer camp that teaches woodworking, dance, and numerous other subjects, including two religious classes called “Bible Heroes” and “Bible Tales.” When he tried to distribute flyers at local schools – under the same terms as for other flyers -- he was told by the school district that the distribution would not be allowed because of the so-called “separation of church and state.”
In May 2003, the Ninth Circuit Court of Appeals, seldom a friend of religious liberty, ruled the school district was wrong in censoring the flyers, citing other ADF- assisted U.S. Supreme Court cases. The Scottsdale Unified School District appealed their loss to the U.S. Supreme Court, resulting in Tuesday’s High Court decision to deny review.
ADF staff attorney Gary McCaleb, one of Hills’ attorneys, said:
“We are very thankful. Christians are no longer forced to ride on the back of the free speech bus.” Gary worked with allied lawyers David Cortman, Kevin Theriot, and Walter Weber to secure this victory.
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Another Unconstitutional Attempt to Stifle Religious Freedom Fails!Northview Community Church is a small congregation that had sought to rent space at a Seattle, Washington public school – at the same rate as all other groups.
Instead, the church was forced to pay four times the amount of other groups to rent the school cafeteria for their worship services. When the church appealed to the school district to be charged the same amount as other groups – they were told that they would have to divulge the names and addresses of each church member first in order to get the more favorable rate!
Because of the cost and their desire to protect the privacy of their members, the church had no other option but to stop holding services at the school. The church then turned to ADF for help.
ADF allied attorney Kyle Nettlefield and ADF staff counsel Gary McCaleb filed a lawsuit against the school district’s discriminatory policy.
The school district has agreed to reimburse the church for the excess rent it charged (over $25,000) the church, as well as pay for all attorneys’ fees. In addition, the district has revised its policies and will no longer request membership lists from non-profit organizations as a condition for receiving the same rate as other groups.
Gary McCaleb says:
“The Constitution makes it clear that you don’t have to tell the government who your members are to exercise free speech. Furthermore, a church must receive the same treatment as another non-profit organization in a similar situation.”
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Another Win for Equal Access…The United States Court of Appeals for the Third Circuit has ruled that a lower court properly halted the Stafford Township School District from discriminating against two Child Evangelism Fellowship “Good News Clubs” that had simply wanted to distribute flyers to promote its meetings, just like any other group.
The school district had claimed that it could discriminate against the distribution of the flyers because the clubs involved are “proselytizing.” The court rejected this argument, stating:
“These rationalizations are either incoherent or euphemisms for viewpoint-based religious discrimination…What Stafford appears to mean, when it says that it excludes groups that proselytize is that it rejects religiously affiliated groups that attempt to recruit new members and persuade them to adopt the group’s views. This is viewpoint discrimination.” ADF had funded the lawsuit brought against the school district by the Christian Legal Society.
ADF chief counsel Benjamin Bull says,
“Thanks to ADF ministry friends, we are funding an ever growing number of efforts to defend religious community groups when school districts decide to violate their constitutional rights – and will fund many more.”
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Free Speech Upheld in Nebraska…At Norfolk (Nebraska) High School, the graduating seniors voted to have two separate prayers, an invocation and benediction, as part of their commencement ceremony. These prayers were non-sectarian. Two students were chosen to deliver the prayers.
One student who did not participate in the vote told his mother, and they went immediately to the American Civil Liberties Union (ACLU). The ACLU informed the school superintendent and school board that they would take immediate legal action if the prayers were allowed. At the beginning of the commencement ceremony, the school board president told the assembled senior class, along with the relatives and friends:
“With deepest regret from the Board and Administration, and with our most sincere apologies to the Senior Class of 2000, we will need to remove the Invocation and Benediction from today’s graduation ceremonies…we are saddened that it has come to this.” But one school board member had had enough of the ACLU’s bullying tactics. When he got up to speak, he recited the Lord’s Prayer, without asking anyone to bow their heads or stand, in protest of this unconstitutional censoring of religious speech. The result was that the ACLU and the family filed suit against the two members of the school board. The suit was subsequently dropped against the school board president, but the suit against the other school board member remained. ADF National Litigation Academy trained attorney Jeff Downing provided key legal assistance to his defense.
