American Civil Liberties Union of Alabama
and
Americans United For Separation of Church and State
Americans United and ACLU of Alabama sue school districts to halt egregious violations of separation of church and state
Feb. 1, 1996
MONTGOMERY -- An array of religious activities occurring in Alabama public school districts unconstitutionally promote religion, violate religious liberty and ignore over thirty years of established law, according to a lawsuit filed against the DeKalb County, Talladega City and State School Boards today in a Montgomery federal district court.
Americans United for Separation of Church and State and the American Civil Liberties Union of Alabama represent local parents and a teacher in the legal challenge to halt what may be the most egregious church/state violations in the nation. The plaintiffs are also challenging the constitutionality of the so-called Alabama Student-Initiated Prayer Statute enacted in 1993.
A press conference to discuss the legal action and its implications for church-state separation will be held on February 1, 1996 at 2 p.m. on the steps of the Federal Courthouse in Montgomery (15 Lee St). Representatives of Americans United and the ACLU will speak at the event. Members of the clergy who support church-state separation will speak as well.
In the Chandler v. James case, the plaintiffs cite prayer and Bible readings organized and led by school administrators and clergy in numerous school settings including classrooms, graduation ceremonies and sporting events; the in-school distribution of Bibles by Gideon Bible representatives; and schoolwide Bible Club meetings as evidence of the districts' refusal to adhere to constitutional mandates.
According to lead plaintiff Michael Chandler, who is a vice-principal in the DeKalb County district and has a son in the school system, “We are not seeking to stop truly voluntary religious expression in the public school system, only that which is encouraged and promoted by the school.”
Continued Chandler, “I don't want the government involved in the religious upbringing of my son. That is the job of my wife and myself. The school has no business usurping my rightful rule as a parent, and the state has no business telling my child when, where and how to pray.”
The plaintiffs are represented by Pamela Sumners and James Tucker of the ACLU of Alabama, Steven K. Green of Americans United for Separation of Church and State and Steven Pevar of the ACLU national office.
“What is going on in Alabama schools flies in the face of decades of settled law regarding government endorsement and promotion of religion. Almost every U.S. Supreme Court decision barring public schools from engaging in officially sanctioned and mandated religious activities is deliberately defied in the DeKalb County school system,” Green contends.
Said the ACLU’s Sumners, “Under the guise of instilling values, the DeKalb County administrators practice a callous disregard of the law and violate the religious freedom of the children trusted to their care.”
“The Government of Alabama not only shirked its responsibility to protect the religious liberties of its citizens,” continued Sumners, “it encouraged such abuses through the so-called Student Initiated Prayer statute.”
Added the Rev. Barry Lynn, Executive Director of Americans United, “The school administrators in DeKalb County mock the very idea of an ordered society by flagrantly violating well-established constitutional principles of religious liberty.”
Chandler v. James background information
Constitutional violations:
The following violations were reported by Mr. Chandler to the proper supervisory personnel. His complaints were met with everything from direct defiance to deliberate indifference. Mr. Chandler has exhausted all non-litigation avenues to remedy these abuses. Mr. Chandler and Jane Doe are offended by and object to the sanctioning of religion by public school officials in their respective systems.
1. A teacher of Mr. Chandler’s son required students to pray out loud in front of class. Those students who did not want to pray could designate another student to pray, while the student who objected stood by. The teacher on occasion provided students with a devotional reading excerpted from the Bible.
-School mandated prayer and Bible readings were ruled unconstitutional in Engle v. Vitale (Supreme Court, 1962) and Abington Township v. Schempp (Supreme Court, 1963).
2. On numerous occasions, students and clergy have led the crowd in prayer at high-school football games in DeKalb County. As Assistant Principal of Valley Head High School, Chandler was required to attend.
-School sponsored prayer was ruled unconstitutional in Jager v. Douglas County School System (11th Circuit, 1989).
3. Graduation services held in each of DeKalb County’s eight high schools and at Talladega High School incorporated religious activities, including, among other things, sermons given by local ministers and student-led prayer.
-Religious events at public school graduations – particularly the use of clergy – was ruled unconstitutional in Lee v. Weismann (US Supreme Court, 1992).
4. Graduates of the D.A.R.E drug-awareness program, participation in which was mandatory, were required to attend a Bible reading and devotional led by a local minister. Explicitly Christian devotionals are routinely delivered at school assemblies, 4H meeting and the like.
-Prayer and devotionals at school assemblies and school-sponsored events ruled unconstitutional (US Supreme Court; Nartowicz v. Clayton, 11th Cir 1984; Doe v. Duncanville, 5th Cir., December 1995; Ingebretsen v. Jackson, 5th Cir, January, 1996).
5. Gideon Bible Distribution occurs regularly in DeKalb County and Talladega City Schools. In November 1994 classroom instruction was halted in Mr Chandler’s son’s classroom so representatives of the Gideons could distribute Bibles to the students.
-Distribution of Bibles, specifically by the Gideons was ruled unconstitutional in 1953 (Gideon's v. Board, New Jersey; Cert denied by US Supreme Court, 1954).
Remedy and relief:
The plaintiffs seek preliminary and permanent injunctions to prevent the defendants from participating in activities such as those listed which violate the First Amendment of the Constitution. In addition, the plaintiffs seek declaratory judgment that the so-called “Student Initiated Prayer” statute is unconstitutional and may not be apply to any school activities.
Plaintiffs
Michael Chandler
Assistant principal at Valley Head School in Dekalb County. Resident of Fyffe. Has a twelve-year-old son in the DeKalb County School system.
Jane Doe
Daughter, Deborah Doe, attends school in the Talladega City System.
Defendants
Board of Education, Dekalb County
Board of Education, Talladega City System
State Board of Education
Gov. Fob James : In his official capacity as President of the State Board of Education
Jeff Sessions: In his official capacity as Attorney General of the State of Alabama
Supporting organizations
American Civil Liberties Union of Alabama
The Alabama affiliate of the American Civil Liberties Union. A legal organization dedicated to preserving the rights and liberties secured by the US and State constitutions.
Americans United for Separation of Church and State
A Washington DC based legal organization with national membership. Dedicated to preserving religious freedoms and liberties from infringement by State, Local and Federal governments.
Attorneys
Pamela Sumners: Cooperating attorney for the ACLU of Alabama
James Tucker: ACLU of Alabama Special Counsel
Steven K. Green: Attorney, Americans United for Separation of Church and State
Steven Pevar: Staff Counsel, National ACLU
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