AROUND THE STATES.

Court Rejects School Vouchers in Pennsylvania

A Delaware County, Pa., court has rejected a local school district's religious school voucher plan.

Judge Joseph F. Battle struck down the voucher program Oct. 14, before the case had even gone to trial, ruling that the Southeast Delco Board of School Directors had overstepped its authority by establishing its own voucher system in March. Battle did not comment in his opinion on the constitutionality of public funding of religious education, and instead focused only on whether Pennsylvania's school code would allow a school district to take such an action.

"A common sense reading of the Public School Code results in a finding that there is not any express authority granted by statute to a school board to provide parents of school district students with sums of money as tuition reimbursement for tuition paid to non-school district schools," Battle said in his Giacomucci v. Southeast Delco School District opinion.

The $1.2 million voucher plan would have paid $1,000 for students to attend religious and other private high schools. The county received legal support from the Institute for Justice, a legal group that actively defends voucher plans nationwide. Americans United for Separation of Church and State was a co-sponsoring organization in the lawsuit challenging the program.

The board has not yet decided if it will appeal.

Religious Proclamation Stirs W.Va. Hurricane

The mayor of the West Virginia town of Hurricane has been forced to formally rescind his official proclamation calling for "Jesus Christ to bring the Gospel to the world."

Raymond Peak withdrew the proclamation in the face of criticism from local civil liberties activists, constitutional scholars and religious leaders. Peak apologized for the controversy and insisted that the move was not intended to offend anyone.

"I would not do anything on behalf of the city of Hurricane or myself that would intentionally violate the First Amendment in regards to the separation of church and state. I now realize that the proclamation, as written, did violate that provision," Peak wrote in his formal apology.

The official proclamation was originally issued in late August in honor of Clyde Dupin, an evangelical preacher who was visiting Hurricane. Hillary Chiz, president of the West Virginia ACLU, praised Peak for his apology. "Mayor Peak has taken the trouble to educate himself about the U.S. Bill of Rights and he, in turn, can educate others now," Chiz said.

Georgia Churches Get After-School Aid

When Georgia's General Assembly approved $10 million in March for after-school reading programs, many legislators anticipated that the money would be going to public schools. Accordingly, it came as a surprise to some of them that at least six religious organizations were among the dozens of public and private groups scheduled to receive portions of the allotted money.

According to a report from the Savannah Morning News, almost one fourth of the funds are going to private agencies, including religious groups such as the Atlanta Korean Baptist Church, the Lutheran Church of Atonement in Fulton County and St. Bartholomew's Episcopal Church in DeKalb County.

The diverting of funds to religious institutions concerns many who believe in church-state separation. "It's very troubling to know state funds from any sources ... are being utilized through church or religious institutions," Debbie Seagraves, executive director of the Georgia chapter of the American Civil Liberties Union told the Morning News. "That is not only a potential violation of the U.S. Constitution, it is a violation of the Georgia Constitution, which also provides for the separation of church and state. It is something we will want to watch carefully."

Georgia Gov. Zell Miller (D), however, said he has no problem with a church-state relationship. "I think churches can do a good job with after-school programs," he said.

San Diego City Council Sells Controversial Cross

After a decade-long court battle, the San Diego City Council has unanimously voted to sell the Mount Soledad cross.

The Mount Soledad Memorial Association purchased the controversial religious symbol for $106,000. The cross had been displayed on public property and maintained with public funds since 1913, but became the subject of a bitter church-state lawsuit.

A federal court ruled in 1991 that San Diego had to either sell or remove the cross, a decision that was upheld on appeal. Two years ago the Memorial Association bought the cross and the half-acre of land around it for $14,500, but a federal court nullified the sale, ruling that the group did not pay fair market value and that there was no public bidding process.

Meanwhile, in Pennsylvania, the state Bureau of Forestry has announced that a series of wooden crosses on state land will be removed.

The Franklin County Sunday School Association has been using public property for religious services in a wooded area near Fayetteville since 1918. Despite the decision to have their crosses removed, the group wishes to continue to use the property for their Sunday morning services.

Carl Silverman, an Americans United member and local activist who raised the issue, said he has no objection to the Sunday School Association's use of the land, as long as a lottery system of some sort is established so other organizations have equal access.