ACLU Lacks Standing to Continue Case Against Christian Free Speech

ACLU attorneys in Florida have been naughty. They've pursued litigation in a Santa Rosa School District case, while hiding the fact they had no 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. It's resulted in new Florida legislation favoring freedom of religious expression for public school personnel and students.

Here is some background, the snag in the case, and the results.

Background: The ACLU approached the Santa Rosa School District on behalf of two atheist students who alleged that Christian teachers were forcefully witnessing during class time and within class lessons.

Although evidence of this was subjective and sorely lacking, school personnel were forced to sign a "Consent Decree," drawn up by the ACLU and the School Board, to cease and desist any Christian free speech on school grounds. The case could have ended there, but...

The atheists further demanded that the Christian school personnel should not even be able to pray at off-campus, privately sponsored events outside of school hours.

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 also sued because - after all - he was her husband (see my previous Associated Content articles on this case here and here).

Even after the three were cleared of charges, the unlawful ordinance was still being enforced. It was so worded that the ACLU and School District could keep trying to find charges against 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 audiences for private religious services held at places of worship, if the events involve school faculty or students.
-Students couldn't say "God Bless" in any situation.
-School personnel couldn't be seen praying, even to themselves - anywhere in public.
-Teachers couldn't answer parents' e-mails if anything about God was in the text; nor could parents and teachers have such conversations.
-School volunteers couldn't 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.

The 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.

Liberty Counsel (attorneys for the defendants) brought the point of mootness to the court's attention. In March, the court demanded that the ACLU explain why they continued pursuing enforcement of the Decree.

Results:
-The defendants now have a case against the Santa Rosa School District for illegalities in the decree and violations against the students' and teachers' First Amendment freedom of religious expression.

-An injunction against the further persistence and enforcement of the Consent Decree has been requested.

-In June, the Florida House passed a bill (HB31) that would require school districts to obtain the consent of staff and students before entering into any agreement that infringes upon or waives their First Amendment rights. This new law will prevent further situations like Santa Rosa.

As these types of things happen more and more around the country, Christians should stand firm and pray. It is biblical that persecution will come (see Matthew 5:10; 1 Corinthians 4:12-13, etc.). 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).

The original version of this report was previously posted at The Underground Online Magazine.

Sources:
Florida House Bill HB 31.
Liberty Counsel Press Releases here and here.