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defending the First Amendment against the Christian right ...

Jews On First!

... because if Jews don't speak out, they'll think we don't mind

Religious Plays and Displays in the Public Schools

JewsOnFirst interview with attorney Hal Sklar, whose lawsuit against the Harrison County, West Virginia school board resulted in the permanent removal of a portrait of Jesus. We've also posted documents from the case. Click here.

Below on this page: National News and Issues | State-by-state reports

National News and Issues

The ACLU is at it again.

Jay Sekulow, American Center for Law & Justice, November 28, 2006

With an outrageous boldness that only they could muster, the ACLU has set their sights on Christmas ...

In their never-ending quest to completely eradicate all things religious from public life, the ACLU's latest lawsuit is an all-out frontal attack on the freedom of speech. Let me ask you - when did a children's Christmas program become illegal? When did the nativity story and Christmas songs become unconstitutional?

Because this is the dangerous charge the ACLU has leveled. A children's Christmas program has been deemed unconstitutional by the ACLU.

This is why I am asking for your help. The ACLJ is engaged in this case, so if you are as outraged as I am over this latest legal scare tactic by the ACLU, please give your most generous gift of support today to be matched by our $850,000 PROTECTING LIFE AND LIBERTY Matching Challenge for TWICE the impact! Continue
Please also see our coverage of the Christian Right's "war" over Christmas.   

Alabama

Evangelical Christian Film Is Inappropriate For Public School, Americans United Tells Alabama Educators
"Facing The Giants" Movie Is Aimed At Evangelism, Says AU's Lynn

News release, Americans United for Separation of Church and State, January 15, 2008

A church-produced evangelical Christian movie is aimed at evangelism and is inappropriate for public schools, Americans United for Separation of Church and State has told Alabama educators.

After receiving complaints, Americans United has urged officials at Tuscaloosa City Schools to stop showing the film “Facing the Giants.”

“This movie is not educational; it’s evangelistic,” said the Rev. Barry W. Lynn, executive director of Americans United. “Parents and taxpayers expect our public schools to teach, not preach.”

In a Jan. 15 letter, Americans United attorneys note that the film was shown repeatedly in classrooms last semester at Paul W. Bryant High School and that the school’s principal plans to continue airing it in the future. Continue.

Group rebuts ‘Giants’ critics

By Karen Coleman, Tuscaloosa News, January 21, 2008

Former Alabama Supreme Court Chief Justice Roy Moore’s religious legal rights group, Foundation For Moral Law, has published a letter in support of Paul W. Bryant High School’s use of the movie “Facing the Giants” in the classroom.

“Facing the Giants” is a church-produced film about a football team finding success through Christian faith and prayer. A national church-state separation group sent a letter Jan. 15 asking that the school not show the film again after hearing complaints about it.

The group, Washington, D.C.-based Americans United for Separation of Church And State, urged in its letter to school system leaders that the film not be shown again because its only purpose appeared to be religious conversion, thus violating the First Amendment’s prohibition of state establishment of religion. Continue.

Judge Roy Moore and Foundation for Moral Law Applaud Paul W. Bryant High School for Showing Christian Movie Which Americans United for Separation of Church and State Wants Censored

News release, Foundation for Moral Law, January 18, 2007

MEDIA ADVISORY, Jan. 18 /Christian Newswire/ -- Former Alabama Chief Justice Roy S. Moore and the Foundation for Moral Law sent a letter today to the Tuscaloosa Public Schools applauding Superintendent Dr. Joyce Levey and Principal Amanda H. Cassity for showing the movie, Facing the Giants at Paul W. Bryant High School (PWBHS). The Foundation also urged school officials to ignore the absurd demand by Americans United for Separation of Church and State (AUSCS) to ban the movie from all district schools. In a letter dated January 15, 2008, AUSCS claimed that showing Christian movies in a public school violated the Establishment Clause of the First Amendment.

The Foundation's letter, on the other hand, explained that the Establishment Clause prohibits only a "law respecting an establishment of religion" and said AUSCS's "thinly-veiled threats rely on shrill demands and general confusion about this area of the law in an attempt to cow the Tuscaloosa school district into quiet capitulation." Continue.

