On The Front Lines
Rutherford Institute Attorneys Present Oral Arguments Before Court of Appeals On Behalf of High School Bible Club
The Rutherford Institute Defends Free Speech & Equal Access Rights of High School Bible Club
PHILADELPHIA--Attorneys for The Rutherford Institute presented oral arguments before the Third Circuit Court of Appeals on behalf of Melissa Donovan, the president of a Pennsylvania high school Bible club that was prohibited from meeting during the school's regular activity period. The arguments follow the appeal of a 2002 district court ruling in favor of the Punxsutawney Area School District's argument that it had the authority to require the Bible Club to meet before school. The original complaint, filed in U.S. District Court for the Western District of Pennsylvania, charges Punxsutawney school officials with violating the federal Equal Access Act of 1984, which permits student-initiated religious groups to meet on school grounds during non-instructional time. Institute attorneys also argue that the school violated the Bible Club members' First Amendment rights of freedom of speech and free exercise of religion.
For the past six years, members of the Punxsutawney Area High School Bible Club have been forced to meet prior to the start of the school day, rather than during the school's regular activity period. All other student groups, such as the Ski Club and Students Against Drunk Driving, have been allowed to meet during the activity period. School officials prohibited members of the Bible Club from advertising in the school bulletin and from exercising privileges extended to students in other clubs. The Bible Club repeatedly requested to be treated the same as other student-led clubs. After several unsuccessful attempts to resolve the matter, Donovan and other club members contacted The Rutherford Institute for assistance. Although the school's legal counsel believes the activity period to be "instructional" time, Institute attorneys, citing cases in which courts have defined periods during the official school day such as lunch period, library period and homeroom period as non-instructional time, insist that the activity period is subject to federal law requiring equal access for student Bible clubs.
"Neither the First Amendment nor federal civil rights law permits public school officials to treat religious clubs and their members like second-class citizens," said John W. Whitehead, president of The Rutherford Institute. "These educators' actions teach nothing but officially sanctioned disrespect and intolerance for religious students."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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