The Frisco Independent School District in Texas was faced with complaints about Gideon volunteers hanging around outside of schools to pass out bibles to children. They solved the problem by inviting them into the school where free bibles are now made available to the students — a move that has caused some parents to object.
The school allows the religious group to come to schools on particular days to pass out the bibles. The District says that non-school literature is allowed as long as it doesn’t “attack ethnic, religious, or racial groups.” Such material must also not “interfere with school activities or the rights of others.”
How does the district prevent other material being brought into schools. I expect some parents might object to evolutionary textbooks and even environmental textbooks. How about books on atheism or paganism?
A spokesperson said “We cannot pick and choose which materials are allowed to be left at a designated location for display/pickup based upon the viewpoint expressed in the materials.” I would have less trouble with such a display if the school allows books on atheism, gay rights, Islam, and other material to be shown. Somehow I think that there would be a backlash to such material, but it might be worth a test.
For the full story, click here.
Mike A & mespo,
Aye, the proof is indeed in the eating of the pudding.
Larry, AY has provided you the principal case law. However, mespo is also correct. I did jump the gun a bit in assuming that the school would not be favorably disposed to permitting on-campus distribution of the Koran or other non-Christian religious texts. Although that is not an unreasonable practical assumption based upon the demographics of Frisco County, the pursuit of a test case under the Establishment Clause would require proof rather than assumptions. To set up a test case, for example, a Muslim group or a Wiccan coven could approach the school board and request the same access. They would likely be turned down. In addition, as AY noted, one prong of the test is whether there is a bona fide secular purpose in the school board’s actions. I seriously doubt the school board could meet that test. It would be very interesting to see the minutes of the meeting at which the Gideon proposal was approved.
i’ll encourage biblical costumes for the school’s Storybook Parade.
Bad editor. Strike “from doing.” Add “to do.”
Mike A and I disagree on this one. I don’t think the act of permitting the Gideons to distribute literature is unconstitutional so long as they permit other dissimilar groups from doing the same thing. That is what Professor Turley is driving at when he suggests a test case. I do agree it’s stupid and violative of the Board’s own policies but that does not raise Constitutional issues in and of themselves. I think we all know what’s going on here, but it only would matter if The Church of Satan or Richard Dawkins or some other non-Christian group attempted the same thing and was denied. I have no problem with people reading the Bible–so long as they read all of it. See my favorite passages above. To get rid of delusion you must expose it, not secret it away in some temple where the mystery of it lends it credibility. Let’s see if after a little stroll through Deuteronomy of Leviticus or 1 Samuel if the reader really thinks this is the best book we can come up with on morals and compassion. Were I the Gideons, I ‘d be careful what I wish for.
well, the Texas school districts actions failed the first two proponents of the Lemon test. It didnt fail the 3rd one because of one reason…the word “excessive”. This isnt really excessive intertwining of religion and government here. But, it DOES advanc religion and there is NO secular purpose here. It fails.
I would say that the Texas school distict has flunked the Lemon test!
Larry,
It is the Lemon Test.
In 1971 decision name Lemon v. Kurtzman, in which the Court struck down a state program providing aid to religious elementary and secondary schools. Using the Lemon test, a court must first determine whether the law or government action in question has a bona fide secular purpose. This prong is based on the idea that government should only concern itself in civil matters, leaving religion to the conscience of the individual. Second, a court would ask whether the state action has the primary effect of advancing or inhibiting religion. Finally, the court would consider whether the action excessively entangles religion and government. While religion and government must interact at some points while co-existing in society, the concern here is that they do not so overlap and intertwine that people have difficulty differentiating between the two.
Although the test has come under fire from several Supreme Court justices, courts continue to use this test in most establishment-clause cases.
I think that the problem is the School sanctioned it and did not give other religions a chance to offer there ware, so to speak. It is easy to understand when you have a manger but not a menorah.
The other irony is the 10 commandments are written/painted in the US Sct. Guess what the so called Christians do not own them. So it is ok, I guess. And a SCt Justice in Alabama was removed because he would not authorize the removal of the same out of the Courthouse. Yes sir re Bob. That did in fact happen.
If I lived here and my kids were in this school (which they would quickly be moved to a private school if a non-religious one was nearby), I’d be having all sorts of fun with this. Since they’re letting the Gideons in to pass out Bibles, they would have no trouble with having a Muslim group passing out the Koran. Since they have no problem passing out Bibles, they’d have no problem with the Flying Spaghetti Monster or one of those “fake” churches passing out literature. I really hope someone uses this opening to just flood the school with religious literature of every type. Let them either pick and choose who to allow, which opens up a whole new can of worms, or let them realize how misguided this decision was in the first place. People get all angry when teachers have the kids read a book that has “questionable” content in it. Because of the ignorant mothers of America, kids can’t read Harry Potter or The Catcher in the Rye in school anymore, yet we can hand out Bibles in the lunch lines!