Michigan

Michigan: School play causes 'First Amendment' issues

By Brad Edwards, WOOD-TV Broadcasting (Grand Rapids, Michigan), June 5, 2006

MUSKEGON -- Muskegon Public School officials admit making a mistake in the case of a school assembly that "clearly" crossed the line between the separation of church and state.

"The Last Call" is a play written by the congregation of Shiloh Tabernacle Church in Muskegon. Reverend Vern Wright said it is based on the Book of Revelations and is actually about forgiveness. Continue

North Carolina

School dispute beyond candy
Expression of faith may drive lawsuit

By Marti Maguire, The News & Observer (Raleigh, North Carolina), April 23, 2006

The Alliance Defense Fund is threatening to sue a Raleigh school to force it to allow an elementary school child to pass out candy with sectarian Christian messages. The school prevented the child from passing out the candy during a school presentation. Click for the report

Ohio

Governor signs mandate to display donated mottoes in schools

The Beacon Journal (Akron, Ohio), July 11, 2006

COLUMBUS, Ohio - Despite constitutional concerns, Gov. Bob Taft signed a bill Tuesday requiring all public and community schools to display any donated copies of the national and state mottoes - "In God We Trust" and "With God, All Things Are Possible."

Both mottoes have withstood court challenges suggesting that they violate the clause on separation of church and state in the First Amendment of the U.S. Constitution.

However, a legislative analysis of the bill questioned whether displaying the mottoes in schools would be equally successful in court. Continue

Lawyer Lauds Ohio Law's Mandate That Schools Display State, National Mottos

Allie Martin, Agape Press, July 18, 2006

A pro-family attorney says he believes a new law calling on Ohio schools to exhibit the U.S. motto is constitutional. The bill recently signed into law by Governor Bob Taft requires public and community schools to display any donated copies of the national motto, "In God We Trust," and the state motto, "With God all things are possible."

Mat Staver, founder of the legal organization Liberty Counsel, says contrary to the arguments of groups like the American Civil Liberties Union (ACLU) and Americans United for the Separation of Church and State, acknowledging religious heritage is not an "establishment of religion" in violation of the Constitution of the United States. "There's no question that patriotism is fine," he contends. Continue

Virginia

Judge OKs removal of teacher's Christian-themed posters

By The Associated Press via First Amendment Center, March 1, 2006

A federal judge has ruled that a southeastern Virginia school district did not violate a teacher's First Amendment rights by taking down Christian postings from his classroom walls. The Rutherford Institute, which represented the teacher, said it would appeal the ruling. Click here for the report.

West Virginia

Recorded Conversation: Attorney tells of successfully concluding Jesus portrait case
JewsOnFirst interviews Hal Sklar, who brought case against Harrison County School Board

by JewsOnFirst co-directors Rabbi Haim Dov Beliak and Jane Hunter, November 6, 2006

In a recorded conversation with JewsOnFirst, West Virginia attorney Hal Sklar discusses his successful struggle to have a portrait of Jesus removed from the hallway near a high school principal's office. Even after its own attorney said it would lose a lawsuit seeking the picture's removal, the Harrison County School Board fought on, backed by religious right groups. Finally, last month, the board decided to settle the case by promising that its schools will not display items with religious content. In our conversation, Sklar recounts how he got the district from "no" to "yes" and the toll it took on him and his family. Click here to listen to the conversation.

Case Documents: Harold Sklar and Jacqueline McKenzie vs. Board of Education of Harrison County

US District Court for the Northern District of West Virginia, Civil Action No. 1:06-CV-103

Click here for the Complaint. Click here for the court-ordered settlement. (Both are PDF documents.)

ACLU Calls Bridgeport High School Settlement a Victory For Freedom of Religion

ACLU news release, October 20, 2006

CHARLESTON, WV – In a victory for religious freedom, a federal judge approved a settlement in which the Harrison County Board of Education agreed not to post any more unconstitutional displays endorsing religion. The settlement ensures school officials will neither restore the portrait nor a replica to the school nor post unconstitutional pictures, paintings, posters or other items. Continue.

Jesus of Bridgeport saga ends

By John O'Brien, The West Virginia Record, October 11, 2006

CLARKSBURG - For years, Harold Sklar had been telling the Harrison County school board that it had no defensible position for having a portrait of Jesus hanging in the halls of Bridgeport High School.

