Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Religion & Law
: Religion Clause8th Circuit Upholds School's Literature Distribution Policy
By Howard M. Friedman
Under a prior school policy, members of the Gideons were permitted to distribute Bibles in 5th grade classrooms during school hours. In a challenge to the policy, the district court entered a permanent injunction prohibiting any distribution of Bibles to elementary school children on school property during the school day. (See prior posting.) The Court of Appeals upheld the continuation of that injunction. The court then moved to consider whether to uphold the district court's declaratory judgment relating to the new policy. Chief Judge Loken, writing the primary opinion, said:
the Judgment neither enjoined the District from implementing the new policy nor declared that policy unconstitutional. Rather, it cross referenced an amended complaint seeking a declaration ?that Defendants? actions in instituting? the new policy violated the Establishment Clause. The precise import of the declaratory judgment is hopelessly obscure. Given its impact on the operations of a state governmental entity, this ambiguity alone requires reversal.He then went on to also reject a facial Establishment Clause challenge to the new policy, finding that any major objection to it was obviated by the injunction that, as he read it, precluded the distribution of Bibles even under the new policy. Judge Beam concurring said he believes that the injunction only prohibits the earlier practice of distributing Bibles in classrooms. Judge Kyle concurred, saying that while he believes that the new literature distribution policy was passed for the purpose of promoting Christianity, he could concur because, in his view, "the portion of the court?s opinion discussing the new policy under Lemon is dicta...." Liberty Counsel yesterday issued a press release on the decision, as did Americans United.
Full post as published by Religion Clause on July 17, 2009 (boomark / email).
Specialty Lamp International
Recalls Counterfeit Circuit Breakers
Personal Injury
Appeals Court Upholds Congressional Legislation
PETCO
Animal Food Distribution Unsanitary, Food Seized
School Racism
School District pays $250,000 in racial harassment settlement.
Student Harassment
Wichita School District pays $45,000 settlement for high school students' harassment lawsuit.
School House Abuse
Selwyn House School agrees to $5 million teacher molestation settlement.

ADF finds more problems at AZ school district - literature distribution policies
"Appeals panel upholds dismissal of school's suit"
9th Circuit Considers Christian Student Group's Challenge to Law School's No-Bias Policy (Law.com)
11th Circuit upholds conviction for possession and distribution of child porn
Court order puts unconstitutional St. Louis literature distribution policy on hold