The result? On August 20, 2003, the U.S. Court of Appeals for the Eighth Circuit, in a 2-1 decision, ruled that the school board member was
privately opposing the school board’s decision when he included the prayer in his remarks, and therefore was engaging in constitutionally protected speech. The ADF-funded victory in
Adler v. Duval County School Board was cited repeatedly in the majority opinion!
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ADF Allied Attorney Protects Free Speech in Ohio…ADF allied attorney Nate Kellum successfully defended the religious liberty and First Amendment rights of a man who had been arrested for peacefully preaching on the steps of the Ohio state capitol. A federal court initially ruled that once this man had been arrested based upon a state law, then he no longer has access to federal courts to challenge the validity of the statute that led to the arrest, even if the law violates the U.S. Constitution! With ADF funding, Nate appealed the case to the Sixth Circuit Court of Appeals, and in a 2-1 decision, the appellate court ruled that challenges to local and state laws that limit religious freedom and speech can be heard in federal courts.
Earlier in the year, Nate had successfully defended (in another ADF-funded case) another believer who had been threatened with arrest for passing out leaflets and displaying a sign that proclaimed the Gospel of Christ. Nate brought a separate lawsuit that challenged the same ordinance that the other individual had been found to be in violation of. In that case, the federal court had ruled that the statute that had been used to silence both of these men was indeed unconstitutional.
The result is one more notch towards restoring religious freedom and freedom of speech for those who seek to share God’s Word on public property!
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Fellowship of Christian Athletes Chapter Wins Right to Meet…The South Tama (Iowa) Community School District had denied a Fellowship of Christian Athletes club the same access that other secular student clubs had. Jordon Lyman, one of the students in the club, decided to challenge the school policy. She contacted ADF and a demand letter was sent that pointed out the school district’s error in denying the club equal access. The district quickly relented and the club is allowed to meet at the public school, just like all other student groups.
ADF staff attorney Peter Gentala explains:
“The school district must level the playing field. The courts have firmly established the right of student religious clubs to have full and equal access to school property consistent with the First Amendment. The crucial factor that triggers the Equal Access Act is whether a school district allows other non-curriculum clubs to use school facilities.” Jordon of FCA was thrilled. She said:
“I am excited that the opportunity now exists for kids to get involved in a Christian club…[the new provisions make it] easier for the group to grow…”
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ADF allied attorney successfully defends employee fired for wearing a cross…In Logan, Kentucky, a public library employee was fired for wearing a cross pendant to work. With the assistance of ADF funded allied attorney Frank Manion, the employee filed a lawsuit against the library’s policy that prevented staff members from wearing religiously-oriented clothes or jewelry. Last week, a U.S. District Court judge ruled that the library policy did indeed violate her free speech and religious freedom rights, writing
“It is simply beyond credibility that an employee’s personal display of a cross pendant, a star of David, or some other minor, unobtrusive religious symbol on her person would interfere with the library’s purpose.”
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Ten Commandments Allowed to Be Displayed Again...ADF and its allies have been heavily involved in efforts to preserve the public display of the Ten Commandments in government buildings One of the most heated cases has been in Chester County, Pennsylvania, where the ACLU and the Freethought Society of Greater Philadelphia had filed a lawsuit to have a plaque of the Ten Commandments at the county courthouse removed, citing the so-called “separation of church and state.” A lower court judge had ruled in favor of the atheists and the plaque was covered lest it offend someone.
County officials appealed to the U.S. Court of Appeals for the Third Circuit and ADF funded a key amicus effort in support of the county’s right to display the plaque. On June 27th, a three-judge panel issued a unanimous decision that overturned the lower court ruling and allows the plaque to be displayed again!
County commissioner Colin Hanna commented on this victory:
“This is a great day for Chester County, for America, for the Constitution, and for the original intent of the framers of the Constitution.”
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Bronx Church Wins Right to Meet in Public School…After an Eight Year Struggle...The U.S. Court of Appeals for the Second Circuit affirmed an earlier lower court victory -- issuing a 2-1 decision – on behalf of the Bronx Household of Faith, allowing worship services in the New York City public schools - just like all other community group meetings - ending a generation of discrimination against churches in our nation’s largest city!
This victory was only made possible because of the staying power and persistence of two brave inner-city pastors, Robert Hall and Jack Roberts, ADF attorney Jordan Lorence, and allied attorneys Joe Infranco and Rena Lindevaldsen; ADF’s God-given precedent-setting strategy; all backed by your prayers and financial support which allowed the pastors and the ADF backed team to remain in the battle year after year; and most of all, because of God’s always amazing grace.
