Clergy 'counselors' expelled from Texas public schools

Church & State, Jun 1999

A program in the Beaumont, Texas, public schools that allowed clergy to counsel students on virtues and morality has been declared unconstitutional.

The U.S. 5th Circuit Court of Appeals on April 16 struck down the socalled "clergy in schools" program, citing the separation of church and state.

Under the rules of the program, which did not require parental consent for student participation, clergy were supposedly forbidden to discuss abortion, sex or religion with students or to pray with them. Instead, they were expected to limit their discussions to "moral and civic" issues. But the court record showed that proselytism did sometimes occur.

The appellate court ruled that the program clearly promoted religion. "The creation of a special program that recruits only clergymen to render volunteer counseling makes a clear statement that it favors religion over non-religion," said the court.

The court also found that the program was not truly voluntary, since opting out was not a viable option for many peer-- conscious students.

Officials at the school were disappointed, but the parents of seven children who challenged the program insisted that the clergy sessions violated parental rights.

Americans United agreed. In a friend-of-the-court brief filed before the appeals court, AU attorneys argued that the Beaumont program showed insensitivity toward minority religions and was a clear instance of government promotion of religion. (Doe v. Beaumont Independent School District)

In other news about religion in public schools:

A public high school in Washington state does not have to provide funding to a student-run Bible club, a federal court has ruled. U.S. District Judge Franklin Burgess said officials at Spanaway Lake High School acted appropriately by denying funds to the World Changers, a club formed by student Tausha Prince. Officials have given the club meeting space and the right to use bulletin boards but drew the line at funding. Prince's case was handled by TV preacher Pat Robertson's American Center for Law and Justice, which plans to appeal.

A Sacramento basketball coach who came under fire for praying with team members has resigned. Officials at Grant High School ordered Tony Lowden, boys basketball coach, to stop leading prayer sessions with players after Americans United protested. Lowden resigned last month, saying he was under too much pressure. Aside from the prayer flap, Lowden had been criticized by some parents for his coaching style and player rotation decisions.