Student's Suit Over Bible Club Ban Reinstated

Raising questions about whether school districts can ban Christian student clubs, a state appeals court has reinstated a lawsuit filed by a Mission Viejo teen whose effort to create a Fellowship of Christian Athletes chapter was rejected by school officials.

A lower court threw out the suit before it went to trial, ruling that the Saddleback Valley Unified School District was within its right to prohibit clubs with religious affiliations from meeting on campus.

But justices at the 4th District Court of Appeal in Santa Ana, in a sharply worded decision, said it could be argued that the Bible-study group is no different from other campus organizations such as the Key Club and Girls League.

The three-justice panel also questioned the district's argument that allowing the Christian club to meet at Mission Viejo High School would blur the lines between church and state.

"Merely granting [the club] the same privileges enjoyed by all other campus clubs offends neither the U.S. Constitution nor that of this state," wrote Justice Thomas F. Crosby.

District officials said they will continue their ban as the case proceeds through the legal system and may appeal the decision to the state Supreme Court. The student's attorney called the opinion a victory that will have implications across the state.

"This sends a loud signal to school districts that treating religious clubs like second-class citizens will not be tolerated in the state of California," said Brad Dacus, an attorney for the student, Justin Van Schoick.

Van Schoick filed his lawsuit in 1996 after school officials rejected his application for a Bible club aimed at "creating a Christian presence on campus." The club wanted faculty advisors and equal access to school facilities during school hours.

Under the 1984 federal Equal Access Act, religious groups are permitted in schools where there are clubs not directly related to academic courses. Saddleback school officials said the act doesn't apply in their ban because the district prohibits any clubs that aren't directly related to curriculum.

But the appeals court doubted whether other campus groups allowed on campus were curriculum related and said the matter should be decided by a jury.

"Community service clubs are, at best, only marginally related to the usual high school curriculum," wrote Crosby, citing language from another case.