ACLU caught representing no one, but continues pursuing case
U.S. Constitution, page 1
ACLU attorneys in Florida have been naughty. They’ve been endlessly pursuing the defendants in a Santa Rosa School District freedom of speech case without having any plaintiffs to represent.
This is a fact the courts should have been made aware of – because it would make the ACLU’s position moot and could have changed the outcome of the case.
But I’m still waiting for the ACLU to have their hand slapped.
The Santa Rosa School District had entered into a “Consent Decree” that demanded an end to the freedom of speech for Christian students and teachers. This resulted after the ACLU had approached the School District on behalf of two atheist students who alleged that Christian teachers were forcefully witnessing during class time and within class lessons. “Evidence” of this was subjective and sorely lacking.
The atheists further demanded that the Christian school personnel should not even be able to pray at off-campus, privately sponsored events. More information about the initial case can be seen in previous Underground articles here and here .
School personnel were forced to sign the Consent Decree to cease and desist any Christian free speech on school grounds, and the case could have ended there.
But soon, two school administrators found themselves facing a lawsuit for praying at an off-campus privately sponsored event. They were criminally charged for being “in violation” of the decree.
A school district employee who asked her husband to pray at an event, because she wasn’t allowed, was still included in the suit because – after all – he was her husband.
All were eventually cleared of those initial charges.
However, as time went by, it turned out the unlawful ordinance was still being enforced – because it’s so worded that the ACLU and the School District are constantly trying to find charges against Christian teachers, other school personnel, students, volunteers and even outside associates for not following demands like these:
- The school board could dictate to local pastors how to seat their audiences for private religious services held at their houses of worship, if the events involve school faculty or students.
- Students could no longer say “God Bless” in any situation – they were told to say “Good Luck.”
- School personnel could not be seen praying, even to themselves – anywhere in public.
- Teachers could not answer parents’ e-mails if anything about God was in the parents’ text; nor could parents and teachers conduct God-led conversations.
- School volunteers could not answer any questions regarding religion.
- Christian groups weren’t allowed to rent school facilities for private religious functions if it involves benefiting the students in any way.
A snag in the case for the ACLU:
By this point in time, the ACLU had no clients! The atheist students had graduated, and therefore no longer had legal standing as plaintiffs the last time the case was in court. Without clients, by law, the ACLU should have been barred from continuing litigation. But the ACLU never informed court officials.
Thankfully, Liberty Counsel (legal firm for the defendants) found out about this and brought it to the attention of the District Court. In March, 2010 the Court began demanding an explanation from the ACLU about why they continued to pursue the enforcement of the Decree.
Furthermore, the defendants now have a case against the Santa Rosa School District for the illegalities in the Consent Decree and violations against the students’ and teachers’ First Amendment rights to freedom of religious expression.
Mathew Staver of Liberty Counsel states on the law firm’s latest press release that the constitutional violations in the ACLU’s court order have been outrageous; that it directly conflicts with previous United States Supreme Court opinions, and that schools are not religious-free zones.
An injunction against the further persistence and enforcement of the Consent Decree has now been requested.
As these types of things happen more and more around the country, we as Christians can stand firm and pray. While peacefully exerting the avenues we have to petition the government with our grievances (another First Amendment right), we can know that God is with us.
“When you are brought before synagogues, rulers and authorities, do not worry about how you will defend yourselves or what you will say, for the Holy Spirit will teach you at that time what you should say” (Luke 12:11-12, NIV).
