Doe v. Cheatham County Board of Education Lawsuit Details

The substance of the factual allegations are generally contained in paragraph 22:

Throughout the School District, school officials have persistently and pervasively used their official positions to promote their religious beliefs.  Specifically, for at least the past five years, school officials have cultivated well-established policies, practices, and customs authorizing, sponsoring, or supporting (1) prayer at school events, led by invited clergy, school officials, parents or students; (2) school officials’ promotion of their personal religious views and proselytizing of students in class and during extracurricular activities; and (3) the distribution of Christian Bibles to students during instructional time in the classroom.

More concrete factual examples are scattered throughout the complaint.  For example, in paragraph 30:

For example, Defendant Ray [Tim Ray, Principal of Sycamore High School] has required students to produce a copy of a speech or prayer that the student intended to deliver at a school function so that Ray or his designee (in past years this designee was school guidance counselor Joy Daniel) could review it and and approve the speech or require edits prior to that event.

If true, this is pretty clear proof of the required state action — the problem here isn’t prayer in schools, it’s school supported (i.e. government supported) prayer.  By approving/editing the speeches beforehand, the administrators have stuck their hands into the mix and become involved in the prayer (not that turning a blind eye to what students will say at public events is a solution that would provide a shield to liability).

There are other, vaguer references as well (anytime you see the term “on information and belief,” it’s a heads-up that the attorneys are operating on rumors and/or anecdotes (things “everyone knows about”) or don’t want to put in the sources of the information into the complaint).  For example:

On information and belief, Sycamore High faculty invite students or outside leaders to lead prayers before or during various school events (e.g., football games) and other school activities (e.g., band, choir, and other clubs). (¶ 32)

The complaint also contains numerous allegations about the band leader at Sycamore High School, Jordan Tupper:

On information and belief, at every home football game in 2008 and 2009, the band instructor, Mr. Tupper, prior to the halftime performance, when the band would huddle, would announce “go ahead” or “now Reverend R [the nickname of a particular student] will lead a prayer.”  Mr. Tupper would then typically advise that if a student did not wish to participate, they could feel free to walk away from the prayer.  Mr. Tupper’s practice is generally to step away from the huddle (roughly seven feet) until the prayer is concluded.  On October 23, 2009, Mr. Tupper again directed SR to lead a prayer.  SR asked the students to take their “shakos” (band hats) off for the prayer.  When students complained because they were being forced to remove their hats, Mr. Tupper intervened and instructed the students that they did not need to remove their hats if it would interfere with their hair styles.  Immediately thereafter SR led them all in prayer. (¶¶ 35-36, 38)

If these accounts are true, then Mr. Tupper has crossed the line — employees of the government (including public school teachers) cannot lead or endorse the practice of religion like this.  Saying “feel free to step away” doesn’t do diddly squat, except possibly single out a person that already feels uncomfortable with what’s going on.  That’s the problem with CYA maneuvers like that — sometimes they just make things worse.  According to these allegations, Mr. Tupper was very much involved in the prayer, even though a student ostensibly was the one leading it.  Sorry folks, it doesn’t become OK this way.

This one’s particularly nice:

On or about December 2007, the Sycamore High School choir performed a concert where the students sang Christmas and other seasonal songs.  During the program, prior to the performance of the more religious songs, Maggie Mason announced to the crowd of faculty, parents, students and families something similar to “we all know the reason we are here tonight, even if we are not allowed to say it.” (¶ 40)

Smooth.

The second other major allegation concerns the Gideons handing out Bibles at school.  The allegations are summed up neatly in paragraph 43:

Beginning at least as early as 2001, there has been a pattern and practice of the endorsement of religion by the Cheatham County Public Schools in that, year after year, the District has allowed members of the Gideons International into the classrooms to proselytize and distribute Bibles to public school students.

This one’s pretty easy: not OK.

The complaint further details certain teachers clearly endorsing their own religious beliefs in their classrooms:

Teacher Joseph Jones has a cross on prominent display next to his white board. (¶ 47)

Teacher Jennifer Binkley (not the same Binkley that just received a 12-year prison sentence) gave an assignment, allegedly unconnected to the curriculum, to write a journal entry detailing everything the student knew about the creation story. (¶ 48)

A student was told during the 2005-2006 school year that “an acceptable alternative theory to evolution is ‘intelligent design.’” (¶ 49)

My favorite:

On or about the week of September 28 – October 2, 2009, Mr. Doug Worsley, who teaches Advanced Placement U.S. History at Sycamore High School, distributed a handout during morning announcements for the students to read.  At the conclusion of the announcements, he read the handout in a very agitated and angry tone.  The handout decries the American Civil Liberties Union and any notion that Separation of Church and State exists in this country.  The handout lists, and Mr. Worsley emphasized 15 facts which support the theory that the U.S. was founded as a “Christian nation,” and that the intent of the Founders of the Constitution was to keep the U.S. a Christian nation.  On information and belief, this discussion, assignment, and lecture was not related to the general curriculum of the class nor was it relevant to the lessons that were taught in class that week. (¶ 50)

Alright — let’s make something clear.  It is not taboo to teach parts of the Bible or Christian tradition in public schools (or any other religion) as long as its connected to the curriculum and the teacher does not endorse the underlying teachings of the religious materials. Here’s an example: in my high school, we had an assignment to read the Gospel of Luke in conjunction with our reading of One Flew Over the Cuckoo’s Nest.  The purpose of the assignment was to understand the religious imagery and allusions in Kesey’s novel, particularly the scene where McMurphy takes the inmates out on the boat (paralleling the scene in which Jesus accompanies his disciples on the boat during the storm).  That’s OK.  The above, if true, is not.

The complaint concludes with a description of some suspect activities from the 2009 graduation ceremonies and activities (mostly public prayer related), as well as some facts relating to the ACLU’s attempt to get records, negotiate with the schools, etc and the failure of the School Board to act in the face of such information and allegations.  The complaint ends with the formal counts:

1. Establishment clause violations (the alleged conduct has the “primary purpose and effect of promoting and advancing religion”)
2. Article I, § 3 of the TN Constitution (i.e. that state tax funds, that should have been used for secular education, were spent on proselytizing and promoting religion, specifically violating the “no preference shall ever be given, by law, to any religious establishment or mode of worship.”

The Plaintiffs request injunctive relief, attorneys’ fees and costs, a symbolic nominal award of $1, and an order enjoining any retaliatory action.

Summing it all up, it looks like Cheatham County Schools are probably in for some trouble.  Though the teachers seem to be aware that what they’re doing isn’t kosher (the band leader stepping away, the teacher saying “we know why we’re here even if we can’t say it”), they keep doing it.  I’ll be following the progress of the case here on the blog, so check back for updates in the coming weeks.

(Update) Note: The first case management conference is set for Monday, 12/28/09 at 11 a.m. in courtroom 764 before Magistrate Judge Juliet E. Griffin.