Posted on 08/09/2005 6:54:26 AM PDT by ZGuy
A judge has tossed out a lawsuit filed by the American Civil Liberties Union challenging prayers at school board meetings in Delaware. The lawsuit was filed against members of the Indian River School District Board of Education, a group that regularly opens its business meetings with prayer.
Judge Joseph Farnan ruled that the school board meeting prayers are not a violation of the constitutional provision often referred to as the separation of church and state or the "Establishment Clause," as the ACLU had argued. He also determined that the school board members are immune from the ACLU's liability claims.
In dismissing the case against the individual board members, the judge stated that opening a session of the legislature or other deliberative public body with a prayer does not violate the Establishment Clause. He also declared that absolute immunity extends to legislators at all levels of government, including school board members in Delaware.
The Rutherford Institute, an international, non-profit civil liberties organization that works to defend constitutional human rights, became involved in the Indian River school board's case after the Wilmington branch of the ACLU demanded that the district discontinue offering prayers at school events and graduation ceremonies, as well as at school board meetings. Despite ACLU pressure, the board members continued to open their meetings with a brief prayer.
The school board also adopted a policy stating that it would continue to "solemnify" its proceedings by opening with voluntary sectarian or non-sectarian prayer or a moment of silence "in accord with the freedom of conscience of the individual adult board member." The policy requires that these prayers or moments of silence would be voluntary and no school employee, student, or member of the community in attendance at a meeting would be required to participate.
Nisha Mohammed is a spokeswoman for the Rutherford Institute, which represented Indian River School District board member Reginald Helms in the case. She says Judge Farnan's ruling is a major free-speech victory for Helms and his fellow board members, since the judge "basically cited the Supreme Court ruling in Marsh v. Chambers that said that legislative prayers are constitutional and ... legislative protections apply to school board members."
Mohammed believes Farnan's echoing of Supreme Court precedent in his ruling may have a bolstering effect that could influence similar cases around the U.S. "Prayers at school board meetings are being challenged across the country," the attorney says, "and I think this simply reinforces the argument to say that school board members have First Amendment protections. Just because they are on that school board does not mean they are not allowed to open a meeting with prayer."
Rutherford Institute attorneys will now seek to have a district court declare as legal the Indian River School Board's specific written policy allowing school board members to open their meetings with sectarian or nonsectarian prayer or a solemnizing observance of silence. Meanwhile, although the ACLU's case against the school board has been dismissed, its lawsuit against the Indian River School District over prayers at graduation ceremonies and school events will continue.
Sweet.
Another win for free speech in America
The ACLU financial records need a good going over to see who is contributing to them. I'd bet the vast majority of their revenue comes from the Middle East or those with such interests. Funding the ACLU is merely another form of 9/11. Breaking down the country from the inside.
What I want to know is, when can we drag the ACLU into court and sue their asses for attempting to violate our Constitutional Rights.
All of this crap talk about Civil Rights, is just that, Crap. There are NO Civil Rights spoken of in the Constitution. They are Constitutionally PROTECTED Rights.
These people need to go away
I imagine it comes from trial lawyers and typical Democrats.
ACLU slapped down ping!
I am still waiting for the ACLU to explain how public prayer at government events violates the above excerpt from the 1st Amendment. I'm thinking that holding my breath would be a bad idea.
Despite ACLU pressure, the board members continued to open their meetings with a brief prayer.
Good. We need many more people to stand up and defy the ACLU and the black-robed tyrants in the judiciary that support them.
Good the the school board! F the ACLU.
"Mr. Marshall has made his ruling. Now let him enforce it." - Andrew Jackson
judge has tossed out a lawsuit filed by the American Civil Liberties Union
YIPPEEEEEEE!!!!!!!
Alliance Defense Fund (ADF) - http://www.alliancedefensefund.org
Thomas More Law Center (TMLC) - http://www.thomasmore.org
American Center for Law and Justice (ACLJ) - http://www.aclj.org
The Rutherford Institute - http://www.rutherford.org/
Stop the ACLU Coalition (GREATLY ORGANIZED ACTIVIST SITE..PLEASE JOIN) - http://www.stoptheaclu.org
Here are a few examples of how two of those organizations are fighting back:
ADF Contacts Over 3,600 School Districts Over Attempts To Censor Christmas
ADF: 700 lawyers ready to fight ACLU lawsuits
ADF: Pentagons' Warning About Boyscouts Is Absurd
Thomas More Law Center: Town of Palm Beach Pays $50,000 In Attorney Fees Apologizes To Women In Nativity Lawsuit
Additional information:
The ACLU must be destroyed: Joseph Farah supports Boy Scouts, urges Americans to fight back
Citizens mobilized to stop ACLU (seeks to consign group to 'ash heap of history')
ACLU fulfilling communist agenda
Revealing FACTS on the ACLU from its own writings
See how YOUR Senator or Representative ranks with the ACLU
This yahoo group just started on December 3, 2004 and is looking for new members
The Center For Reclaiming America (petitions to congress)
American Family Assn. Center for Law and Policy
"I seek social ownership of property, the abolition of the propertied class, and sole control of those who produced the wealth: communism is the goal." - Roger Baldwin, ACLU founder, Harvard Reunion Book, 1935
"The establishment of an American Soviet government will involve the confiscation of large landed estates in town and country, and also, the whole body to forests, mineral deposits, lakes, rivers and so on." - William Z. Foster, ACLU co-founder and former chairman, Communist Party USA.
Let me know if you would like to join my ACLU ping list
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