A three judge panel may have put a dagger through the heart of a West Virginia public school district’s eighty year old Bible study program. In reversing the lower court’s ruling, the Fourth Circuit panel ruled that a public school district’s Bible In The School (BITS) program violated separation of Church and State laws, and issued an injunction, effective immediately.

The suit was filed by an agnostic parent and her daughter, and joined by public interest group, Freedom From Religion Foundation. Elizabeth Deal, the agnostic parent, refused to give permission for her daughter, Jessica, to attend the BITS program as a first grader at Memorial Primary School, in Mercer County West Virginia.

Issue Isn’t Moot Just Because School Voluntarily Suspended BITS Program

A federal judge then ruled that Deal’s lawsuit was moot because the suspension was in place and Jessica was at a different school. But Deal and her attorneys disagreed. At any time, the district could remove the voluntary suspension, and resume the BITS program. Also, it just didn’t seem fair that Jessica had to attend a different school district when she felt she had constitutional rights to protect. And the Fourth Circuit agreed with plaintiffs. “Indeed, the county has characterized the (BITS) suspension as part of a regular review process, a dubious suggestion in view of the program’s uninterrupted, decades-long history,” the ruling states.

If you feel that your constitutionally protected right to freedom of religion, or freedom from religion, is being violated, contact a local civil rights attorney. The practice of religion in a public school is a very delicate topic, with both sides having degrees of freedom to exert. A lawyer can help you understand your rights, and what you can do to protect them.

Related Resources:

  • Find a Civil Rights Attorney Near You (FindLaw’s Lawyer Directory)
  • Former Student Claims School Punished Her for Atheistic Views (FindLaw Law and Daily Life)
  • School Sued Over Yoga Classes (FindLaw Injured)

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