Date: Tue Oct 21 07:37:47 1997
To: Frank Grose
From: Rob Weinberg
Subject: The ACLU
Check this out:
School religion curbed—U.S. judge's 'road map' ruling targets '93 Alabama law
By Stan Bailey, David White and Frank Sikora
News staff writersMONTGOMERY—A federal judge issued a far-reaching injunction Thursday against school-sponsored religious activities in Alabama public schools that had been carried out under a 1993 state law that he had ruled unconstitutional in March.
One school official called the ruling by U.S. District Judge Ira DeMent a "road map" for Alabama public schools to follow.
DeMent issued the injunction against the governor, the attorney general and the state Board of Education and imposed highly detailed directives on DeKalb County school officials. They had cited the 1993 law as authority for a variety of religious activities in DeKalb schools.
DeMent's ruling came in a suit by Michael Chandler, a DeKalb County teacher and assistant principal at Valley Head High School, who sought to ban religious activities in DeKalb Schools ranging from organized prayers in classrooms and at sporting events to distribution of Gideon Bibles to students.
Chandler, 47, said he is pleased with DeMent's ruling: "I hope we can get it behind us and get on with teaching the kids like we're supposed to," he said.....
The Birmingham News, Friday October 31, 1997
Judge lists do's, don'ts on religion in schools.
DeMent says state officials must obey his rules.
By Kendall Weaver
Associated Press WriterMONTGOMERY—A federal judge Thursday gave Alabama public schools a list of do's and don'ts on prayer and other religious activity, threatening contempt proceedings if state officials disobey.
"I hope he's got their attention now," said Michael Chandler, an assistant principal in DeKalb County, who sued after citing years of coercive religious activity in school events.
The order of U.S. District Judge Ira DeMent was hailed by a school-board lawyer as a clear guideline for teachers and administrators in dealing with the issue in this Bible Belt state, where courts have rejected several school-prayer laws.
Gov. Fob James withheld comment until he has read DeMent's 40-page order. James is a school-prayer advocate who contends that the states hold legal authority concerning religious activity public places.
The judge, while spelling out the way religious freedoms can be exercised in schools, cracked down on DeKalb County educators. He ordered training sessions for faculty and administrators in that county and the appointment of a monitor to watch for violations. He also ruled that Gideon Bibles can't be passed out at the school-bus stops or thrown into school bus windows.
Chandler said that, despite DeMent's ruling last spring that struck down Alabama's 1993 school-prayer law, there were prayers at some spring commencements and over loud speakers at some football games this fall.
He said he has seen a "real belligerent attitude" over the years against federal-court orders blocking public prayers in schools. "I thought it was a real bad example for the students," Chandler said....
Federal judge's guidelines
Here are some of the key new guidelines on religious activities in Alabama public schools:
Banned
Vocal prayer, Bible devotionals, scripture readings, or distribution of religious materials in schools or on school grounds, or at commencements or school events.
School-printed baccalaureate announcements or commemorations, or school efforts to encourage attendance at such services.
Religious messages or scripture readings delivered over public address systems in schools and at sporting events.
Permitted
Educational use of religious texts in an academic context, such as part of a course of study; voluntary student expressions of religious beliefs in the form of homework, art or other appropriate assignments; student display of religious symbols, so long as students also are allowed to display non-religious symbols "with all applicable time, place and manner restrictions."
Brief expressions by students at commencement thanking God for their academic success, so long as this has not been encouraged by the school and does not invite audience response.
Student announcements over the public address system of "meetings of noncurricular religious clubs."
The Mobile Register, Friday October 31, 1997
Date: Sat Nov 01 10:09:43 1997
To: Frank Grose
From: Rob Weinberg
Subject: Re: Courier Editor
You've probably read about Judge DeMent's order in the DeKalb County schools case involving student led prayer. Can't tell you anymore about it right now, but the boss asked me to look at it. He has some concerns about its overbreadth, and I'm not sure I don't as well. We'll be looking at it closely in the next few days. Although I personally agree with the result, as we've discussed generally in the past, legally I'm not sure that the order is sufficiently "narrowly tailored" to the ends sought to avoid other problems and be entirely legally defensible. Keep that under your hat, but if anyone asks, you can say we're looking at it closely.
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