Teachers May Participate in After School Christian Club on Campus

July 3, 2003

Mathew D. Staver

FEDERAL COURT RULES SCHOOL DISTRICT MAY NOT BAR TEACHER FROM PARTICIPATING IN AN AFTER-SCHOOL CHRISTIAN CLUB ON CAMPUS

SIOUX FALLS, SD - Today, a Sioux Falls federal court ruled in favor of a teacher who filed a lawsuit against the Sioux Falls School District after District officials prohibited her from participating in an after-school Christian club which meets on campus. The teacher, Barbara Wigg, is represented by Mathew D. Staver, President and General Counsel of Liberty Counsel, a civil liberties public interest law firm in Orlando, Florida, along with attorneys Joel Oster and Rena Lindevaldsen, also of Liberty Counsel.

The District policy allows secular groups to use school facilities for after-school secular meetings. Mrs. Wigg herself has participated in many after-school secular meetings, including the Girls Scouts. Mrs. Wigg has been an outstanding teacher within the District for many years and loves to teach children. As a Christian, she wanted to participate in an after school Good News Club sponsored by Child Evangelism. These meetings are designed for elementary students who attend with the permission of their parents. Good News Clubs teach morals and character development from a Christian perspective to elementary-age children. The District, however, barred Mrs. Wigg from participating in any religious club on any District facility. The District took the position that if some misinformed student or parent saw Mrs. Wigg teaching religion to children on campus after school they might assume that the District was endorsing religion.

Liberty Counsel took the position that after school Mrs. Wigg is on her own time and she no longer is an extension of the District. As such, she has the constitutional right to use District facilities and to participate in a religious meeting. A misinformed or ignorant person who might assume Mrs. Wigg still represents the school even on her own time because she uses the facilities is not enough to trump her constitutional rights. Today, the federal court agreed and struck the District's policy down. The Court ruled that the case presented a balance between the Establishment Clause and the Free Speech Clause, and that the Free Speech rights of Mrs. Wigg trumped any Establishment Clause concerns. The Court did say that the District may restrict teachers from teaching religion immediately after school in the same school in which they teach during the day, but the District may not extend this restriction district-wide. Mrs. Wigg wanted to teach in the Good News Club which meets 15 minutes after school in several of the District elementary schools. Under the Court's ruling she will now be allowed to participate in these after school Christian clubs.

According to Staver, "The District Policy of prohibiting a teacher from living out his or her faith during her private time, after school is out of session, is astounding and unprecedented." Staver remarked, "We warned the District that its policy excluding school employees from participating in after school Christian clubs was unconstitutional. The Court has now vindicated our arguments. A number of after school secular clubs meet on the elementary school campuses. Teachers and employees have the right to participate in these clubs just like any one from the community. To single out the Good News Club because it teaches religion and to bar teachers from participating in such clubs is clearly unconstitutional. Staver noted that Barbara Wigg was thrilled over this decision. The trial was set to begin on Tuesday, July 8. Now Barbra can celebrate with joy the founding of our country and the blessings of freedom.

Mathew D. Staver, Esq.
Liberty Counsel
http://www.lc.org.

An Ally of the Alliance Defense Fund