Roark v. South Iron R-1 School District

• Court: U.S. Court of Appeals for the Eighth Circuit
• AU’s Role: Amicus
• AU's Involvement Began: January 2007
• Status: Closed

Description

The South Iron R-1 School District for many years allowed the Gideons to visit fifth-grade classrooms to distribute Bibles to students during class time. Early in 2005, the School District’s superintendent decided to stop this practice because, after consulting with the School District’s lawyers, he believed that it violated the Establishment Clause. But the local Ministerial Alliance persuaded the school board to ignore the attorneys’ warning and to resume allowing the Bible distributions. The superintendent ultimately resigned in protest. After an October 2005 Bible distribution in fifth-grade classrooms by the Gideons and the school principal, some parents filed a lawsuit challenging the practice. A few days before the hearing on the parents’ motion for a preliminary injunction, the School District revised its policy to allow outside groups to distribute pre-approved materials to students in designated areas and times during the day. In September 2006, the court granted the parents’ motion for a preliminary injunction to prohibit the Bible distribution, holding that the parents were likely to succeed on the merits of their challenges to both the old and the new policies. The School District appealed the case to the U.S. Court of Appeals for the Eighth Circuit. We submitted an amicus brief in support of the parents in January 2007, arguing that the School District’s policy was motivated by a religious purpose and had a religious effect. In August 2007, the Eighth Circuit affirmed the district court’s issuance of the preliminary injunction, concluding that the parents were likely to succeed on the merits of their challenge to the old distribution policy. The Eighth Circuit limited its opinion to the old policy, however, and did not opine on the constitutionality of the new policy. On remand, the trial court issued a permanent injunction against "distribution of Bibles to elementary school children on school property any time during the school day." The court also issued a declaratory judgment finding unconstitutional the School District’s broader policy allowing the distribution of "any printed material" that was not libelous or likely to cause disruption. In April 2008, the School District again appealed to the Eighth Circuit. On August 25, 2008, we filed an amicus brief in support of the parents, arguing that the distribution of Bibles to elementary-school students has the unconstitutional effects of endorsing religion and pressuring the students to take part in a religious activity. On July 16, 2009, the Eighth Circuit upheld the trial court’s permanent injunction. The Eighth Circuit reversed the trial court’s declaratory judgment, however, because invalidating a policy that concerned the distribution of "any printed material" reached well beyond barring the distribution of Bibles.

Most Recent Developments

The School District did not seek review by the U.S. Supreme Court, so the case has concluded.