Tangipahoa schools catch more legal flak

New suit over religion sets record, ACLU says

By Jenny Hurwitz, The Times-Picayune, June 7, 2007

For the second time in as many months, a parent has launched a federal lawsuit against the Tangipahoa School Board over religion, this time objecting to a teacher-led prayer delivered at a recent high school graduation ceremony.

The suit was filed Wednesday in U.S. District Court in New Orleans. It marks the sixth court case in 13 years by the American Civil Liberties Union against the same school district involving matters of religion, according to Joe Cook, executive director of Louisiana's branch of the ACLU.

"It's certainly a state record," Cook said. "I'm not aware of any school district that's been sued this many times for religious freedom."

Plaintiffs for the case include John "P," who is proceeding on behalf of his minor children Jane "P" and Joan "P," both of whom are students in the school system and several years from graduation, according to the suit.

The plaintiffs took action after attending a high school graduation ceremony for the Tangipahoa PM High School in Hammond on May 17.

At the ceremony, John "P" received a program that specified a student would deliver the invocation.

Instead, Anthony Massi, a faculty member at PM High School gave a prayer that began with "Lord we thank you for ... " and ended with "We pray for these things in Jesus' name, Amen," the suit states.

A number of faculty members and administrators were present for the ceremony, including principal Dale Brouilette and recently elected board member Ann Smith, who "condoned, approved of, participated and acquiesced in the giving of the invocation" by Massi, according to the suit.

John "P," who is Catholic, found the invocation "offensive and objectionable" because it served to advance only one faith or belief: Christianity, the suit claims.

"It appears that school officials believe their religious beliefs take precedence over the Constitution," Cook said. "That's dangerous to a free and democratic society."

As of Wednesday afternoon, Tangipahoa Parish School officials had not received a copy of the allegations outlined in the suit, according to schools spokeswoman Cindy Benitez.

District policy prohibits further comment regarding pending litigation, she said.

The lawsuit represents the latest in a series of ongoing conflicts over school prayer and religious freedom in Tangipahoa Parish public schools.

Last month, a parent filed a federal suit claiming the district permitted the distribution of Gideon Bibles to a class of fifth-graders while on school grounds.

The board also has been sued for allowing teacher-led prayer in the classroom, over the intercom, at school-sponsored events and during board meetings.

A settlement was reached three years ago, in which the district agreed to stop advancing and promoting religion at football games and other school-sponsored events. Prayer at School Board meetings was deemed unconstitutional in February 2005, but the board is appealing that decision to the 5th U.S. Circuit Court of Appeals.

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