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Religion & Law

: Religion Clause

Standing, Limited Preliminary Injunction Granted In Challenge To Santa Rosa County Consent Decree

By Howard M. Friedman

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The long-running litigation over religious practices in the Santa Rosa County, Florida schools continues. In 2009, the Santa Rosa County School Board entered into a consent decree, admitting widespread Establishment Clause violations. (See prior posting.) Then a group of teachers, staff, former students, community members and clergy filed suit challenging the consent decree, claiming that it violates and chills their First Amendment rights. (See prior posting.) In Allen v. School Board for Santa Rosa County, Florida, (ND FL, March 21, 2011), a Florida federal district court held that some of the plaintiffs have standing to challenge the consent decree, while certain others do not. Finding that the need to explore factual issues precludes ruling on the merits based merely on allegations in the pleadings, the court indicated that a hearing would be scheduled for mid-summer. In the meantime, the court issued a preliminary injunction barring the school from enforcing that part of the consent decree that restricts school district employees from participating in private religious or baccalaureate services. Liberty Counsel issued a press release announcing the decision. [Thanks to Alliance Alert for the lead.]

Full post as published by Religion Clause on March 22, 2011 (boomark / email).