In the majority decision, the judges specifically cited an earlier Supreme Court win in
Good News Club v. Milford Central Schools (an ADF supported victory) as the determining factor in the outcome.
Jordan Lorence says about this win:
“It pays to persevere. For a generation, the federal circuit court of appeals has constantly refused to allow worship services in New York City public school buildings while all other community groups were allowed to meet, until today. In this 2-1 decision, the Second Circuit has reversed its anti-worship holdings based other ADF-funded precedents. By building one victory after another, and setting legal precedents along the way, we have now, by God’s grace, been able to knock down what seemed to be an impenetrable barrier to the Gospel in our nation’s largest city. The doors of the approximately 1200 school buildings in New York City, that for decades have been closed to any form of worship service, have now been opened on equal terms with others.” “When Pastors Hall and Roberts left Francis Schaefer’s L’Abri Fellowship in the early seventies, they asked themselves, ‘What can we do to evangelize New York City?’ Never in their wildest dreams would they have suspected that the Lord was going to use them to tear down this stronghold and open up almost 1200 closed doors for the Gospel of Jesus Christ. Their dogged persistence and prayers, along with the support of ADF’s ministry friends, has now set forth the healing power of the Gospel of Jesus Christ to move throughout New York City.”
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ADF Successfully Defends Effort to Publicize Christian Camp…Joseph Hills wanted to run a summer camp that taught wood-working, dance, and numerous other subjects, including two religious classes called “Bible Heroes” and “Bible Tales.” He tried to distribute the flyers to students at local schools (just like other non-profit groups were allowed to do), but he ran into the tired out roadblock of the so-called “separation of church and state.” Without the ability to advertise, the camp could not take place.
After a loss at the trial level two allied organizations, with ADF funding, filed an appeal to the Ninth Circuit Court. Using the ADF-assisted Supreme Court precedent won in
Good News Club v. Milford Central Schools, the circuit court reversed and remanded the lower court ruling saying that “speech discussing otherwise permissible subjects cannot be excluded from a limited public forum simply because the subject is discussed from a religious viewpoint.”
ADF staff attorney Gary McCaleb says:
“The Ninth Circuit got it right when they said this is unconstitutional discrimination against the Christian viewpoint and free speech. Equal treatment of Christians and equal access for Christians in our public schools is long overdue.” McCaleb also commented that if more Christians would step up to the plate like Mr. Hills when they face discrimination, we could have even more victories.
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Students Allowed to Promote “See You at the Pole”... Students at Crosby-Ironton High School sought permission from school officials to post a flyer promoting “See You at the Pole” to pray for their school and for our country. Their request was denied by the principal, who told the students that they could not hand out the flyers (citing “fairness” and the so-called “separation of church and state”) unless they removed the word “prayer” and any Biblical quotations! It’s pretty difficult to promote any event if you are denied the right to tell about its purpose. Later on, the same principal told the students that they could not hand out flyers promoting their Bible study either.
ADF funded a lawsuit against the school to stop this violation of the students’ free speech and free exercise of religion rights. With the assistance of ADF attorney Gary McCaleb, the school has now settled the case and will allow the students to post their flyers intact!
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ADF Allied Attorney Gains Access for Local Student Club in Nation's Second Largest School District…The Los Angeles Unified School District (LAUSD) attempted to force a “Good News Club” to pay fees to have access to school facilities. Other groups, such as the Boy Scouts, YMCA, etc., did not have to pay this fee.
An ADF-funded attorney filed a federal lawsuit on behalf of the Good News Club and the LAUSD has successfully settled the case. Followers of Jesus now have the same free access to school facilities as all other groups.
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Students Win Right to Distribute Candy Canes…In December 2002, the L.I.F.E Bible Club at Westfield (Massachusetts) High School had decided to pass out the candy canes, along with a folded card that contained the story behind the candy cane, a Scripture verse, and information about their meetings. The students respectfully approached the principal of the school to obtain permission to pass out the candy canes and the information.
