David E. Hoy • Attorney and Counselor at Law
| Federal
court establishes secularism as dominant religion World
Magazine May 1, 1999 Volume 14; Number
17
A federal appeals court declared last week that "nonreligion" must be the dominant worldview in public schools. In a 2-1 decision, the 5th U.S. Circuit Court of Appeals ruled that the Beaumont (Texas) Independent School District's "Clergy in the Schools" program is unconstitutional. Beaumont schools began the program in 1996 in an effort to teach students morality and civic virtues. The district invited religious leaders to counsel elementary and secondary students during school hours. Ministers could not pray with the students or discuss religion, sex, or abortion. But even this wasn't watered down enough for Americans United for Separation of Church and State, the Anti-Defamation League, and several parents. The parents sued the district and the groups submitted briefs against the program. The appeals court, in overturning a lower federal court's ruling in support of the program, said the school district's "creation of a special program that recruits only clergymen to render volunteer counseling makes a clear statement that it favors religion over nonreligion." The judges also objected because the school district disproportionately selected Protestant ministers. Parents were not notified or asked to give consent, though students could decline to participate. Reprinted with permission from WORLD Magazine, ©1999 Actual resolution of legal issues depends upon many factors, including variations of facts and state laws. This web publication in not intended to provide legal advice for specific subjects, but rather to provide insight into legal developments and issues that we feel could be useful to our clients and friends. |
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