FFRF victories (November 2024)
By Greg Fletcher
California
FFRF convinced the Holtville (Calif.) Unified School District not to allow representatives from the Fellowship of Christian Athletes to lead students in prayer.
FFRF learned that adult representatives from the Imperial Valley ICA had been allowed to preach and pray with students in the Holtville High School wrestling, softball, cheer, golf, cross country, volleyball, basketball and football programs. These representatives were acting as de facto chaplains and had been allowed to conduct Christian devotionals and prayers with students while having special access to students during practices and games.
“Student athletes are especially susceptible to coercion,” FFRF Staff Attorney Chris Line wrote to the district. “When their school’s athletic program allows adult representatives of a religious organization to spread religious messages or lead student athletes in prayer, the students will no doubt feel that participating in that religious activity is essential to pleasing their team’s coach and being viewed as a team player.”
District Superintendent Celso Ruiz informed FFRF that an investigation had included individual interviews with district employees and other individuals. Ruiz told FFRF that district employees were advised that they may not participate in or lead student group prayers on campus or at school sponsored events.
Colorado
After hearing from FFRF, the Englewood (Colo.) Schools system recently took action to ensure that a school counselor wouldn’t preach to students and colleagues.
A district employee reported that a school counselor at Englewood High School had been using his position to promote his personal religious beliefs to students and coworkers. FFRF’s complainant reported that the counselor had a bible quote in his email signature, “‘For as people think in their hearts, so they are.’ Proverbs 23:7.”
“When district employees use official channels of communication to promote their religious beliefs, it sends a message of exclusion that needlessly alienates the students and families who are among the 37 percent of Americans who are non-Christians, including the nearly one in three adult Americans who are religiously unaffiliated,” FFRF Staff Attorney Chris Line wrote to the district.
The district’s legal counsel, Coulter M. Bump, from Caplan & Earnest Attorneys at Law, responded to FFRF’s concerns, reporting that action had been taken. “Upon receipt of your letter, the district’s deputy superintendent investigated the allegation and directed the employee to remove the Proverbs quote from the signature block of his email,” Bump wrote.
Florida
FFRF worked with the Collier County Public Schools in Florida after a teacher mistakenly showed students a video about pollination that took a proselytizing turn.
A concerned parent reported that on Sept. 12 their child’s fourth-grade teacher at Osceola Elementary School showed students a YouTube video that included religious messages and proselytizing. The video, which was ostensibly focused on explaining the flower pollination process, directly mentioned God and Jesus. The video presenter quotes Luke 12, after saying that, “we have an awesome god, a god that loves us so much he even loves, he even cares about teeny tiny bees.”
“The district has an obligation under the law to ensure its teachers are not violating the rights of its students by proselytizing or using their position to push their personal religious beliefs,” Staff Attorney Sammi Lawrence wrote to the district.
District General Counsel Jon Fishbane reached out to FFRF after the district had investigated the matter. He reported that the district accepted responsibility, as the video had not been fully vetted by staff before presentation from beginning to end. “The religious component that you referenced was not intentionally used by the teacher to advance her religious beliefs or try to proselytize students,” Fishbane wrote. “In fact, the instructor stopped the video when she saw the religious content being presented. Indeed, she and her curricular leaders were distressed and embarrassed by not having carefully reviewed the entire segment.”
Georgia
Calhoun (Ga.) City Schools had to take lessons from FFRF after a teacher placed religious fliers in students’ folders.
A student’s parent reported that during the second week of September, Calhoun Elementary School distributed fliers for a religious organization to all students. The fliers promoted attendance at the Heritage Baptist Church of Calhoun’s “Ignite 3:16” club. The complainant had to speak with their children about how inappropriate the flier was, and how other religion’s pamphlets shouldn’t be handed out at school.
“School-sponsored distributions of religious material carry the stamp of official school approval,” FFRF Staff Attorney Sammi Lawrence wrote to the district.
Hieu M. Nguyen of the Pereira, Kirby, Kingsinger, & Nguyen law firm represented the district when replying to FFRF. Nguyen clarified that only one class of students received these fliers, and that the district normally only sends home materials related to school events or school-sponsored events. “The teacher in this case inadvertently sent this flier home with students in her class. School administrators have already spoken with the teacher about her mistake,” Nguyen wrote.
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The Jordan Vocational High School College and Career Academy (Jordan High School) has taken action to no longer promote or hold a religious event during school hours, thanks to FFRF.
