Supreme Court skips student bible club discrimination case.

The U.S. Supreme Court has refused to accept a case challenging the right of religious clubs at public schools to restrict officer positions to members of certain faiths.

The high court on Dec. 16 declined to intervene in a New York dispute that tests the parameters of the Equal Access Act. That federal law allows students to form religious clubs at public secondary schools during "non-instructional" time if other groups not directly related to the curriculum are meeting.

The New York conflict began three years ago when Emily Hsu and other students at Roslyn High School requested permission to start a Christian club. The constitution of the proposed Walking on Water Christian Fellowship mandated that all officers "profess" Jesus Christ as Lord and Savior.

School officials denied the request, contending that the club's proposed "Christians only" policy for officers ran afoul of school policies banning discrimination. Hsu filed suit, backed by TV preacher Pat Robertson's American Center for Law and Justice.

A federal district court ruled for Roslyn High School, but an appellate panel later overturned that decision. The Supreme Court's refusal to hear the controversy leaves that ruling intact.

Officials at Roslyn High said they were disappointed by the high court's decision not to hear the case. "It is critical that all students know that they are being treated fairly and equally and are not being deprived of an opportunity to participate in a school activity because of their religion, sex or other invidious criteria," said Frank Tassone, school superintendent.

But the club's attorney Joseph P. Infranco saw the outcome as a victory for the independence of religious groups from government interference. "The real issue had to do with speech, not discrimination," Infranco told The New York Times. "People have a right to express their views, and part of that fight is the right of association and who is going to speak for a group. You wouldn't expect a yeshiva to have to hire a Muslim to teach its doctrine."

In other news about religion in public schools:

* A federal judge has allowed a Bible study group to meet at Oakridge (Ore.) Elementary School immediately after the class day ends. U. S. District Judge Michael Hogan said the school must open its facilities to the religious group because the 4-H club has also been meeting there. The school board is considering a policy banning all community groups from the building until after 6 p.m.

* Utah education officials have launched a new program to teach about civic values and religion in public schools. The Three R's Project (Rights, Responsibilities and Respect) will offer workshops all over the state to help parents, teachers and administrators determine policies for discussing religion in public schools.

The program has been endorsed by a wide array of religious leaders in Utah, including representatives of the Roman Catholic, Baptist, Islamic, Jewish, Mormon and Humanist communities. But Chris Allen, head of the Utah branch of American Atheists, charged that the "perspective of atheists and other non-religious thinkers is excluded and largely ignored."

* Cleveland's school board may continue opening its meetings with prayer, a federal court has ruled. U.S. District Judge David D. Dowd Jr. said prayer is permissible because school board meetings take place in a "fundamentally adult atmosphere" and are not "school settings" that students are required to attend. The Ohio branch of the American Civil Liberties Union, which brought the case on behalf of math teacher Gene T. Tracy, is considering an appeal.

* A federal judge in Texas has ruled that students at the Sante Fe School District may lead prayers at graduation and before sporting events, as long as the devotionals are "non-sectarian and non-proselytizing." U.S. District Judge Sam Kent also said student-organized baccalaureates may take place at the district's high school and that outside groups may distribute Bibles on the sidewalks outside of the school. Kent struck down school sponsorship of religion.

The case was brought by the Texas branch of the American Civil Liberties Union in 1995 on behalf of two families who protested religious activities at the school district.