School/religion ruling challenged

PENSACOLA - Religion's place in Santa Rosa County schools is back under the microscope as one organization argues a recent court ruling that prohibits religious promotion in schools violates the constitutional rights of teachers and students. 

The Liberty Council filed the motion to intervene Wednesday in U.S. District Court in Pensacola and hopes to get the ruling on the old case set aside.

"Our goal is to bring some sanity to the Santa Rosa County case because this consent order is so broad it eliminates private speech and private religious expression, which is unconstitutional," said Mathew Staver, founder of the Liberty Council.

The original case began in August 2008 when the American Civil Liberties Union sued the school district on behalf of two Pace High School students and their parents, who said religion was forced upon them at school.

A federal judge ruled in May that the district had violated policies, practices and customs of the Establishment Clause of the First Amendment and the "no aid" provision of the Florida Constitution.

Staver said the ruling strips faculty and students of rights guaranteed under the First Amendment. The organization decided to file the motion on behalf of Christian Educators Association International after they were approached by several people who said the ruling went too far.

"The First Amendment requires you to use a scalpel, not a chainsaw, and in this case the ACLU has used a chainsaw," he said. "If this order is not modified, the school district will be sued by some of these students and school employees for violating their constitutional rights."

The ACLU, which has two weeks to file a response to the motion, said the ruling doesn't infringe on anyone's rights.

"Of course we think that school officials retain certain First Amendment rights ... but these rights are limited when teachers are working on behalf of the school," said ACLU staff attorney Benjamin Stevenson. "(This ruling) prevents school officials from abusing their position as government employees to further their own religious ends."

Stevenson said the ruling does not prohibit students from participating in school clubs such as the Christian World Order or Fellowship of Christian Athletes; it just ensures religion is not illegally endorsed or forced upon students.

Superintendent of Schools Tim Wyrosdick said in May that the school district was reviewing its policies prior to the original lawsuit. He couldn't be reached for comment Thursday.