On The Front Lines
Rutherford Institute Succeeds in Having ACLU Lawsuit Dismissed Against Individual Board Members Over Prayer at School Board Meetings
WILMINGTON, Del. -- U.S. District Court Judge Joseph Farnan has agreed to dismiss a lawsuit filed by the ACLU against individual members of the Indian River School District Board of Education. The lawsuit, which was filed 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. Rutherford Institute attorneys, who have been representing school board member Reginald Helms in his official capacity, have argued that prayers intended to solemnize School Board meetings are part of the legislative process. In dismissing the case against the individual board members, Judge Farnan declared that opening a session of the legislature or other deliberative public body with a prayer is not a violation of the Establishment Clause. In issuing his opinion, Farnan also declared that absolute immunity extends to legislators at all levels of government, including school board members in Delaware. Although Farnan dismissed the lawsuit against the individual members of the school board, the lawsuit against the school district will continue. Thomas Neuberger, a Rutherford Institute affiliate attorney with the Neuberger Firm, which is based in Wilmington, Del., defended school board member Reginald Helms against the ACLU's lawsuit. A copy of Judge Farnan's opinion is available here."This is a great victory for the free speech rights of school board members," stated John W. Whitehead, president of The Rutherford Institute. "It reinforces prior Supreme Court precedent that the practice of opening legislative sessions with a prayer is acceptable under the Constitution."
The Rutherford Institute was approached for help in August 2004, after the Wilmington, Del., branch of the ACLU demanded that the Indian River School District discontinue offering prayers at graduation ceremonies and school events, as well as at their board meetings. Despite ACLU pressure to cease, board members continued to open their business meetings with a brief prayer. The board also adopted a policy on prayer which 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 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. Institute attorneys will now seek to have the district court declare as legal the specific written policy which allows Board members to open their meetings with a prayer, sectarian or non-sectarian.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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