Christian Club Wins Equal Access Case Against Plano Independent Schools
by Allie Martin
November 10, 2006
(AgapePress) - - A federal judge has ruled against a Dallas, Texas-area school district in a case involving a Christian student club that was denied equal access by school officials. Liberty Legal Institute, a pro-family law firm that often takes cases involving civil liberties and religious freedom violations, represented the student group.Earlier this year, students at a middle school in Plano Independent School District asked administrators for permission to form a Christian club called Students Witnessing Absolute Truth, or S.W.A.T. The club was approved but was not allowed to receive official recognition or to place a listing on the school website.
Liberty Legal Institute filed a lawsuit on the Christian students' behalf. On April 21, Judge Don D. Bush issued a recommendation for a preliminary injunction, enjoining the Plano Independent School District (Plano ISD) from any further discrimination and ordering the district to provide equal benefits and privileges to S.W.A.T. Remarking on the case, the judge described the school district's actions with regard to the Christian club as a "flagrant" violation of the students' rights.
Attorney Kelly Shackelford, Liberty Legal Institute's chief counsel, feels the judge's ruling in S.W.A.T. v. Plano ISD is a solid one. "The judge said that clearly, under the law -- both the Constitution and the Equal Access Act -- you have to treat student groups the same," he says, "and that religious student groups and religious students cannot be discriminated against because they're Christian or because they're religious."
Shackelford points out that all the Christian club members wanted was to be treated fairly, and the court's ruling should ensure that. "We now have a judgment in their favor," he says, "and we've got these kids ... being treated well in that their website is back up, and they're being treated the same as everybody else."
But besides securing their own rights, the pro-family lawyer notes, the S.W.A.T. members' case has helped pave the way for others facing religious discrimination to assert their rights as well. Thanks to those courageous Christian students and their principled fight, he asserts, "every other kid ... and every other group who wants to live out their faith in the area and the district now has protection, because they were willing to stand."
S.W.A.T. v. Plano ISD was filed in the Federal District Court in Sherman, Texas. That is the same court in which another matter involving the school district's handling of student expressions of faith, Morgan et al., v. Plano ISD, is currently in litigation. In that case, a student was prohibited from distributing religious-themed gifts, including candy canes.
Shackelford sees the S.W.A.T. members' win as a major victory; however, he says he only wishes he could say the district had learned its lesson and would stop violating the law. "Unfortunately, I know they are still fighting the rights of numerous students on the Morgan case," the Liberty Legal Institute spokesman observes, "and so we have more work to do." He says he wonders how many rulings it will take "to get the district to sit down with us and stop these violations."
Discriminating against students or groups because of their faith is not the law -- it is illegal, Shackelford insists. Under the law, he says, religious student groups have the same rights and deserve the same benefits that every other student group enjoys.
Allie Martin, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
