Stephen Maturin

Yesterday the U.S. Court of Appeals for the Ninth Circuit held that a Washington public school district violated the federal Equal Access Act and the Free Speech Clause of the First Amendment when it denied a student Bible study club the same access to facilities that it granted to other student clubs. The case is Prince v. Jacoby, and the opinions can be downloaded in PDF format <a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8407B7C60D0F634D88256C2F005AB250/$file/9935490.pdf?openelement" target="_blank">here</a>. ACLJ lawyer Walt Weber was one of the attorneys representing the plaintiff, an 11th grader who helped start the club.

One of the three judges dissented in part. She concluded that granting certain specific components of the study group's equal access request would violate the Establishment Clause.

Can't say that the ruling comes as a huge surprise, but it does evidence a somewhat disturbing trend toward holding (explicitly or otherwise) that the Speech Clause trumps the Establishment Clause in cases such as this.

Mageth

I haven't read the whole thing yet, but after a quick overview I tend to agree on the "letter of the law" with the Court's opinion, esp. in regards to the Equal Access Act.

However, it does bother me a bit that school funds and resources (e.g. buses) can be used by a religious club. I'm not sure I like that as a precedent.

tgamble

Why shouldn't they?

Daggah

Wait, isn't this the "most liberal" and "most overturned" "radical" appelate court that ruled on the Pledge?

Undercurrent

Shhh. Quiet. That's when they're ruling against the ACLJ. Now, they're a noble institution founded on good christian principles.

m.

Anti-Creedance Front

Psshh, yeah, thanks to criticism from religious hounding nationwide. I do think, however, that the man could have picked a better time to bring up his argument (the Under God thing). I hope that doesn't mean it's the only time they will try that case. I think it's fine for religious clubs to use schools after hours, but they shouldn't be given any school funds or anything.
My policy on school prayer and other religious school issues: You don't like PUBLIC schools, go pay to go to a religious one. If you can't afford to, shut your ungrateful trap.

Stephen Maturin

Yes, exactly! Strangely enough, ACLJ's website doesn't contain a single mention of the 9th Cir. being "the most overruled court of appeals in the country" in connection with this new decision. After the Pledge decision came out you couldn't swing a dead cat without hitting a "most overruled" reference.

4th Generation Atheist

My stance is similar but runs more like: if you don't have the confidence that you and your church can raise your child to follow your religion's principles, it is not my responsibility to fill the breach and pay for it. Minus the "ungrateful" bit, but definitely the same on whose resposibility it is to foot the bill for one's religion.

Mageth

I do think, however, that the man could have picked a better time to bring up his argument (the Under God thing).

If this is in reference to 9/11/2001, then remember that his argument was "brought up" prior to that event.

wildernesse

I don't see any reason why there can't be a student Bible club that is given equal access to school facilities. We had a student Bible club in high school, and it had a teacher as an advisor (you can't have a school club w/o one). But it didn't get any money from the school itself--neither did the other clubs, excepting transportation to things (bus rides to conventions etc.) I don't recall what it did besides hosting breakfast on See you At the Pole day, and I'm pretty sure they never went anywhere that required a bus.

--tibac