When Sklar, an attorney, filed a lawsuit in June to have it removed, school board attorney Richard Yurko told the board the same thing.

On Friday, the board finally showed it was listening.

That's when Harrison County school board members voted 4-1 to approve a settlement that provides it will never hang or display any item with religious content in the school. Continue.

Americans United Succeeds In Challenge To Religious Display At West Virginia School
Watchdog Group Lauds School Officials For Agreeing Not To Display Picture Of Jesus Or Other Unconstitutional Religious Displays

News release, Americans United for Separation of Church and State, October 6, 2006

Americans United for Separation of Church and State today lauded a West Virginia public school board for agreeing not to display a portrait of Jesus or other unconstitutional devotional art at its high school.

This morning, the Harrison County School Board voted 4-1 to settle a lawsuit brought by Americans United and the American Civil Liberties Union Foundation of West Virginia over the long-time display of Warner Sallman’s famous “Head of Christ” portrait at Bridgeport High School. Continue.

Inscription Removed; Suit Debated
An inscription mentioning on a mirror mentioning Jesus has been removed from Bridgeport High School. Meanwhile the Harrison County School Board still debates fighting the lawsuit.

Gabe Gutierrez, The State Journal, September 5, 2006

The Jesus portrait lawsuit still isn't over. Last week the school board decided to take steps to have that lawsuit dismissed. But the two civil liberties groups that filed the suit have a series of demands.

At its meeting Tuesday night, the board will get its first look at that proposal. Continue

Harrison Board Of Education seeks dismissal of lawsuit
Citing August theft of ‘Jesus Portrait’ from Bridgeport High

By Bill Byrd, The Times West Virginian, September 01, 2006

FAIRMONT Citing the theft last month of the "Jesus Portrait" from Bridgeport High School, the Harrison County School Board agreed Thursday to seek dismissal of a civil liberties lawsuit filed in federal district court by complaining parents.

The theft of the reproduction of artist Warner Sallman’s life-size "Head of Christ" leaves the school board without a viable legal argument, said Michael Queen. Continue.

Reaction to Portrait Decision Mixed
The issue has made for quite a first week of classes at Bridgeport High School, as students enter the year with a new principal

By Gabe Gutierrez, The State Journal (West Virginia), August 31, 2006 (Updated September 1, 2006)

Mark DeFazio has worked at Bridgeport High School for eight years, but as the new principal, he has a lot of controversy on his hands.

"At this particular time, I'd rather not discuss that issue," DeFazio says, referring to the missing Jesus portrait that once hung in the hall outside the school's office. "In the future, I'd be more willing to address it."

But one look at his office, and you can see he has a lot invested in the issue's outcome. He has a small copy of the Jesus portrait taped to a wall in his office. Continue

Americans United And ACLU Make Offer To Settle Dispute Over Devotional Art In West Virginia School
Proposed Agreement Calls On School Officials To Refrain From Further Promotion Of Religion

Americans United for the Separation of Church and State, News release, September 1, 2006

Americans United for Separation of Church and State and the American Civil Liberties Union of West Virginia have offered to drop a lawsuit against a West Virginia school district that had a portrait of Jesus hanging in a high school, provided that officials agree to stop promoting religion.

The devotional portrait, Warner Sallman’s “Head of Christ,” has been hanging outside the principal’s office for 30 years. Recently, the portrait was stolen, although school officials have intimated that they might replace it. Continue.

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. Continue.

Jesus Painting Stolen

by Gabe Gutierrez, WTRF-TV (Wheeling, West Virginia), August, 17, 2006

The masked man knew what he was doing.

"He got into the building around 3:41 (Thursday) morning," said Det. Mike Lemley with the Bridgeport police department.

Police say the suspect smashed a window at the back end of the school, walked through the building, swiped the painting and took off.

He seemed to know where the cameras were. Police believe he was very familiar with the school's layout. Continue

‘Why can’t other people respect my religion?’
Queen: Battle over Jesus portrait about religious liberty

By Bill Byrd, The Times West Virginian (Fairmont, West Virginia), August 20, 2006

This local story has many details about the plaintiffs and the defendants in the portrait case. Please click here.