The principal denied their request, stating that the Christian message might be “offensive” to some students. The superintendent of schools concurred with the principal’s opinion. The club members, who felt very strongly about sharing the Gospel with their classmates, then decided to hand out the candy canes during non-class time. Other students passed out items of their own choosing. Upon their return from Christmas break, the club members were brought into the principal’s office and were informed that they were being suspended for distributing the “offensive” candy canes and literature.
The students, whose families were friends of an ADF team member, sought ADF's help. After much prayer, with the assistance of an ADF-selected and funded attorney, the club members filed a federal lawsuit, requesting that the Court issue an injunction against the school to keep it from punishing the club members and to allow them to distribute the candy canes and the attached message. The Bush Administration’s Department of Justice also became involved in the case, filing a brief that the school’s policy was “viewpoint discrimination” in violation of the First Amendment.
The federal district court judge agreed and granted the club’s request for an injunction!
Our ADF-allied attorney stated:
“This decision is a masterpiece that will become a classic and frequently cited case defending the rights of student free speech on public school campuses.”
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Attempt to Shut Down Faith-Based Prison Program Fails…The Freedom from Religion Foundation, an atheist organization based in Madison, Wisconsin, is a leading opponent of the Gospel, filing lawsuit after lawsuit to remove all forms of religious expression from the public square. Their latest target was Faith Works, a faith-based organization that provides treatment and rehabilitation for prisoners who are addicted to alcohol and illegal drugs.
Faith Works was visited by President Bush to highlight its highly successful results in helping Wisconsin inmates to get back on their feet and become productive members of society. Under current policy, Wisconsin Department of Corrections personnel set parole conditions for inmates, which can include attending a drug and alcohol treatment program. Faith Works may be recommended by the corrections personnel, along with five other secular groups, and the inmate can choose which program they wish to attend…they are not required to attend the Faith Works program.
But the folks at the Freedom from Religion Foundation were not happy that the successful Faith Works program was even an option for the potential parolees. They challenged the constitutionality of Faith Works receiving state funds to pay for its treatment program, stating that it was a violation of the so-called “separation of church and state.”
ADF came to the defense of Faith Works by providing funding to ADF allied attorney Dan Kelly, who worked with ADF attorneys in coordinating the strategy and the writing of briefs to defeat this challenge.
In a unanimous decision, the Federal Court of Appeals for the Seventh Circuit held the Faith Works program does not violate the Establishment Clause. They noted that since prisoners have a choice of which program to enroll in, either secular or religious, the program is constitutional. Therefore, there is no legal reason to deny Faith Works access to the same government funding that secular groups receive. Cited in this decision was the ADF-assisted precedent in last year’s Supreme Court victory,
Zelman v. Simmons-Harris, which upheld the constitutionality of Cleveland, Ohio’s school voucher program for low-income families.
ADF staff counsel Jordan Lorence said:
“We applaud this unanimous decision by the court. The opinion clearly indicates that in the Faith Works Milwaukee program the state of Wisconsin has struck the right constitutional balance.”
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ADF Allied Attorney Wins Right for Group to Meet in Public Library…An ADF-supported legal team was successful in an effort to knock down another one of these barriers, this time in Mitchell County, Texas.
Rev. Seneca Lee wanted to use the “Hesperian Room” at the Mitchell County Public Library to hold a meeting that addressed political and social issues from a Christian perspective. Rev. Lee received a letter back from the library that stated that “the [library] policy proscribes that such meeting room is not available for religious purposes.” With ADF funding, an action was filed in federal court against the public library on the basis that the library violated his First Amendment right to free speech when it denied his application.
Here’s the great news: after the suit was filed the library quickly backed down and repealed its discriminatory policy!
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Another Win in the Battle to Preserve the Ten Commandments…ADF allied attorney Frank Manion, with the assistance of a key ADF-funded amicus brief, was successful in his efforts to get the U.S. District Court to dismiss a lawsuit filed by the ACLU to remove the display of the Ten Commandments at the Mercer County, Kentucky courthouse.
In the opinion, U.S. District Court Judge Karl S. Forester said:
“the display clearly has a legitimate secular purpose of, including but not limited to, acknowledging the historical influence of the Commandments on the development of this country’s laws…” Frank Manion said about the decision:
“This is a tremendous affirmation that the legal attack aimed at removing the Ten Commandments from places like the Mercer County courthouse is legally flawed and without merit. The court is extremely clear that the display does not violate the constitution and acknowledges the role that the Ten Commandments has played in our nation’s heritage and history…”
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Eleven Year Old Girl Allowed to Give Report on the Bible…All 11-year-old Elizabeth Johnson wanted to do was to do her oral book report on the Bible. However, it took the work of ADF volunteer attorney Robert Corry to make it possible.
