On The Front Lines

Rutherford Institute Attorneys Appeal Ruling on Free Speech & Equal Access Rights of High School Bible Club

Attorneys File Notice of Appeal in Third Circuit Court of Appeals

Philadelphia, Pa.--Attorneys for The Rutherford Institute have filed a notice of appeal with 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 appeal follows a district court decision in favor of the Punxsutawney Area School District in September 2002. 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 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 before school begins, 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. The school also disfavors the Bible club by precluding its students 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, and 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, argue that the activity period is non-instructional time and therefore subject to federal law requiring equal access for student Bible clubs.

"The Punxsutawney School District, like many school districts across the country, seems to believe it can evade the requirements of the First Amendment and federal civil rights law and perpetrate their regime of religious apartheid for students of faith by bringing all student clubs, except the Bible club, under the aegis of 'school sponsorship,'" said John W. Whitehead, president of The Rutherford Institute. "The Rutherford Institute is confident that the court of appeals will see through the School District's legal gamesmanship and order it to treat Christian students on a fair and equal basis."

The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.

---

Press Contact

Nisha N. Mohammed
Ph: (434) 978-3888, ext. 604; Pager: 800-946-4646, Pin #: 1478257
Email: Nisha N. Mohammed