---------------------------------------------------------------- 12-10-97 ACLU Newsfeed -- ACLU News Direct to YOU! ---------------------------------------------------------------- TODAY'S NEWS: Sender: owner-news@aclu.org Precedence: bulk * Florida Citizens File Lawsuit Against Unconstitutional "Bible History" Classes * Federal Appeals Court to Consider Journalists' Access to Executions * Alabama Supreme Court Says State Must Provide Equitable Education * Recent Headlines from the ACLU NewsWire ----------------------------------------------------------------- Florida Citizens File Lawsuit Against Unconstitutional "Bible History" Classes FOR IMMEDIATE RELEASE Tuesday, December 9, 1997 FORT MYERS, FL -- Lee County parents and other concerned citizens today filed a lawsuit in federal court to stop the Lee County school district from teaching an unconstitutional "Bible History" course that uses the Bible as though it is a history textbook. Serving as co- counsel in the lawsuit are the Florida law firm of Steel Hector & Davis, People For the American Way and the ACLU Foundation of Florida. "Citizens of Lee County who saw and heard the School Board's actions sincerely believe the Bible History curriculum adopted violates the First Amendment through its endorsement of a sectarian point of view and its introduction of religious exercises into the public schools," said Thomas Julin of Steel Hector & Davis, lead attorney for the plaintiffs. "Whether Bible stories are the 'gospel truth' is a matter of faith, not literal history," said Howard Simon, Executive Director of the American Civil Liberties Union (ACLU) of Florida. "Over a decade ago, the federal courts prevented religious zealots from evangelizing public school children with the teaching of the Biblical story of creation as science," Simon added. "We expect the courts to similarly invoke constitutional principles to prevent the Bible from being used as a history text in Lee County." "Public school officials are not allowed to use public school classrooms to promote religion and teach religious lessons," said Carole Shields, President, People For the American Way (PFAW). "But that is exactly what Lee County school board members are trying to do with this course. This class would be perfectly appropriate for Sunday school, but not for public school." According to the complaint filed today in US District Court for the Middle District of Florida, the Lee County School Board voted in 1996 to develop and offer a two-semester Bible history course. An announcement specified that the course would feature "use of the Bible as a historical document." The board later adopted an Old Testament Bible history curriculum developed by a local school district committee and a New Testament curriculum created by a private Religious Right-affiliated group known as the National Council on Bible Curriculum in Public Schools, of Greensboro, North Carolina, which has the stated purpose of persuading public school boards throughout the United States to offer high school classes "to study the Bible as a foundation document of society and the blueprint for our Constitution." The school board adopted the curricula in part against the advice and constitutional objections of its own superintendent, attorney and outside counsel. This case is believed to be the first in the country challenging use of the National Council's Bible curriculum in public schools. The ACLU of Mississippi and PFAW recently successfully sued local school officials in Mississippi on behalf of plaintiff Lisa Herdahl to stop a similar Bible history course that was being taught in a Mississippi school district. The Lee County lawsuit is expected to pit the two civil liberties groups against the Pat Robertson-supported American Center for Law and Justice, which has offered its services to the Lee County School Board. The complaint in the case can be found at http://www.aclu.org/court/florida_complaint.html. A collection of statements from the plaintiffs in the case is at http://www.aclu.org/news/n120997b.html ----------------------------------------------------------------- Federal Appeals Court to Consider Journalists' Access to Executions FOR IMMEDIATE RELEASE Monday, December 8, 1997 SAN FRANCISCO -- A three-judge panel of the Ninth Circuit Court of Appeals will hear oral arguments this week in the ACLU of Northern California case on behalf of journalists challenging the state's shielding execution procedures from the view of journalists and other witnesses as a violation of the First Amendment. The December 11 hearing is a result of the Department of Corrections appeal of a District Court injunction barring prison officials from restricting journalists' access to San Quentin's lethal injection executions. The case will be argued by ACLU-NC cooperating attorney David Fried. In 1996, when William Bonin became the first person in California to be executed by lethal injection, reporters and other witnesses to the February 23 execution were prevented by prison officials from observing the complete execution procedure. Unable to offer first-hand accounts of the entire process, including the difficulties prison officials admitted they encountered in inserting the IVs, the journalists could not thoroughly inform the public on the state execution. Thus, the public had to rely solely on prison officials for information about how the death penalty is being implemented by this new method of execution. On April 9, 1996 ACLU-NC attorneys filed California First Amendment Coalition v. Calderon on behalf of journalists, news organizations and First Amendment advocates, asking the court to issue an immediate injunction to prevent the prison from imposing the restrictions during subsequent executions. On May 31, the Court issued a preliminary injunction enjoining prison officials from