Elizabeth had been given an assignment from her teachers at a public school in Colorado, to choose a favorite book to do an oral book report on. Elizabeth said: “I like the Bible, so I chose that.” She chose to share the book of Exodus with her classmates. However, her teachers immediately rejected her choice. According to Elizabeth, the teachers said that the Bible might be “offensive” to children of different religious faiths. Elizabeth says that she was told that she could not bring her Bible to school. This left her very discouraged. She said:
“After that I felt like I never wanted to choose the Bible…I should never choose the Bible and it didn’t make me feel so good.” Attorney Robert Corry, who attended an ADF training academy in 1999, got involved and wrote a detailed letter to the Boulder Valley School District explaining why the school was in violation of Elizabeth’s free speech rights and that it would face a civil rights lawsuit if they did not allow her to do her report on Exodus.
An associate of Robert’s, 2002 ADF Academy graduate Gage Fellows, also contacted Channel 9, one of the most influential stations in the Denver market. The TV station got in touch with the school, inquired about the case, and within 20 minutes the school district had backed down and Elizabeth was able to do her book report on the Bible!
Robert reported:
“The Lord used the media to achieve His purpose, and once again, this case would not exist without ADF. The parents, who are of humble resources, would not have known where to turn. Because of ADF, a young passionate Christian is able to share her faith with her peers in a public school class during the Christmas season. This is a victory for freedom of speech, freedom of thought, and freedom of religion.”
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Student Allowed to Keep Scholarship Because of ADF Intervention…The United States Supreme Court will be hearing oral arguments in the case of Locke v. Davey on Tuesday, December 2. Preparations are now fully underway!
This case involves the state of Washington’s denial of a “Promise” scholarship (for low-income/high-achieving students) for Joshua Davey – a young believer who chose to pursue a college degree in theology “from a religious viewpoint.” (Amazingly, it would have been permissible if he had not declared a major or majored in theology from a “non-religious viewpoint.”)
ADF-funded attorneys Gary McCaleb (now in ADF’s Scottsdale office), Kevin Theriot (now in ADF’s Kansas City Service Center), and ally Stuart Roth have assisted Joshua in his lawsuit against the state since 2000. In July 2002, the Ninth U.S. Circuit Court of Appeals ruled in favor of Joshua, and the losing state of Washington appealed to the U.S. Supreme Court.
Please be in prayer for these critical oral arguments. A victory would eliminate another large brick in the artificial wall of “separation of church and state” which ADF has been working hard since our founding to rebuild to look like what our nation’s Founders intended – not the ACLU’s version.
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A Victory in the “Metaphysical Mecca”…Few places in America cry out for the Gospel more than Cassadaga, Florida. This small town bills itself as the “metaphysical mecca” of Florida. Its population is almost entirely made up of “spiritualists” who believe that they can communicate with the dead. There are no Protestant, Catholic, or Jewish congregations in the area. It was into this environment that Pastor John Farro and Dunamis Community and Outreach Ministries wanted to bring the Good News of Jesus Christ.
The ministry purchased approximately an acre of land outside of Cassadaga to start a church. They applied for zoning approval, but their request was denied by Volusia County (where Cassadaga is located) after spiritualists stated that they did not want to “be evangelized.” One dissenting councilman called the decision “stupid” since there was no objective reason to deny the church the right to build on the property.
An ADF-funded attorney filed a federal lawsuit on behalf of the church, claiming that the council’s decision violated not only the First Amendment but the Religious Land Use and Institutionalized Persons Act or RLUIPA, which was signed into law in 2000.
On September 5, 2002, the Volusia County Council approved a settlement agreement that ended the lawsuit and gave the church the right to locate in Cassadaga.
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A “Prince” of a Decision…Tausha Prince, a student at the high school, wanted her Bible club, called the “World Changers”, to be able to meet at the school. To do this they had to be designated as a fully equal access eligible entity. The school would only recognize them as an organization with limited options and rights. This meant that they were treated differently than other groups.
