Words fail me.  Read it here.  Wow.

I find it so amazing that our educators are so thick-headed when it comes to constitutional rights and equal access.  Broome Community College in Binghamton, NY entered into an agreement with North Pointe Church whereby the Church rented meeting space from the college.  The Church advertised its meetings and someone took offense at the idea of a church meeting at the college.  Upon receiving a few complaints the college pulled out a policy that prohibited churches from using college facilities and decided to kick the church off campus.  The church contacted the Alliance Defense Fund and has sued the college.  ADF has filed a petition for an injunction which they hope will be heard this week.  Here’s an excerpt from the press release:

Attorneys with the Alliance Defense Fund filed a lawsuit Monday on behalf of North Pointe Church against the Broome Community College board of directors and administrators after school officials enforced a policy banning groups that engage in “religious services and observances.”  College officials gave the church two weeks’ notice that it was being forced out of its regularly rented facility by March.

“Churches shouldn’t be discriminated against for their beliefs,” said ADF Legal Counsel Tim Chandler.  “The courts have long held that public officials cannot say, ‘I’m sorry, but we only rent to non-religious groups here.’  The Constitution prohibits that type of discrimination.”

North Pointe Church had been holding meetings regularly in a rented facility on the Broome Community College campus for several months, but college officials notified the church that it would no longer be able to continue to rent space to the church because of alleged complaints the school received by people who had seen or received advertisements from the church.

The college allows private groups to rent its facilities on a regular basis.  ADF attorneys argue that religious groups have equal access to public services and accommodations under the law and cannot be subject to discrimination based on the fact that the groups hold to a religious viewpoint–especially as paying customers.

Read the complaint here.  (pdf file)

A student at Los Angeles City College who was the target of outrageous discrimination by his speech professor has filed suit with help from the Alliance Defense Fund.  The assignment was to present an informative speech, with the subject matter being up to the student.  Jonathan Lopez gave a speech on God, and what God means to him.  During the course of the speech, Lopez discussed the dictionary definition of marriage, as well as what the Bible says about marriage.  His professor, John Matteson, interrupted the speech, called Lopez a “fascist b***ard” and told the students that if anyone was offended and wanted to walk out, they could.  When no one walked out, Matteson dismissed the class without allowing Lopez to finish his speech.  Matteson then refused to give Lopez a grade on his speech.  On the evaluation form, Matteson told Lopez “Ask God what your grade is”, right above a line where he chastized Lopez for “prosletyizing…in a public school”.  This is intolerable treatment, and I wish Lopez and his ADF attorney’s well in their pursuit of justice.  Some good informative links follow:

ADF Press Release here.

Lopez’s evaluation sheet here.

ADF’s fact summary sheet here.

ADF’s complaint here.

The Alliance Defense Fund has announced that a consent decree has been entered in favor of their client against Ithaca, NY.  The Ithaca police tried enforcing an ordinance that the 2nd Circuit Court of Appeals had already declared unconstitutional! I’ll include links to the appropriate press releases, complaint, and consent decree at the end, but let me summarize this case.

Kevin Deegan was a street evangelist who had been confronted by police when preaching at the Ithaca Commons.  The police enforced on him a city ordinance which banned unamplified speech which could be heard at a distance of 25 feet.  This effectively muted Deegan, who had to raise his voice to be heard over the other crowd noise at the Commons.  Deegan hired the ADF and sued the City of Ithaca and police officials.  In 2006, Deegan received a favorable ruling.  The 2nd Circuit Court of Appeals declared the ordinance unconstitutional and enjoined the city from enforcing it.  Fast forward to August 2008.  Deegan’s friend and fellow street evangelist Jim Deferio was preaching at the Ithaca Commons.  He was confronted by police officers who hushed him, citing the noise ordinance.  He returned later with Deegan and again began preaching.  Officers again approached and told him they would cite him under the noise ordinance if he didn’t keep his voice down.  When he had tried to keep his voice down earlier, people asked him to speak up as they couldn’t hear him.  Deegan approached with a copy of the injunction in his case, handed it to police, and informed them that the noise ordinance they wish to cite had been declared unconstitutional two years earlier.  Police looked at the judgment and dismissed it, saying the officers listed as defendants on that paper were no longer with the police department.  Deegan pointed out that the City of Ithaca was one of the named defendants, and it was enjoined from enforcing the noise ordinance.  The officers shrugged, didn’t bother to check out the injunction’s validity, and countered that he could have drafted that paper on his home computer!  The again threatened Deferio with a citation if he didn’t stop preaching.  In November 2008, ADF again filed suit, this time on behalf of Deferio.  It seems the lawyers representing the city knew the futility of allowing this litigation to continue.  They entered into a consent decree which allowed nominal damages for Deferio, attorney fees for the ADF, and required Ithaca to train all of its police officers on the fact that they can’t enforce that noise ordinance like that anymore.  Hopefully they do!

Read the ADF Press Release here.

Read the complaint ADF filed on behalf of Deferio here (pdf file).