Mike Appleton—–excellent point. I wish Mr. Turley would have offered his constitutional view of this rather than just post the story. What IS the Constitutional angle of this? I really wanna know. Im not denying there is one, I KNOW there’s one, but what is it exactly? Isnt the school system deemed as part of the “state”? Separation of church and state, right? Mike Appleton, please respond and give me the exact part of the Constitution that makes the actions of the Gideons illegal—I wanna write a story on this on my blog. I would be VERY upset if my daughter came home and she said they had Bibles set up for the taking. This is NOT what school is for. What if aan atheist group went into the school with literature that they just left out on tables for people to take? Im sure the religious people would want school officials burned at the stake. This is absurd. Im looking forward to your reply Mike A.
Madalyn Murray O’Haire:
Madalyn Murray O’Hair (April 13, 1919 – September 29, 1995) was an American atheist. She was the founder of American Atheists and, either openly or behind the scenes, was its President for 32 years from 1963 to 1995.
She is best known for the lawsuit, Murray v. Curlett, which led to a landmark Supreme Court ruling and ended the practice of daily prayer in American public schools. O’Hair later founded American Atheists[1] and became so controversial that, in 1964, Life magazine referred to her as “the most hated woman in America.”[2]
She was murdered in 1995, along with her son and granddaughter, for reasons unrelated to her public image and activism.
I knew her son and he became a Baptist Minister. Oh yeah. Willie Nelson sold Bibles door to door before he found a quicker way to search for g-d.
rafflaw:
Not all Texans are anti-constitutional, rabid-right christians who don’t trust their fellow citizens to be moral and ethical without religious indoctrination. Not all of us believe it’s fine to pass out bibles, or the koran, or the bhagavad gita on the grounds of a public school. Some Texans are actually atheists, though they usually don’t speak about that in public for fear of being shot.
FormerDem, I’m sure you realize this is unconstitutional. If challenged, it will be stopped by the courts and you and others will then attack the courts for “attacking” religion. Setting aside the fact that the action is an overt attempt to promote Christianity over non-Christian religions, I don’t know why you find it so difficult to understand that are also many Christians in the world who are not fundamentalists and not members of the Gideons. Indeed, the word “Christian” covers everything from illiterate snake handlers to polygamist and apocalytic cults. So, whose bibles should be distributed? Why should it be the St. James translation? Would you object to Catholic bibles? How about papal encyclicals? I didn’t think so. What you and others of similar attitude actually believe in is the distribution of Protestant bibles and conservative Christian indoctrination through the school system. Once you acknowledge that fact, you should see the falsity of your position.
Once again, Texas is showing its true anti-constitutional colors. If the Gideons want to hand the kids a bible, they can do it at Church or at their homes. A public school is not the place for any religion to be promoted.
I’ve been to Frisco. I had an employee the lived there at one time. AY is dead on in his analysis. It’s a nearly perfect jurisdiction to encourage this type of blatant endorsement and excessive entanglement as long as it keeps “everyone in their place”.
I hate Frisco. As badly as I loathe Dallas, Frisco is the stupid part of Dallas on steroids.
Great decision.
Where do I sign up for poppy distribution and invitations to the local airport?
“The District says that non-school literature is allowed as long as it doesn’t “attack ethnic, religious, or racial groups.”
***********
Wonder how that policy squares with this line:
“I will sweep away everything in all your land,” says the LORD. “I will sweep away both people and animals alike. Even the birds of the air and the fish in the sea will die. I will reduce the wicked to heaps of rubble, along with the rest of humanity,” says the LORD. “I will crush Judah and Jerusalem with my fist and destroy every last trace of their Baal worship. I will put an end to all the idolatrous priests, so that even the memory of them will disappear. For they go up to their roofs and bow to the sun, moon, and stars. They claim to follow the LORD, but then they worship Molech, too. So now I will destroy them! And I will destroy those who used to worship me but now no longer do. They no longer ask for the LORD’s guidance or seek my blessings.” (Zephaniah 1:2-6 NLT)
or this one:
“When the LORD your God brings you into the land you are about to enter and occupy, he will clear away many nations ahead of you: the Hittites, Girgashites, Amorites, Canaanites, Perizzites, Hivites, and Jebusites. These seven nations are all more powerful than you. When the LORD your God hands these nations over to you and you conquer them, you must completely destroy them. Make no treaties with them and show them no mercy. Do not intermarry with them, and don’t let your daughters and sons marry their sons and daughters. They will lead your young people away from me to worship other gods. Then the anger of the LORD will burn against you, and he will destroy you.” (Deuteronomy 7:1-4 NLT)
Guess there’s a policy exclusion for Jews, Hittites, Girgashites, Amorites, Canaanites, Perizzites, Hivites, and Jebusites.
A little fact about Frisco and you can see why the almighty can rule.
“As of the census of 2000, there were 33,714 people, 12,065 households, and 9,652 families residing in the city. The population density was 482.4 people per square mile (186.3/km2). There were 13,683 housing units at an average density of 195.8/sq mi (75.6/km2). The racial makeup of the city was 87.25% White, 3.76% African American, 0.38% Native American, 2.35% Asian, 0.03% Pacific Islander, 4.34% from other races, and 1.89% from two or more races. Hispanic or Latino of any race were 11.02% of the population.”
A lot of White folks and the rest are just workers, for the most part.
even Cheap Hotels, Notel Motels have the same offering. Just don’t open that drawer where the phone might be. But there are places that even the Gideons will not venture. Not to say that this is not a true Hallmark on education or is that Occasion?
Disclaimer.