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ACLU backs down in Louisiana nativity scene case

ACLU relinquishes its attack on school district represented by ADF
Friday, August 12, 2005, 11:38 AM (MST) |
ADF Media Relations | 480-444-0020


"The ACLU's case was going nowhere fast," said Mike Johnson, an ADF attorney based in Shreveport.  "Stockwell Place Elementary School's display of a creche was unquestionably lawful and legitimate, and its allowance of equal access for Christian student organizations is in perfect compliance with the First Amendment."

BENTON, La. - In a settlement agreement negotiated by attorneys with the Alliance Defense Fund, the American Civil Liberties Union will no longer pursue its legal attack upon the Bossier Parish School District.  ADF attorneys represent the district.

One of the district's schools displayed a nativity scene during the Christmas season of 2003 and has allowed other forms of religious expression on campus.  This prompted the ACLU to file suit against the district and school officials.

"The ACLU's case was going nowhere fast," said Mike Johnson, an ADF attorney based in Shreveport.  "Stockwell Place Elementary School's display of a creche was unquestionably lawful and legitimate, and its allowance of equal access for Christian student organizations is in perfect compliance with the First Amendment."

The U.S. Supreme Court has held that displays of religious symbols on public property-such as nativity scenes-are constitutional if placed for legitimate secular purposes such as celebrating a holiday or depicting its origins.

The ACLU, representing the parents of two former students at the school, had also objected to the school's inclusion of religious songs in its Christmas program and to its allowance of a Christian club to voluntarily meet during recess.

On April 4, U.S. District Court Judge Maurice Hicks, Jr., granted in part the school district's motion to dismiss the case because the original plaintiffs moved out of state.  As part of the settlement, the ACLU agreed to waive any claims for damages or attorneys' fees against the school district, and the school board reaffirmed its longstanding commitment to follow the law and its applicable policies.

"Each of the accusations the ACLU made in this lawsuit was either completely unfounded or simply not a violation of the federal Constitution, the Louisiana Constitution, or any statute," said Johnson.  "Bossier Parish school officials have repeatedly shown their resolve to respect the law and the religious beliefs of all of their students and personnel.  ADF will continue its work nationwide in defending schools from the ACLU's illegitimate attacks."

The case, McBride v. Bossier Parish School Board, was filed April 13 of last year in the U.S. District Court for the Western District of Louisiana.

ADF is America's largest legal alliance defending religious liberty through strategy, training, funding, and litigation.

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