NEW ORLEANS (AP) — A federal judge ordered a public school system to stop allowing in-school Bible giveaways, saying the practice violates the First Amendment separation of church and state.
"Distribution of Bibles is a religious activity without a secular purpose" and amounts to school board promotion of Christianity, U.S. District Judge Carl J. Barbier ruled in a case brought by the American Civil Liberties Union of Louisiana against the Tangipahoa Parish School Board.
As requested by both sides, Barbier made a summary judgment based only on the written briefs — something judges may do only if the law is absolutely clear.
Defense attorney Christopher M. Moody said late Tuesday that the school board decided to appeal the ruling to the 5th U.S. Circuit Court of Appeal.
"We think our chances on appeal are very good," he said.
The ACLU filed the lawsuit for an anonymous family whose daughter said she felt pressured into taking a Bible even though she doesn't believe in God. The girl was called Jane Roe and her father John Roe out of fear of retaliation by schoolmates and neighbors, the ACLU has said.
Jane Roe was a fifth-grader at Loranger Middle School when The Gideons International visited on May 9, 2007. Principal Andre Pellerin notified fifth-grade teachers that the group would be on campus all day, giving away Bibles outside his office. His e-mail said, "Please stress to students that they DO NOT have to get a bible," according to Barbier.
However, the judge wrote, even procedures upheld as neutral for secondary school students might be out of bounds for "an impressionable young elementary-age child."
He cited a ruling that upheld a West Virginia county's system of putting both religious and nonreligious material on a secondary school table where school students could walk past it. Grade-school children might not understand that the school board was not endorsing any of the materials, the 4th Circuit Court of Appeal said in that case.
At Loranger, the table outside the principal's office also created the impression that the school was endorsing Christianity, Barbier wrote.
Moody said the school board was working on a policy along the lines of the one cited by Barbier, but it was still being developed. But, he said, the board believes the current policy is legal.
Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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the church should be separated from the state.
this is what happens when church & state unite.
Daniel 3:8-30
But some of the astrologers[a] went to the king and informed on the Jews. 9 They said to King Nebuchadnezzar, “Long live the king! 10 YOU ISSUED A DECREE REQUIRING ALL THE PEOPLE TO BOW DOWN & WORSHIP THE GOLD STATUE WHEN THEY HEAR THE SOUND OF THE HORN, FLUTE, LYRE, HARP, pipes, and other musical instruments. 11 THAT DECREE ALSO STATES THAT THOSE WHO REFUSE TO OBEY MUST BE THROWN INTO A BLAZING FURNACE. 12 But there are some Jews—Shadrach, Meshach, and Abednego—whom you have put in charge of the province of Babylon. They pay no attention to you, Your Majesty. They refuse to serve your gods and do not worship the gold statue you have set up.”
13 Then Nebuchadnezzar flew into a rage and ordered that Shadrach, Meshach, and Abednego be brought before him. When they were brought in, 14 Nebuchadnezzar said to them, “Is it true, Shadrach, Meshach, and Abednego, that you refuse to serve my gods or to worship the gold statue I have set up? 15 I will give you one more chance to bow down and worship the statue I have made when you hear the sound of the musical instruments.[b] But if you refuse, you will be thrown immediately into the blazing furnace. And then what god will be able to rescue you from my power?”
Shuck Creation,
Do you support the right of Muslims to stand next to the table and tell the kids receiving bibles that they actually have the correct word from god? Or the mormons, or the hindus, or scientologists? I actually recommend reading the bible, the koran, the upanishads, dianetics, and more. If you read just one you can easily become convinced that it is true. If you read them all you easily become convinced that they all are false.
Ender,
Hitler was not an atheist. He had a mix of christian and occult beliefs. You can find him criticizing certain christians at times but so do all christians. Stalin and Mao were atheists though. I've noticed an increase in calling Hitler an atheist over the years and I'm sure it will get worse due to Ben Stein's movie expelled. But if you goal is truth and not propaganda you shouldn't just reiterate popular propaganda but follow the evidence. You will lose your audience when saying something that is easily demonstrably false. Please consider it.
scitsonga, no I wouldn't. I'd bring my bible and stand next to the table and tell others of the word of God. I'd also be willing to buy a bible for any wishing to read it.
There are some who will never learn from catastophies. ender: yes hitler and that bunch were beyond help. and there are extremists out there. I have learned to use extreme caution with every person I meet. I ask God daily for discernment. I will also say this: RELIGION KILLS
scitsonga, you can go to Amazon.com and get a Bible or a Quran. Besides, what do you want? Do you want to go to Iran to pick up your Quran? Maybe you and Jimmy C. can have tea with Al Quida or some terrorist, and see how long you live. I really don't think the Quran has YOUR best interests in mind.
I'm not so sure about Christians being the most immoral people in history. Stalin, Mao and Hitler (all atheist) murdered more people than probably anyone else in history. Every belief system has extremists.
Shuckcreations, what if they decided to have a Quran giveaway, would you be opposed to that?
This is getting ridiculous!! I was pretty sure the amendment states that the government should make no law regarding religion. They have no control over what a school can do as they are not making anything required. Our country is starting to go under and we need to get it back!! Persecution still exists and our own government has turned into the persecutors!! Please pray for the future of our country.