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Federal Appeals Court overturns Louisiana school prayer law. (People & Events).


A Louisiana law Louisiana is the only U.S. state whose legal system is based in part on civil law, which is based on French and Spanish codes and ultimately Roman law, as opposed to English common law, which is based on precedent and custom.  requiring public schools to set aside time each day for spoken prayer by students and teachers violates the constitutional separation of church and state
See also: .
Separation of church and state is a political and legal doctrine which states that government and religious institutions are to be kept separate and independent of one another.
, a federal appeals court ruled Dec. 11.

In a 3-0 ruling, the U.S. 5th Circuit Court of Appeals in New Orleans New Orleans (ôr`lēənz –lənz, ôrlēnz`), city (2006 pop. 187,525), coextensive with Orleans parish, SE La., between the Mississippi River and Lake Pontchartrain, 107 mi (172 km) by water from the river mouth; founded  held that the statute runs afoul of a·foul of  
prep.
1. In or into collision, entanglement, or conflict with.

2. Up against; in trouble with: ran afoul of the law. 
 the First Amendment of the Constitution. The decision is a victory for Americans United for Separation of Church and State Americans United for Separation of Church and State (Americans United or AU for short) is a religious freedom advocacy group in the United States which promotes the separation of church and state, a legal doctrine seen by the AU as being enshrined in the Establishment  and the American Civil Liberties Union American Civil Liberties Union (ACLU), nonpartisan organization devoted to the preservation and extension of the basic rights set forth in the U.S. Constitution.  of Louisiana CODE, OF LOUISIANA. In 1822, Peter Derbigny, Edward Livingston, and Moreau Lislet, were selected by the legislature to revise and amend the civil code, and to add to it such laws still in force as were not included therein. , the two groups that challenged the law.

Americans United and the ACLU ACLU: see American Civil Liberties Union.  filed suit Dec. 3, 1999, on behalf of local parents and children who objected to the school-sanctioned religious worship. The suit opposed the state law, as well as officially sanctioned prayer over the intercom in the Ouachita Parish public schools.

A federal district court ruled against the statute and the local religious practices, but Louisiana officials appealed the portion of the ruling dealing with the state law. The Dec. 11 decision in the Doe v. Foster case upholds the lower court ruling.

"This decision is an important reminder that government may not meddle med·dle  
intr.v. med·dled, med·dling, med·dles
1. To intrude into other people's affairs or business; interfere. See Synonyms at interfere.

2. To handle something idly or ignorantly; tamper.
 in the religious lives of our children," said Barry W. Lynn Reverend Barry W. Lynn (born 1948 in Bethlehem, Pennsylvania) has been the Executive Director of Americans United for Separation of Church and State since 1992.[1] , executive director of Americans United. "Public schools are supposed to teach, not preach. It's up to parents to decide what religious instruction their children receive."

The conflict springs from 1999, when the state legislature A state legislature may refer to a legislative branch or body of a political subdivision in a federal system.

The following legislatures exist in the following political subdivisions:
 amended a state law allowing a brief time each day for silent prayer or meditation. The amendment struck the word "silent," thus allowing spoken prayer by both teachers and students.

The AU/ACLU lawsuit was brought on behalf of two families within the public school district who oppose the practices, but who have asked to remain anonymous.

The appeals court ruled that the law had a clear religious purpose, noting that during deliberation state lawmakers stated upfront that their goal was to return verbal prayer to public schools.

In other news about religion in public schools:

* Bible distribution in the public schools in Johnson County Johnson County is the name of several counties in the United States:
  • Johnson County, Arkansas
  • Johnson County, Georgia
  • Johnson County, Illinois
  • Johnson County, Indiana
  • Johnson County, Iowa
  • Johnson County, Kansas
  • Johnson County, Kentucky
, N.C., will be discontinued due to a complaint from Americans United.

Responding to the concerns of a community resident, AU attorneys wrote to Superintendent James Causby and McGee Crossroads Elementary School elementary school: see school.  Principal Terry Weakley Oct. 30, asserting that the Constitution does not permit distribution of Bibles to third and fifth graders by the Gideons, an evangelical Christian group.

Noted the AU letter, "The reason for the prohibition on Bible distribution is not that the Constitution requires schools to be hostile toward religion, but that it requires schools to remain neutral on religious matters, by neither encouraging nor discouraging particular religious points of view. In this way, schools demonstrate appropriate respect for the legal rights of parents to direct the religious upbringing of their children."

In a Dec. 3 response, Causby said he will direct the principal to refrain from allowing further distribution at this time.

* A federal court has ruled that public school officials in Rapides Parish, La., violated the Constitution by pressuring elementary school students to accept Bibles.

U.S. District Judge F.A. Little Jr. ruled Sept. 27 in favor of a Muslim girl whose parents sued the Rapides Parish School Board over Paradise Elementary School's Bible-distribution policy.

The lawsuit asserted that fifth-grade student Hesen Jabr was among a group of students summoned to Principal John Cotton's office and presented with Bibles in December of 2000. According to the complaint filed by Hesen's parents, the child said she did not want the book, but Cotton replied, "Just take it." Hesen testified that she felt pressured and accepted the Bible.

The complaint also noted that when Jabr later expressed concerns about the incident to fellow students, some of them subjected her to "scorn and ridicule" because her family is not Christian.

School officials disputed the Jabr family's account and insisted that the child could have refused the Bible, but the court found this argument unpersuasive.

"The pressure created by the principal in his office was coercive and, thus, illegal," Little wrote. "This court can imagine no more intimidating or coercive environment in an elementary school than those conditions in the principal's office." (Jabr v. Rapides Parish School Board)

* Knoxville, Tenn., school officials must stop sponsoring Christian rallies for basketball players, according to Americans United. In a Nov. 14 letter to officials at the Knox County School District, AU attorneys noted that the organization received a complaint about a Nov. 1 incident during which a basketball coach held a mandatory meeting for players featuring clergy who addressed the students about the need to adopt fundamentalist Christian beliefs and then led them in a hymn.

Americans United Legal Director Ayesha Khan enclosed information explaining the law relating to religion in public schools and asked the officials to make sure the incident is not repeated.

* Special prayer rooms for Muslim students during Ramadan will not be set aside in New York City New York City: see New York, city.
New York City

City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S.
 public schools after all. Controversy erupted in the Big Apple after Muslim students demanded the right to have special prayer rooms established in city schools. The students said they needed the space for prayers during the Islamic holy month of Ramadan.

Chancellor Harold O. Levy Harold O. Levy is a former Chancellor of New York City's public schools, serving under Mayor Rudy Giuliani from 2000 to 2002. He currently resides with his wife and two children in New York City.  at first directed schools to set up the rooms but later changed his mind. Levy issued a statement pointing out that students of all faiths may pray in school in a non-disruptive fashion whenever they like but adding that it would be improper "to set aside rooms or designate areas for student prayer or for school officials to organize or lead such prayer."

Public school officials in Chicago are also grappling with the issue.

* The Family Research Council has launched a campaign backing a moment of silence in public schools. The organization says it will urge states to adopt legislation similar to a moment-of-silence law in Virginia that survived a legal challenge in the federal courts.
COPYRIGHT 2002 Americans United for Separation of Church and State
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Church & State
Article Type:Brief Article
Geographic Code:1USA
Date:Jan 1, 2002
Words:981
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