Gideons permitted to distribute Bibles to fifth graders in Lynchburg, Virginia
Members of Gideons International are being permitted to distribute Bibles to fifth graders at several elementary schools in Lynchburg, Virginia. Superintendent Paul McKendrick points out that school district policy requires students to give the Gideons representative a signed parent permission form before they can accept a Bible. However, Kent Willis, executive director of the American Civil Liberties Union of Virginia, questions the constitutionality of the practice. Referring to the U.S. Court of Appeals for the Fourth Circuit's 1998 decision in
Peck v. Upshur County Board of Education, he says, "The court has ruled that you cannot distribute Bibles in elementary schools, and this is an elementary school." While he concedes that under certain conditions Gideons and other religious organizations can be on public school campuses, he contends this specific case warrants closer examination because the relative youth of the students may lead them to interpret the Gideons' presence as being endorsed by the school. "If the school is allowing only the Gideons in the school to distribute literature, that is most certainly a constitutional violation," he says. "That means the school is officially sanctioning a religious activity." He adds, "However, if the school has a policy that allows any private entity to enter the school and distribute literature, then the Gideons would be as welcome as anyone else." Lynchburg School Board Chairwoman Julie Doyle insists she was unaware of the Gideons' visits. "Clearly, public schools are not in the business of promoting one religion over another," she says. "This raises questions that we need to address." Mr. Willis also expresses concern about the schools sending permission slips home to parents. Acknowledging that the reason "courts have allowed schools to have Gideons come is that the school can claim to play a passive and neutral role," he contends that when "a school goes so far to send notes home, that seems to me to be a much more active role." Superintendent McKendrick says he intends to review the Gideons policy, noting it is one that he inherited when he took the position earlier in the year.
Richmond Times-DispatchBy Amy Coutee
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Editor's Note: In April 2004 Legal Clips
reported on a similar situation involving distribution of Bibles to 5-12 graders in Mobile County, Alabama. To view the story, which includes a link to a summary of Peck v. Upshur County Board of Education, see below.]
[NSBA School Law pages on Mobile County Bible dispute]