• Contact Us
  • Classifieds
  • About
  • Home

Pathway

Missouri Baptist Convention's Official News Journal

  • Missouri
    • MBC
    • Churches
    • Institutions & Agencies
    • Policy
    • Disaster Relief
  • National
    • SBC Annual Meeting
    • NAMB
    • SBC
    • Churches
    • Policy
    • Society & Culture
  • Global
    • Missions
    • Multicultural
  • Columnists
    • Wes Fowler
    • Ben Hawkins
    • Pat Lamb
    • Rhonda Rhea
    • Rob Phillips
  • Ethics
    • Life
    • Liberty
    • Family
  • Faith
    • Apologetics
    • Religions
    • Evangelism
    • Missions
    • Bible Study & Devotion
  • E-Edition

More results...

A federal court gets one right for Missouri

July 30, 2009 By The Pathway

A federal court gets one right for Missouri

It is encouraging to finally have a federal court dispense a common sense judgment based on law rather than empathy or liberal ideology.

On July 16 the U.S. Eighth Circuit Court of Appeals in St. Louis ruled in favor of a southeastern Missouri school district by upholding its right to establish an open forum for distribution of materials – like the Bible – on school properties. The Eighth Circuit reversed a lower U.S. District Court’s ruling and held that the South Iron R-1 School District’s new policy should not have been declared unconstitutional by the lower court judge. The Eighth Circuit’s ruling means that school districts may allow secular and religious material to be distributed on school property by any group.

The ruling likely ends a legal battle that began in September 2006 when the American Civil Liberties Union (ACLU) discovered that the South Iron School District was allowing the Gideons to provide free Bibles to fifth grade students. Federal District Judge Catherine Perry issued an order prohibiting the distribution of any Bible, which she derisively described as an “instrument of religion.” The school district then adopted a written equal access policy that treats the distribution of secular and religious literature outside of class on an equal basis. Outside groups may apply to distribute literature from stationary tables in two designated locations, and literature cannot be distributed in the classroom.

Perry also ruled the school district’s equal access policy unconstitutional, saying that under the policy, the Bible could still be distributed. The ruling presented a novel (an unconstitutional) theory that a private third party (like the ACLU) must have the opportunity to veto the distribution request of the private applicant. The veto power, the judge wrote, must be provided to veto religious, but not secular, literature.

The Eighth Circuit reversed Perry, upholding the school district’s new equal access policy. The Eighth Circuit rejected Perry’s ruling because it would have precluded the school “from ever creating a limited public forum in which religious materials may be distributed in a constitutionally neutral manner.” The Appeals Court stated that “school officials must remain free to experiment in good faith with new policies to accommodate the tensions between educational objectives, … private rights under the Free Exercise Clause, and … the Establishment Clause … (of the First Amendment to the U.S. Constitution).”

“We are pleased that the new equal access policy can finally go into effect,” said Mat Staver, founder of Liberty Counsel and dean of Liberty University Law School in Lynchburg, Va., who argued the case in behalf of the school district. “The Bible cannot be singled out for special penalties like contraband. The Founders never envisioned open hostility toward religious viewpoints.”

It is not known if the ACLU intends to appeal to the U.S. Supreme Court.

The Eighth Circuit’s decision is a great ruling for public schools and religious organizations because it strikes a balance by ensuring that public schools remain focused on educating students while at the same time allowing the free flow of information – even those from a religious viewpoint. School districts throughout Missouri would do well to copy the equal access policy adopted by the South Iron School District. For Christians, and Missouri Southern Baptists in particular, who oppose coercion when it comes to evangelistic efforts and religious beliefs, also believe that religion should be free to be expressed in the secular realm. We ask for no special treatment, only that our nation remain open and friendly to religion. The Eighth Circuit has given us a fair and level playing field. For that we are grateful.

 

Comments

Featured Videos

Lick Creek Fellowship - A Story of Cooperation

A declining rural church faced closure after years of dwindling attendance and aging members. But after the doors closed, a small group stepped in to build something fresh from its legacy. Watch this video to hear this story of cooperation and new life.

Find More Videos

Trending

  • MBC names Rob Pochek to lead prayer and evangelism ministries

  • HLGU asks U.S. Department of Education for protection from unconstitutional mandate 

  • HLGU President: ‘Why I’m asking the Department of Education to protect religious liberty at Christian universities’

  • Rescued: Friends, family of freed missionary ‘filled with praise to God’

  • