On The Front Lines
Indian River School Board Refuses to Settle ACLU Lawsuit
WILMINGTON, Del. -- The Indian River School Board has rejected a proposal to settle a lawsuit over school-sponsored prayer that was filed by the ACLU against individual members of the Indian River School District Board of Education. In rejecting the proposed settlement, school board members have opted to abide by their current prayer policy, which allows for prayer before board meetings. The board's decision not to settle with the ACLU was greeted with cheers and a standing ovation from members of the community.
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. However, in February 2005, two families, aided by the ACLU, filed a lawsuit in U.S. District Court alleging "an environment of religious exclusion" in the district. The lawsuit, which was filed against school board members in their individual and official capacities, alleged that school-sponsored prayer "has pervaded the life of teachers and students" in the Indian River District schools. Responding to the ACLU's lawsuit, Rutherford Institute attorneys, who have been representing school board member Reginald Helms in his official capacity, argued that prayers intended to solemnize school board meetings are part of the legislative process. In August 2005, U.S. District Court Judge Joseph Farnan dismissed the lawsuit against individual members, declaring that opening a session of the legislature or other deliberative public body with a prayer is not a violation of the Establishment Clause and that absolute immunity extends to legislators at all levels of government, including school board members in Delaware. The ACLU's lawsuit against the school district itself was not dismissed, however. Institute attorneys are seeking 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.
"This policy is legal and non-discriminatory," said Thomas Neuberger, a Rutherford Institute affiliate attorney with the Neuberger Firm, which is based in Wilmington, Del. "It recognizes the freedom of speech of all citizen legislators to open their meetings with religious speech in accord with their particular religious tradition and freedom of conscience."
