Jesus portrait battle widens

Christian-rights organization to defend school against ACLU suit

By Anna L. Mallory, The Charleston Gazette, August 19, 2006

An organization whose attorneys have battled gay-marriage amendments and argued to save cross-shaped monuments is bringing its quest for religious freedom to Harrison County.

The Arizona-based Alliance Defense Fund will represent Harrison County’s school board in a federal lawsuit this winter, making the case part of its annual $20 million in expenses.

In June, Americans United for Church and State and the American Civil Liberties Union filed suit over Warner Sallman’s "Head of Christ" hanging at Bridgeport High.

The board, its superintendent and Bridgeport High Principal Lindy Bennett all are named in the lawsuit alleging that the portrait of Jesus at the high school infringes on religious freedom.

Since the filing, several national organizations have expressed interest in helping the school system fight to keep the painting in the school. The ADF did not contact the board, but member Mike Queen recommended them about two weeks ago.

ADF does have a pattern in Christian-rights cases.

Shortly after the Harrison lawsuit was filed, ADF filed a friend-of-the-court brief with the Georgia Supreme Court defending the legality of the state’s constitutional amendment that says marriage is a union between one man and one woman.

In July, the alliance filed briefs in the U.S. Supreme Court on behalf of the American Legion Department of California. The ADF was opposed to a court ruling that decreed a cross honoring veterans at Mount Soledad, in San Diego, should be removed.

They’ve also worked to support Christian groups in colleges.

Although school attorney Richard Yurko has advised Harrison’s board that it likely will lose its religious-rights case, members decided earlier this week to continue fighting. Board members voted 4-1 on Friday to retain ADF. Some of the other organizations, such as the Rutherford Institute, could file briefs on the board’s behalf, however.

"[Some board members] may be against the premise of this," Queen said. "But they’re going with the majority, making sure we have the best legal counsel we can find."

Queen helped to raise about $150,000 in community and national funding that will pay ADF’s fees. The organization also might hire the Clarksburg firm Steptoe and Johnson, of which Yurko is an employee.

Already, the board has incurred about $22,000 in expenses for the case.

The painting is a school tradition that has been handed down from principal to principal for more than 30 years.

On Thursday, it was stolen, but board members still hired the ADF because they believe the picture will be returned.

Police said Friday they have no suspects in the case, but the intruder to the high school did leave fingerprints, and video cameras caught images of him.

"This person now has taken federal evidence," Queen said.

Even if the original picture does not return, a community member already has offered to provide a replica. At the board’s meeting on Friday, a local church tried to hand the board a replica, too.

The painting is an even brighter version of the one that used to hang outside the school principal’s office.

Queen said the board will hold off on placing the church’s offering in the school. He said board members feared that the replica would just be stolen if it were replaced so soon after Thursday’s burglary.

"We feel it’s just a good time to take a breath here," he said. "I believe the board would have put it back up if there was some kind of fear that the court case was in jeopardy."

ADF attorney Gary McAleb confirmed that the organization had been retained, but said it will take as much as three days to "really have their arms around the case."

The trial is set to begin Feb. 28.

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