Four years ago, with the assistance of ADF funding and allied attorney Gary McCaleb, Tausha and her parents filed a lawsuit against the school district, claiming the school’s designation of World Changers denied the group the same access to school facilities and funding as other groups, violating Equal Access law.
After losing at the District Court level, Tausha and her parents appealed to the Ninth Circuit Court of Appeals, and they won!
On September 9, 2002, the appellate court ruled that the school district did violate Tausha’s rights by refusing to give her club the same status and benefits of other non-religious groups on campus. Cited in the opinion were legal precedents set in ADF-supported Supreme Court victories in the cases of
Rosenberger v. Rector and Visitors of the University of Virginia,
Mitchell v. Helms, and
Zelman v. Simmons-Harris.
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Lives Changed Because of Equal Access Victory…In October 2001 Nancy Thomason, director of the San Fernando Valley chapter of Child Evangelism Fellowship, filed a request with the Los Angeles Unified School District to have a “Good News” club at the Chase Street Elementary School in Panorama City.
The school district had a policy that stated that civic and community groups are allowed to use school facilities to “meet and discuss any subjects and questions which appertain to the educational, political, economic, cultural, artistic, and moral interests of the citizens of the community in which they reside.” The policy forbids “sectarian or denominational religious exercises and activities…”
As a result, the request was denied. The only way that that Mrs. Thomason could gain access to school facilities was to apply through the district’s Real Estate branch and pay application and rental fees that other groups like the Boy Scouts and Girl Scouts did not have to pay. Yet, when she followed these guidelines and offered to pay the fee, the request was still denied!
With the help of an ADF-allied ministry, Mrs. Thomason filed suit in district court to gain the equal access that had been guaranteed by the ADF-funded
Good News decision several months earlier. The court awarded a preliminary injunction that overturned the policy and opened the schoolhouse doors to Mrs. Thomason and the Good News Club.
If that news was not exciting enough, here is something that should cause us further rejoicing (and cause gnashing of teeth at the ACLU)…SEVENTY-TWO children signed up to attend the after-school club at the elementary school!
The ADF-allied attorney who assisted Mrs. Thomason said:
“Christian after-school clubs do not have to take the back seat of the bus. The Supreme Court has removed the barriers these religious clubs once encountered. Now we need to educate each school district that equal access really means equal access.”
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Pastor Wins Right to Have Bible Study…Immediately after the tragic attack on the World Trade Center towers, a pastor wanted to use a community center (that is part of a public housing development where the pastor resides) in the New York City to conduct a Bible study for those reeling in distress from the deaths of family members and friends (who also resided in the development). The facility the pastor requested use of the Woodside Community Center, which is open for numerous activities, including exercise groups, HIV/AIDS awareness programs, and arts and crafts classes.
Yet, when the pastor requested use of the center, the borough administrator, Mr. Pagan, denied the request, citing the New York City Housing Authority Manual, which stated that “religious services, unless the religious services are directly connected to the principal reasons for a family oriented event, such as a wedding [are prohibited].”
ADF allied attorney Vincent McCarthy demanded equal access. When the housing authority refused, Vincent, with ADF funding, filed a lawsuit, stating that the policy violates Federal constitutional provisions of free speech, equal protection, the establishment clause and New York state constitutional provisions relating to equal protection, discrimination, and equal access to facilities.
The court ruled in favor of the pastor and the Bible study.
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Students Allowed to Share the Gospel on Campus…Rosie Cumana, Marcos Garcia, and several other students attempted to distribute a business-size card to students at Miami-Dade Community College. The card succinctly said:
“The call you’ll never forget.” It included a phone number of a local church ministry where callers could listen to a recorded message about Jesus Christ. Rosie, Marcos, and the other students were approached by campus security officers, who told them that they could not distribute their business-size cards. A campus literature distribution policy required prior review and approval of any literature distribution.
Shortly thereafter, the students respectfully returned. This time both a security officer and administration official approached the students and told them that they must cease the distribution of the material. Three other security officers quickly came to the scene as well. When the students tried to leave, the security officers blocked them off and summoned a police officer who threatened arrest.
An ADF-funded attorney filed a suit on behalf of the students’ First Amendment right to distribute material without prior permission from the school administration. In May 2002, just one day before the case went to trial, the college settled the lawsuit, and a federal judge approved that settlement. The college was barred from reviewing the content of the Christian literature and cannot stop its distribution except under limited circumstances. The college also agreed to pay the students’ attorneys’ fees and costs as part of the settlement.
