School Sued for Stopping Student from Sharing Scripture 'Joy Jars'

by Jim Brown
March 18, 2004

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(AgapePress) - An Alabama elementary school is being accused of violating the constitutional rights of a Christian student.

Robert E. Lee Elementary School in Satsuma, Alabama, was recently sued for barring fifth-grader Robert Dowd from passing out glass "joy jars" that contained Bible verses and messages of encouragement. A teacher reportedly confiscated the jars while the students were at recess.

The school claims the gifts that Dowd was going to give his classmates might offend Muslims and people of other non-Christian religions. However, Dowd's attorney, George Arnold, says the school is erroneously claiming the gifts violate the establishment clause -- the so-called "separation of Church and State" -- because the joy jars endorse Christianity.

But Arnold believes there is only one way anyone could come to that conclusion: "You have to basically lie to yourself," he says. "You have to stretch your imagination and ignore logic to say that a ten-year-old boy handing out his Christmas gift at his Christmas party at school is an establishment of religion by government."

At any rate, the lawyer believes unclear rules regarding what students may and may not pass out at school may have contributed to the problem that Dowd experienced with the school officials. Arnold is asking for a declaratory judgment that the school board's literature distribution policy is improper.

"One of our arguments is that policy is too broad and vague and open to abuse of discretion by those who administer it. Basically [the guidelines] say, 'Well, if you want to know what you can do, come and ask us, and we'll tell you.' And that kind of policy is open to abuse of discretion, if someone doesn't know in advance what they are allowed to do," the attorney says.

Arnold says he believes the school is acting out of ignorance of the Constitution and has been cowed by American Civil Liberties Union lawsuits that purport to fight State endorsement of religion.