restricting witness observation of executions. On February 28, 1997 U.S. District Court Judge Vaughn Walker ruled that public witnesses -- including the media- have a constitutionally protected right to observe executions and that there was no evidence that media presence jeopardizes prison security or the safety of prison personnel. The Department of Corrections appealed that ruling, resulting in the December 11 hearing before a three-judge panel of the Ninth Circuit Court of Appeals. The plaintiffs are represented by Fried, attorneys Jeffrey S. Ross, Michael Kass and Paul Jahn of the law firm of Friedman, Ross & Hersh, and ACLU-NC managing attorney Alan Schlosser. ----------------------------------------------------------------- Alabama Supreme Court Says State Must Provide Equitable Education FOR IMMEDIATE RELEASE Friday, December 5, 1997 MONTGOMERY, AL -- In a unanimous ruling, the Alabama Supreme Court has affirmed the state's constitutional obligations to provide all school children with an adequate and equitable education. While the Court vacated a lower court remedy order and gave the legislature an opportunity to act "within a reasonable time," it retained the authority to step in if lawmakers do not arrive at a workable solution. "Our lawmakers now have their work cut out for them," said Olivia Turner, Executive Director of the ACLU of Alabama. "We will be delighted if they resolve the issue without further involving the courts. "In our view, 'a reasonable time' for the legislature to act means one legislative session," Turner added. "After that, we will have to seriously consider returning to the courts." The legal challenge, ACE and Harper v. James, was originally filed in May 1990 by the Alabama Coalition for Equity. The ACLU joined the case in January 1991 and represents all children receiving inadequate educational opportunities. "Today's decision turned back a sustained and vigorous effort to prevent the courts from ensuring adequacy and equity in education for children," said Chris Hansen, a Senior Staff Attorney with the National ACLU, who has successfully litigated numerous educational equity challenges across the country. "We are pleased that the Alabama high court, like most other courts in this country, has rejected that assault." In its decision, the court overruled Governor Fob James' request for a rehearing and squarely affirmed Circuit Judge Gene Reese's 1993 liability ruling. In doing so, the justices ordered the trial court to retain jurisdiction over the case to ensure the state provides an adequate and equitable education for the children of Alabama. The 1993 liability judgment required the state to provide all school children "substantially equitable and adequate educational opportunities ... regardless of the wealth of the communities in which they reside." The order also defined an adequate education in detail. For instance, the trial court ordered state defendants to provide the skills and knowledge which would allow Alabama students to compete at national and international levels in oral and written communication as well as math and science. The Court further defined an adequate education as one which would allow students to compete favorably at the state, national, and international level in academics and the job market. In addition, the liability ordered required the state to provide appropriate instruction and special services to children with disabilities. "Children and parents now have a clear recourse in the courts if our legislature fails to act," said Shannon Holliday, ACLU of Alabama staff counsel. "In the end this case was not about placing blame for the system's problems. It was about finding workable solutions to make sure the children of our state are provided the educational opportunities to survive in a competitive world." The Court's ruling followed the release of an Alabama ARISE study on school funding inequity. The ARISE study showed that the ten best- funded schools still receive over 40 percent more funding per-pupil than the ten worst-funded systems, and Alabama still ranks 48th in the nation in per-pupil spending and 14th out of the 15 Southeastern states. And at a K-12 legislative budget hearing, several legislators expressed concern about the continuing funding gap between school systems, especially given that students must soon meet the new higher graduation standards regardless of the educational opportunities their schools can afford to provide. Superintendent Ed Richardson indicated it would cost the state about $1 billion in new revenue just to reach the Southeastern average in per-pupil spending. ----------------------------------------------------------------- ***** Headlines of Recent Articles on the ACLU NewsWire ***** http://www.aclu.org/news/newsclip.html -- Gov. Defends Christian Songs For School Christmas Programs -- Prayer Monitors for Alabama Schools Nominated -- Alabama Officials to Draft Religious Guidelines -- Alabama Testing Bounds of Court Ruling ---------------------------------------------------------------- ONLINE RESOURCES FROM THE ACLU NATIONAL OFFICE ---------------------------------------------------------------- ACLU Freedom Network Web Page: http://www.aclu.org. America Online users should check out our live chats, auditorium events, *very* active message boards, and complete news on civil liberties, at keyword ACLU. ---------------------------------------------------------------- ACLU Newsfeed American Civil Liberties Union National Office 125 Broad Street New York, New York 10004 To subscribe to the ACLU Newsfeed, send a message to majordomo@aclu.org with "subscribe News" in the body of the message. To terminate your subscription, send a message to majordomo@aclu.org with "unsubscribe News" in the body of the message. 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