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Student Can Now Share About Her Youth Group…Caitlin Ribelin, a sixth-grade student in the Flagstaff, Arizona Unified School District, wanted to tell her classmates about her church youth group. However, she was told by the school principal that she would not be allowed to do so. The principal based his decision on poorly drafted school policies that prohibited students from passing out written religious materials authored by non-students anywhere on campus.
ADF allied attorney Gary McCaleb of the Center for Arizona Policy, tried to settle the matter through informal means with the school district, but was unable to do so. With funding from ADF, Gary filed a federal lawsuit against the school district.
The result? Shortly after the filing of the lawsuit, the school district changed its policy! From now on, religious literature will be treated the same as secular literature, therefore, Caitlin and other students will be able to distribute flyers and other information regarding church activities!
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Church Can Continue Meeting in Public School…Reunion Church had been renting an empty high school on Sunday mornings to hold its worship services. In the middle of its lease with the Dallas Independent School District, the church was evicted because of the so-called “separation of church and state.”
With the assistance of ADF friend and Texas attorney Kelly Shackelford, a complaint was filed in federal court against the school district citing unconstitutional religious discrimination and for violations of its lease agreement. As always, numerous other non-religious groups were allowed to rent school district facilities, but the church was unfairly denied their equal access right to use the high school.
After deliberation brought about by the lawsuit, the school district agreed to not only honor the lease but also change their policy so churches would receive the same treatment as non-religious organizations when it came to renting school facilities.
Kelly Shackelford remarked:
“The Dallas Independent School District did the right thing, not only for Reunion Church, but for every religious group. They will now be treated fairly when they ask for equal treatment in renting school facilities. This decision is good for Dallas, good for our Constitution and hopefully will set a good example for other school districts.”
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Another Victory for the Ten Commandments…In Elkhart, Indiana, a U.S. district court judge ruled against the Indiana ACLU when he found that the city of Elkhart had not violated the First Amendment because it displayed a monument of the Ten Commandments (which had been donated by an outside group) on the lawn of the city hall. To deal with possible constitutional concerns, the city proposed adding monuments to the Declaration of Independence, the Preamble to the U.S. Constitution, the Bill of Rights, and the Magna Carta to the lawn area. The judge accepted this solution, stating that the display
“represents a proper balance concerning all of the constitutional values that are involved with the case and complies with the First Amendment of the Constitution of the United States, as currently interpreted by the Supreme Court of the United States.” ADF friend and allied attorney Francis Manion, who argued the case, said:
“We are pleased that the court has concluded that Elkhart’s proposed display passes constitutional muster. The Ten Commandments are clearly an important foundation of our legal system, and nothing in our Constitution prohibits government from acknowledging that fact.”
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Attempt to Censor Valentines Fails…An Indiana school district attempted to ban Christian students from handing out Valentines that shared Christ’s love with their fellow classmates. The valentines say “The greatest gift of love” on one side and “John 3:16” on the other.
ADF friend and allied volunteer attorney Barbara Weller (trained at one of our
National Litigation Academy events) quickly sprung into action, equipped with the information and legal precedent necessary to win. She faxed the school district attorney 67 pages of material, including the complaint and brief from the
Nyman case. In addition, she checked the school district’s religion policy – and found that they were in violation of their own guidelines by denying the students their right to distribute the Valentines! With this legal information staring him right in the face, the school district attorney quickly relented and allowed the students to pass out their Valentines.
Barbara says:
“The fact that ADF had the brief, etc., already done so that I could move with haste and with a little ammunition…made all the difference.”
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A Victory for Equal Access in New York State…In 1996, the Liberty Christian Center wanted to hold worship services at a school facility. Their request was denied even though the Watertown school district allowed other community organizations to use their facilities after hours. With the help of an ADF-allied ministry, Liberty Christian Center took legal action against the school district. Because of this action, a federal court issued a permanent injunction against the policy, which the school district then changed, and made even more discriminatory towards Christian groups!
In 1998, Liberty Christian Center decided to bring a challenge to the even more discriminatory policy and asked for permission to hold a concert after hours at a school. They were turned down, and Liberty Christian Center prayerfully decided to take legal action against this policy.
