On November 19 of last year, Kelly Butler and Sharona & Jason Carr, represented by the American Civil Liberties Union (ACLU), filed a legal complaint against the Smith County Board of Education for the promotion of religion in the school system.
The original lawsuit filed by Butler and Carr alleges that Smith County school officials “routinely promoted and inculcated Christian religious beliefs by sponsoring religious activities and conveying religious messages to students” at Smith County High School and Smith County Middle School.
We previously reported that the Board of Education responded to the lawsuit, and a bench trial starting on May 21, 2021 was scheduled. Since that time, both parties have voluntarily entered into a Consent Preliminary Injunction (filed on April 16, 2020), pending a final settlement or a final ruling on the case. The Board of Education has admitted to several of the allegations asserted in the original complaint and likely violating the Establishment Clause of the First Amendment.
The Preliminary Injunction includes the following restrictions:
- School Officials are prohibited from promoting, advancing, endorsing participating in, or causing Prayers during or in conjunction with School Events for any school within the School District
- School Officials in their Official Capacity are prohibited from planning, organizing, financing, promoting, or otherwise sponsoring in whole or in part a Religious Service.
- The Defendants are prohibited from permitting School Officials at any school within the School District to promote their personal religious beliefs to students in class or during or in conjunction with a School Event
- Private, non-school sponsored materials may be made available to students as part of a neutral limited or other public forum that may be used by outside groups to distribute materials.
In order to ensure enforcement of the injunction, the order states that all current School Officials and all persons who later become School Officials while it is in effect shall be provided a copy of the injunction. Faculty training and education including “the psychological and developmental impact of religious discrimination on students” is also required.
According to Federal Court documents, the parties have engaged in settlement discussions. Per a motion granted on August 6, 2020, a proposed settlement is scheduled to be presented and discussed by the Smith County Board of Education at its August 18 meeting.