A concerned district parent reported that the school was promoting, organizing and hosting a religious-based “See You At the Pole” (SYATP) event on Sept. 25. A post on the high school’s official Facebook page stated that the religious event was to take place during first block, which is reportedly instructional time, and the event would include a guest speaker. The post featured pictures of students bowing their heads in prayer.
SYATP is a “global day of student prayer.” SYATP is meant to be student-led and organized, and students are encouraged to meet at their school’s flagpole and pray before school. SYATP is an explicitly Christian event and organization. In contrast, Jordan’s SYATP event appeared to be adult-led and organized, and was taking place during school instructional time rather than before school.
“Public schools have a constitutional obligation to remain neutral toward religion,” FFRF Staff Attorney Sammi Lawrence wrote.
The district’s attorney, Gregory S. Ellington, wrote back after FFRF’s complaint, confirming that the district would not only not be hosting the event during instructional periods, but no longer promoting it as well. “The school district’s superintendent has directed the school principal to notify people via the same Facebook page that the event will not take place during first block tomorrow. Future communication about the event, if any, will come from students (not the school) and the event, should it occur, will not be during school hours.”
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The Dalton (Ga.) Public Schools recently took instructions from FFRF on how to remain neutral toward religion after a teacher promoted a Christian athletic club to district parents.
A concerned DPS parent reported that on Sept. 3, they received a text message from a teacher at Hammond Creek Middle School promoting the Fellowship of Christian Athletes club. The text stated that the FCA meeting would be before school, and that snacks, games and devotional would take place.
“We ask that DPS investigate this matter and ensure that its schools and employees comply with the Constitution’s First Amendment and the [Equal Access Act],” FFRF Staff Attorney Sammi Lawrence wrote to the district’s legal representative Cory O. Kirby.
Kirby responded after receiving FFRF’s letter. “The superintendent intends to meet with all administrators, including middle school administrators, no later than Oct. 1, 2024, to discuss issues related to the First Amendment, including Establishment and Free Exercise Clause,” he wrote. “The district is confident that all of its schools make good faith efforts to fully comply with the requirements of the Constitution and protect the rights of all parties.”
Illinois
FFRF spent over a year fighting to protect the First Amendment rights of students in Illinois’ Anna-Jonesboro CHSD 81.
In May 2023, FFRF learned from a district parent that the Anna-Jonesboro Community High School graduation ceremony included student-led prayers. Students delivered a pre-planned opening invocation and closing benediction at the graduation ceremony. Additionally, a Christian flag was apparently displayed on the stage that graduates walked across when receiving their diploma.
FFRF’s complainant stated that their children felt they had to hide the fact that they are atheists when participating in school-sponsored activities, such as the graduation. One of their children, in particular, feared they would be retaliated against when participating in school athletics programs if they are “outed” as an atheist in a public school district that has a custom and practice of openly promoting and favoring Christianity.
“It makes no difference how many students want prayer or wouldn’t be offended by prayer at their graduation ceremony; the courts have continually reaffirmed that the rights of minorities are nonetheless protected by the Constitution,” FFRF Staff Attorney Sammi Lawrence wrote to the district.
FFRF wrote to the district several times over the course of 2023 and 2024 before finally receiving a response in September, wherein a representative of the district confirmed that the 2024 graduation program, “did not include an invocation or benediction. The only flag that was on the stage at the graduation ceremony was the American flag.”
Missouri
FFRF ensured that the constitutional rights of students will be respected — this time in Missouri’s Steelville School District.
A community member informed FFRF that a sixth-grade teacher promoted to students a personal bible study taking place every morning before school. The teacher appeared to be orchestrating and teaching the meetings. Additionally, the teacher read as part of the curriculum a book about witches, during which she denigrated witches and witchcraft (since it conflicted with her personal religious beliefs) and told students that Christianity does not look kindly upon witches.
“Public officials may not promote or advertise religious ceremonies when acting in the course of their official duties,” FFRF Legal Fellow Hirsh M. Joshi wrote to the district.
After FFRF’s action, the district decided to correct the violations at hand.
The school’s legal counsel, Emily Omohundro, wrote back, informing FFRF hat while an investigation did take place, it involved confidential student and personnel information that could not be shared. “The district has taken steps to remind district staff of the district’s policies, including the requirement that staff avoid the promotion of religious views at school,” Omohundro wrote.
North Carolina
The N.C.-based Davie County Schools system removed a post promoting an inherently religious event after being contacted by FFRF.
