Liberty Counsel defends Gideons activities in one Missouri school district

Liberty Counsel defends Gideons activities in one Missouri school district

A federal appeals court has heard arguments in a case involving Gideon Bible distribution in a Missouri public school district. For years, the South Iron R-1 School District in Annapolis, Missouri, has allowed various groups to hand out literature and information to students on school property; but now, in an effort to stop the Bible handout, the American Civil Liberties Union has filed a lawsuit challenging the constitutionality of the school's equal access policy.

In the case of Doe v. South Iron R-1 School District, federal district Judge Catherine Perry issued a preliminary injunction barring the school from allowing any outside group to offer Bibles to students on school property at any time, including non-instructional time.

The pro-family legal group Liberty Counsel represents the school district and has appealed the injunction, arguing it is unconstitutional because it requires the district to discriminate against a particular religious message -- namely, the Bible. Attorney Mat Staver, founder of Liberty Counsel, says the First Amendment of the United States Constitution protects equal access policies.

"Clearly the First Amendment provides that community groups must receive equal treatment under an open-access policy, as in this case, in that the Bible clearly is not a radioactive device that harms children," Staver contends. "Religious viewpoints are obviously protected under the First Amendment," he says.

"And even though the ACLU might not like the fact that an equal-access policy means equal access for religious speech," the Liberty Counsel attorney points out, "equal treatment is indeed required by the Constitution." What is at stake in this case "is the ability to be able to share the gospel at least on an equal platform, an equal playing field," he says.

"If everyone can use a public forum or everyone can have access through an open-access policy but the Bible, that turns the First Amendment on its head," Staver asserts. "Indeed," he adds, "the First Amendment was designed to protect and give preeminence to religious free speech."

Liberty Counsel presented oral arguments before the Eighth U.S. Circuit Court of Appeals. A decision is expected later this year.