Read the consent decree here. (pdf file)

When will our educators learn?!  Child Evangelism Fellowship has been forced to resort to lawsuits to open school doors to their Good News Clubs.  Their attempts are almost always effect, due largely in part to a U.S. Supreme Court ruling in their favor.  But those entrusted with educating our children still don’t get it.  CEF wins again!

Federal District Judge Ann Montgomery ruled in favor of Liberty Counsel’s lawsuit on behalf of Child Evangelism Fellowship of Minnesota (CEF) against Elk River Area School District #728. The court issued a preliminary injunction finding that the district’s policy, which discriminates against Christian groups, is unconstitutional. Liberty Counsel filed the lawsuit on September 11, 2008.

Under the policy, the district did not allow CEF to distribute literature and participate in school events to promote its Good News Clubs. The Boy Scouts and other patriotic and community service organizations are permitted to distribute their literature and promote their groups to the students.

In addition to allowing organizations other than CEF to provide written information for students, the district hosts “open house” events at the beginning of each school year. Parents attend to meet teachers and learn about the different programs available for their children. By denying CEF the opportunity to participate in the literature distribution and “open house” events on an equal basis with secular groups, the district violated clear legal precedent, according to the court.

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: “We are very pleased that the Good News Clubs will now be treated equal to the secular clubs. I am always amazed at how school officials try to invent new ways to discriminate against Christian viewpoints. Equal access is the law, and equal access means equal treatment in every respect. Good News Clubs are one of the most positive influences that public schools can offer to parents and their children. It is absurd that anyone would want to reject an organization that promotes patriotism, civic responsibility, and character development. These are qualities that young children need to learn about and develop. Instead of restricting Good News Clubs, public schools ought to embrace them.”

The Rutherford Institute is representing a prison ministry in a lawsuit against the Oklahoma Department of Corrections.  It seems the DOC has a policy prohibiting inmates from receiving letters from non-individuals (such as a ministry) or from receiving publications from someone other than a publisher or bookseller.   This hampers the ministry’s outreach to inmates.  Rutherford Institute has the details:

Attorneys for The Rutherford Institute have filed a civil rights lawsuit in federal district court against the Oklahoma Department of Corrections for its refusal to allow a Christian prison outreach ministry to send Bibles and other religious materials to prisoners. The lawsuit, filed in the U.S. District Court for the Eastern District of Oklahoma, argues that restrictions imposed by the Dept. of Corrections upon Wingspread Prison Ministries’ correspondence with prisoners violate the First and Fourteenth Amendments to the U.S. Constitution and Oklahoma’s Religious Freedom Act.

“Restricting Wingspread’s freedom of speech and religion is not only harmful to our constitutional rights,” stated John W. Whitehead, president of The Rutherford Institute, “it is also very harmful to those within prison walls in need of spiritual sustenance.”

A copy of the complaint is available here..

Founded in 1986, Wingspread Prison Ministries is a Christian ministry that reaches out to individuals incarcerated in prisons, penitentiaries, and correctional institutions throughout the United States. The ministry relies upon personal communications with prisoners in order to assure them that God and people outside their penal institutions care about them and want to assist them in changing their lives. Thus, as part of its outreach efforts, Wingspread mails Bibles, books about Jesus Christ and Christianity, newsletters on religious topics, teaching audiotapes, and other religious materials to prisoners who want to learn more about Christianity.

Wingspread volunteers correspond with prisoners about their own life stories in the hopes that by doing so, they can help the prisoners understand the Bible’s relevance to their own lives. Wingspread also provides prisoners who are indigent or mentally ill with money orders during the Christmas season, usually in small amounts between $15 and $20, which can be deposited into trust funds for the inmates and used to obtain small items to make their lives more comfortable. This giving is an integral part of Wingspread’s ministry and is a tangible expression of concern for the well-being and lives of prisoners.

However, in March 2008, officials with the Oklahoma State Penitentiary informed Wingspread that it was prohibited from sending Bibles or religious books to prisoners in accordance with a policy allowing prisoners to receive books only from a publisher, book store, or book dealer. Wingspread was also allegedly informed that while individuals could write letters to inmates, ministries could not do so. Although Wingspread sends Bibles, other religious materials and books, and money orders to prisoners in other states, it has only encountered such restrictions in Oklahoma.

…..

Well-settled case law and the Equal Access Act require that schools allow for religious groups to use school property on the same basis as non-religious community groups.  Churches or Bible clubs may not be excluded if secular groups are allowed to use school facilities, and may not be charged more for their use.  However, under the so-called “stimulus” bill before the senate, this will change.  Language in the bill denies federal funds to schools that allow use of their facilities for religious purposes.  And the Democrats wonder why they’re not viewed as faith-friendly?!  Liberty Counsel has details:

Contact your Senator and just say ”NO” to the anti-faith “stimulus” package! Not only will the Obama-Reid-Pelosi leadership spend your hard-earned money on pork and anti-family projects, but they will also force people of faith into the closet.

