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Santa Rosa County, FL – Liberty Counsel filed its Initial Brief at the 11th Circuit Court of Appeals in Atlanta, Georgia, on behalf of the Christian Educators Association International (“CEAI”). CEAI sought to intervene in a federal trial court to defend the rights of the faculty and staff of the Santa Rosa County School District, but the court refused the request and refused to dismiss the case brought by the ACLU, even though the case had become moot following the graduation of the two high school seniors who brought the suit under the pseudonym of “Doe.”

The ACLU-crafted Consent Decree is being used to threaten employees with fines and jail time for praying over a meal. These outrageous actions prompted Liberty Counsel to request to intervene in order to stop this crackdown on constitutional rights. In August of 2009, Liberty Counsel successfully defended Michelle Winkler from contempt charges brought by the ACLU after her husband, who is not employed by the district, offered a meal prayer at a privately sponsored event in a neighboring county. On Constitution Day, Liberty Counsel successfully defended Pace High School Principal Frank Lay and Athletic Director Robert Freeman against criminal contempt charges, after the ACLU complained when Freeman offered a blessing for a lunch meal, served to about 20 adult booster club members.

Under the Consent Decree and the guideline issued by the district, teachers are always considered to be acting in their “official capacity” whenever a student is present, even at private functions off campus. Teachers cannot pray, bow their heads, or fold their hands to show agreement with anyone who does pray. Teachers and staff cannot “Reply” to an email sent by a parent if the parent’s email refers to God or Scripture. Teachers either have to delete such references from the original email or reply by initiating a new email. Teachers and staff are also required to stop students from praying in their own private club meetings. During witness testimony, Winkler cried as she described how she and a coworker, who had recently lost a child, had to hide in a closet to pray. 

The two anonymous plaintiffs who initiated the case graduated in May 2009, and the case brought by the ACLU became moot. But the judge has not dismissed the case. In addition to this appeal regarding intervention and mootness, Liberty Counsel has another suit pending against the district on behalf of faculty, staff, students, and people in the community whose rights are infringed by this Consent Decree.

Mathew Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: “Public schools are not religion-free zones, yet this ACLU-crafted court order criminalizes Christianity and censors religious expression, even outside of school time. We will not rest until this unconstitutional order is overturned.”

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