A district community member reported that Cornatzer Elementary School was organizing and promoting on the district’s official Facebook page the religious prayer event, “See You at the Pole,” in which students gather around the flagpole to pray.
“To avoid further Establishment Clause concerns, the district must cease all efforts to promote this event, remove any social media posts promoting the event, and ensure that its schools refrain from promoting religion and religious activities on its official social media pages in the future,” FFRF Staff Attorney Chris Line wrote to district Superintendent Jeff Wallace.
In early October, Wallace got in contact with Line to inform him that the district had worked to correct their violation. In their conversation, he stated that the post had been removed, and that staff had been directed to refrain from making similar posts in the future.
Pennsylvania
After months of FFRF’s hard work, the Pennsbury School District in Fallsington, Pa., will no longer be primarily promoting student participation for a Christian organization.
In January, FFRF contacted the district after a community member complained of the school’s advertising of the Salvation Army and “Ringing the Bell” campaign during winter holidays. Students from all grades in the district were reportedly exposed to advertisements, reminders and solicitations to ring bells to fundraise for the Salvation Army. The Salvation Army, however, is not a secular organization. By its own admission, its “mission is to preach the gospel of Jesus Christ.” The Salvation Army has also been in controversy over its past anti-LGBTQ-plus stance — which contradicts the district’s diversity policy.
“It is a fundamental principle of Establishment Clause jurisprudence that a public school may not advance, prefer, or promote religion,” FFRF Staff Attorney Madeline Ziegler wrote to the district.
After not receiving a response, FFRF sent two follow-up letters to the district before finally hearing back in September. Erin K. Aronson with Eastburn and Gray law firm, wrote that, “the district has no intention of knowingly violating the Establishment Clause of the U.S. Constitution, or any other applicable authority.” Aronson also promised that the district will treat secular and non-secular organizations equitably.
Tennessee
FFRF worked with the Lebanon (Tenn.) Special School District to ensure that bus drivers would not be allowed to play religious music while driving students to and from school.
A student’s parent reported that a bus driver in the district played a Christian radio station every day while driving students. Furthermore, the complainant stated that the Christian radio station directly countered what students were being taught about religion and morality at home.
“If the driver of bus wants to play music while driving students, there are a multitude of secular options to choose from,” FFRF Staff Attorney Sammi Lawrence wrote to the district. “A public school and its bus drivers should be eager to set an example of acceptance and inclusion, especially for those students like our complainant’s children who do not belong to the majority religion.”
FFRF heard back from the school’s Director of Operations Mike Kurtz, who acknowledged receiving FFRF’s initial complaint. “At your request, this matter was addressed with all of those who drive and provide transportation to our students,” Kurtz wrote. Additionally, he extended the opportunity for FFRF to contact him directly if FFRF received additional information or complaints.
Texas
FFRF successfully fought for the First Amendment rights of cheerleaders in the Amarillo Independent School District in Texas.
A concerned parent informed FFRF that the Tascosa High School cheerleading coach was posting bible quotes in messages to cheerleaders. FFRF learned that the coach was encouraging prayer circles with the cheerleaders, as well.
“It is unlawful for public school athletic coaches to lead their teams in biblical instruction, lessons or prayer,” FFRF Patrick O’Reiley Legal Fellow Hirsh M. Joshi wrote to the district.
Religious coercion occurring within school districts is particularly troubling for parents and students who are not Christian or the nonreligious, who comprise nearly half of Generation Z (those born after 1996).
A legal representative for the district confirmed that corrective action had been taken.
“District and campus administration reviewed your letter and relevant case law decisions with the staff member,” Andrea Slater Gulley of Walsh Gallegos writes in a recent letter to FFRF. “The district is confident the staff member now has a better understanding of applicable law, and has discontinued the use of bible verses in communications with students.”
Wisconsin
The Germantown (Wis.) Police Department removed religious scripture from a social media post promoting a job listing after FFRF and the American Civil Liberties Union of Wisconsin sent a joint letter to the police chief warning that signaling religious preference in hiring for a government job is unconstitutional.
After a resident of Germantown brought the organization’s attention to the social media post on Sept. 13, FFRF and the ACLU sent the letter on Sept. 26.
“The separation of church and state is a bedrock principle of our Constitution and identity as a nation,” says FFRF Patrick O’Reiley Legal Fellow Hirsh M. Joshi. “Favoring religious viewpoints sends an improper and exclusionary message in the hiring process and alienates individuals who do not share those religious beliefs.”
The department has since removed the biblical text.