Dangerous language is lurking in the stimulus package that will most certainly prove stimulating to religious censors and liberal groups like the ACLU.

Both the House and Senate versions of the bill provide that stimulus funds may not be used to improve (higher education) facilities that are “used for sectarian instruction, religious worship, or a school or department of divinity….”

How outrageous! In order to receive stimulus money, many public buildings will have to expel after-school Bible groups and churches that rent those facilities.

If you look at the bill here (in pdf format) and do a search for the word “sectarian”, you’ll find the offensive language.  Contact your senators and urge them to vote against this slap in the faith (pun intended).

There is well settled legal precedent which requires schools to recognize Bible clubs on the same basis as other non-curriculum related student clubs.  However, as is typical, our children’s educators are slow to learn.  Officials at the Lindenhurst Union Free School District don’t believe they need to grant recognition to a student Bible club.  The Alliance Defense Fund has filed suit on behalf of a student.

Alliance Defense Fund attorneys filed a lawsuit in federal court Thursday after Lindenhurst Union Free School District officials repeatedly refused to grant official recognition to a student-run Bible club.

“Christian student groups shouldn’t be discriminated against for their beliefs,” said ADF Senior Legal Counsel David Cortman. “The First Amendment and federal law both prohibit such actions on the basis of religion, and this has been established by years of court precedent.”

For more than four months, Lindenhurst High School officials have repeatedly refused to grant official recognition to the club because of its religious nature. A number of other non-curriculum-related, student-led clubs–including the Gay-Straight Alliance, Key Club, and Chess Club–have received official recognition and are entitled to certain benefits and privileges.

The school district is not permitting members of the Bible club to use classrooms to meet on the same basis as other clubs. Instead, they were forced to apply for facility access as a local community organization. As a result, the Bible Club has yet to hold its first meeting while other clubs are freely meeting on campus.

“The Bible club is entitled to the same recognition and benefits as other student-led clubs on campus,” said ADF Litigation Counsel Joshua Bolinger. “It is unconstitutional for school officials to deny students their First Amendment rights simply because they are religious.”

View a copy of the complaint here.

I blogged previously about the lawsuit against California Lutheran High School.  The case was brought by two former students who were expelled for engaging in homosexual conduct.  The students alleged that CLHS violated California’s Unruh Civil Rights Act by discriminating against them on the basis of sexual orientation.  A California district court ruled for CLHS on cross-motions for summary judgment, stating that CLHS was not a “business enterprise”, and therefore was exempt from the Unruh Act.  A California appeals court just affirmed the lower court ruling.  The appellate court acknowledged that students at CLHS are required to abide by a “Christian Conduct” rule which states that students could be expelled for “engaging in immoral or scandalous conduct, whether on or off campus.”  The court of appeals agreed that CLHS was a religious entity rather than a business enterprise, and therefore exempt from th Unruh Act.  This is a great victory for religious freedom, and an example of people who would rather blame God’s messengers than abide by God’s laws.  A copy of the 37-page ruling can be read on the Alliance Defense Fund’s website (pdf file).

It seems very sad to me that those entrusted with educating our youth are the ones who are often most ignorant of basic constitutional rights.  Such was the case with Yuba College in Marysville, California.  A student named Ryan Dozier had the unmitigated gall to reach out to people at his college campus with the Gospel.  He hoisted a sign, passed out tracts, and engaged people in conversation.  A campus police officer approached Dozier and told him that he needed a permit to engage in such speech, and would be arrested and/or expelled if he did not leave.  Dozier later received a letter from the college highlighting the free speech requirements for the campus and threatening him with expulsion if he violated the policy in the future.  You see, Yuba College had designated hours for free speech - Tuesdays and Thursdays from 12:00pm to 1:00pm, provided the speaker obtains a permit two weeks in advance.  And they called this “free” speech? Dozier contacted the Alliance Defense Fund who filed suit against the college.  The college apparently hired an attorney who passed her bar exam, as they have changed their policy to allow actual free speech, paid $1 in nominal damages to Dozier, and $12,000 in attorney fees to ADF in exchange for dropping the suit.  Good on ya, ADF!

Attorneys with the Alliance Defense Fund Center for Academic Freedom secured a settlement with Yuba Community College Friday on behalf of a student, putting an end to a campus policy that requires students to obtain a permit to exercise “free speech” during two allotted hours per week.  Ryan Dozier was threatened with arrest and expulsion if he continued sharing the gospel on campus between classes.

“Christian students shouldn’t have to face jail and expulsion for expressing their beliefs on a public college campus,” said ADF Litigation Staff Counsel Heather Gebelin Hacker.  “We are pleased that Yuba College officials have finally agreed to recognize that its campus policies cannot strip away the free speech rights of students with religious viewpoints.”

ADF attorneys were able to rectify Dozier’s situation, which Young America’s Foundation ranked first on its list of “Academia’s Top 10 Abuses of 2008″ (www.centerforacademicfreedom.org/blog/default.aspx?cid=341).

Read ADF’s full press release here.

A copy of the consent decree can be viewed here.