Again, the school district lost, this time with the state Supreme Court (which is actually a lower trial court in New York) stating that their policy was “unconstitutionally overbroad.” The school district continued to fight the case and now, after a year of pursing an appeal, the school district has finally given up! The district has agreed to accept a permanent injunction that prohibits the school district from continuing to enforce its facilities use policy.
ADF-allied attorney Stuart Roth, who represented Liberty Christian Center said,
“It has been a long and difficult road to secure a critical equal access victory for our clients…this settlement agreement represents a successful resolution to lengthy litigation. We are delighted that the constitutional rights of our clients have been protected and that this cycle of religious hostility has been broken.”
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Church No Longer Subject to Discriminatory Fees…A small but dynamic young church in Cave Creek was using public school facilities owned by the Cave Creek School District for their weekly worship service. Then the school district passed a new policy that allowed all non-profit community groups to use school facilities at no charge with one notable exception – churches! Under the new policy, the church was charged over $1,200 monthly – a fee that no one else paid to have access to the same facilities.
The church contacted ADF and our chief counsel Benjamin Bull, sent a demand letter to the district, explaining that ADF would defend the church. Benjamin presented an analysis of the unconstitutionality of the school’s policy of discrimination. In addition, he filed a Freedom of Information Act Request to obtain all relevant district records in regards to the amounts the district had charged other groups to use their facilities during the past three years.
On November 20, 2001, the school district’s attorney conceded that the policy was unconstitutional and said it would be revised. Ben then sent another letter, demanding that the district reimburse the church for all monies paid under the policy and that the church be given the same treatment as all other non-profit community groups until a new constitutional policy was adopted. On December 19th, the attorney for the school district agreed to reimburse the church and to seek ADF’s input in enacting a new constitutional policy!
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Swim Coach Allowed to Share His Faith…A swim coach in Northglenn, Colorado, felt that it was important that his students learn more than just the butterfly and the backstroke. He believed that it was his duty to help prepare them for life as well, by sharing the Gospel with them.
The coach received a letter from the city recreations director stating that he would no longer be permitted to be on the premises of the city recreation facility where he taught. A concerned father, who knew the coach was a dedicated believer, wrote to the city, asking why the coach had been banned. They wrote back saying that the coach had used “offensive language” The father then talked to the aquatic director about these charges, and the director told him that the coach was always “preaching.” The father suspected what the so-called “offensive language” was…it was the Gospel!
The father contacted ADF, and we referred him to Robert Corry, a graduate of one of our National Litigation Academies. A U.S. district judge granted Robert’s motion for a preliminary injunction that allowed the swim coach to return to work at the Northglenn pool.
Robert says:
“The coach regularly shares his Christian faith with his young swimmers, and the government took offense and terminated his pool privileges…This case would not exist without ADF.”
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Eight Year Old Allowed to Pass Out Valentines…Eight year old Morgan Nyman wanted to share something special with her classmates at Cushing Elementary School (Wisconsin) this past Valentine’s Day: the love of Jesus Christ. While her classmates brought store-bought valentines featuring Britney Spears, N’Sync, and Looney Toons characters, Morgan carefully made cards by hand with such sayings as “Jesus Loves You” and “F.R.O.G: Freely Rely on God.” However, when school officials learned about her cards, she was barred from distributing them, because they were “religious” and allowing their distribution would “violate the separation of church and state.” Morgan was crushed.
With the assistance of an ADF-funded attorney, Morgan and her parents filed a lawsuit against the Kettle Moraine School District, charging that the district had violated her free-speech rights as well as her right to exercise her religious beliefs. The result? The school district settled the case and will allow Morgan to share her Valentine’s Day cards in the future! In addition, as part of the settlement, the school district published a public apology to Morgan in the
Milwaukee Journal-Sentinel newspaper. The apology reads:
“This past Valentine’s Day, Morgan Nyman sought to distribute valentines that contained religious themes during a Valentines Day exchange in her second grade classroom at the Cushing Elementary School. The school did not allow Morgan to distribute the valentines in class due to the religious nature of the valentines, but instead, redirected her to distribute them before or after school. To the extent the school’s actions may have infringed upon Morgan’s First Amendment rights to free speech, the School District of Kettle Moraine apologizes.”
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