On The Front Lines
Rutherford Institute Attorneys Counter ACLU Arguments, File Response to Lawsuit over Prayer at School Board Meetings
WILMINGTON, Del. -- Attorneys for The Rutherford Institute have filed a reply brief in U.S. District Court for the District of Delaware in support of their motion to dismiss a lawsuit recently filed by the ACLU against Reginald Helms in his official capacity as a member of the Indian River School District Board of Education. The lawsuit, which was filed by the ACLU in February 2005 against school board members in their personal and professional capacities, alleges that school-sponsored prayer "has pervaded the life of teachers and students" in the Indian River District schools. In their motion to have the case dismissed, Institute attorneys argued that as a school board member, Helms should have immunity from liability claims under the established doctrine of absolute legislative immunity. Furthermore, they state in the reply brief that dismissal is warranted because "prayers intended to solemnize School Board meetings are part of the legislative process" and are also protected by absolute immunity.An official with the Indian River School District Board of Education contacted The Rutherford Institute for help in August 2004, after the Wilmington, Del., branch of the ACLU demanded that IRSD board members stop opening their monthly business meetings with a prayer. Attorneys for The Rutherford Institute agreed to represent Reginald Helms, vice president of the IRSD Board of Education, in his individual capacity should the Delaware school district's practice of opening meetings with a brief prayer be challenged. Despite pressure from the Wilmington chapter of the ACLU to cease issuing prayers at public events, officials with the IRSD opened a school board meeting on Aug. 24, 2004, with a brief invocation. Several hundred members of the community gathered at Frankford Elementary School for the monthly business meeting broke into applause after Board President Harvey Walls asked board member Dr. Donald G. Hattier to lead the board in a word of prayer. During their Oct. 19, 2004, meeting, the board adopted its current policy on prayer. The policy states that in order to "solemnify School Board proceedings, it is the policy of the Board to open its meetings with a prayer, sectarian or non-sectarian, or a moment of silence, all in accord with the freedom of conscience of the individual adult Board member." The policy also requires that the prayers be voluntary and that no school employee, student in attendance or member of the community in attendance be required to participate in any such prayer or moment of silence. Thomas Neuberger, a Rutherford affiliate attorney with the Neuberger Firm, which is based in Wilmington, Del., is defending school board member Reginald Helms against the ACLU's lawsuit.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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