Portrait Of Intolerance: W.Va. School Board Continues Fight To Display Painting Of Jesus In Local High School
School board members in Harrison County, W.Va., remain obstinately in favor of promoting Christianity at Bridgeport High School.

Americans United for the Separation of Church and State, Wall of Separation, August 16, 2006

Late yesterday, after spending at least an hour in a closed-door session, the Harrison County Board of Education announced it will continue to fight a federal lawsuit seeking removal of a portrait of Jesus at Bridgeport High School. Board member Mike Queen, who has been a loud supporter of the religious display, said more than $150,000 in private funds had been raised to help the district pay for the legal challenge. Continue

Fundraiser told to stop
Money would pay legal costs to keep Jesus portrait in Bridgeport school

By Paul J. Nyden, The Charleston Gazette (Charleston, West Virginia), August 11, 2006

A Harrison County school board member was told Thursday to stop soliciting money to help keep a picture of Jesus Christ displayed in Bridgeport High School.

Michael Queen said he received an e-mail from Lew Brewer, director of the state Ethics Commission, that advised him to stop raising money for the recently formed Christian Freedom Fund. Continue.

West Virginia school fights to keep painting of Jesus on the wall

MojoBlog, Mother Jones, August 16, 2006

Some kids raise money to buy sports equipment for their school. Some raise money to help Katrina victims. At Bridgeport High School in Clarksburg, West Virginia, the kids raised $6,700 so that a picture of Jesus can remain on the wall. They had some help from the local Christian Freedom Fund, which raised over $150,000 to pay for legal fees. Continue

Bridgeport Battle: West Virginia School Board Keeps Fight Over Jesus Display Alive
A school board in West Virginia seems determined to wage a costly legal battle to keep a portrait of Jesus Christ on display in one of its high schools.

Americans United for the Separation of Church and State, Wall of Separation, August 04, 2006

Last night, the Harrison County Board of Education for the second time voted to continue its support of a print of Jesus that hangs outside the principal’s office at Bridgeport High School. The 1941 Warner Sallman rendering is the nation’s most recognizable devotional artwork of Christianity’s central figure.

Earlier this summer, Americans United for Separation of Church and State and the ACLU of West Virginia filed a lawsuit in federal court arguing that the religious display is a blatant violation of the First Amendment. The case was brought on behalf of two Bridgeport residents, Hal Sklar and Jacqueline McKenzie.

On June 6, the board’s president and vice president voted to remove the print. Their motion, however, failed because one board member, Doug Gray, was absent, and two others voted against it. Continue.

West Virginia School District Sued Over Religious Display
Civil Liberties Groups Say Portrait Of Jesus Outside Principal's Office Is An Unconstitutional Government Endorsement Of Religion

News Release, Americans United for the Separation of Church and State, June 28, 2006

A federal lawsuit has been lodged against a public school district in West Virginia over a portrait of Jesus displayed outside the principal’s office at Bridgeport High School.

Two civil liberties organizations, Americans United for Separation of Church and State and the ACLU of West Virginia, filed the lawsuit today in the U.S. District Court for the Northern District of West Virginia after Harrison County school officials refused to remove the religious picture. Continue

School Board Being Sued Over Jesus Portrait Weighs Options

Jim Brown and Jenni Parker, Agape Press via NewsBull.com, August 15, 2006

A West Virginia school board, under legal pressure from the American Civil Liberties Union (ACLU) and Americans United for the Separation of Church and State, will vote today on whether to remove a portrait of Jesus Christ from the hallway of a local high school. Continue

ACLU Has Problem With Jesus Portrait on School Wall
Christian Legal Firm Stands Ready to Defend West Virginia School If Sued

By Jim Brown, AgapePress via wdcmedia.com, June 16, 2006

A pro-family legal group is offering to defend a West Virginia school board that's the target of a lawsuit threat from the ACLU because it has decided not to remove a portrait of Jesus Christ from a local high school.

The Harrison County School Board recently voted 2-2 to leave a portrait of the Savior on the wall of the lobby outside the principal's office at Bridgeport High School. The American Civil Liberties Union has vowed to sue if the board does not remove the picture. In the meantime, the Center for Law & Policy (CLP) -- the legal arm of the American Family Association -- has offered to represent the school board free of charge in the event the ACLU follows through on its threat. Continue

  


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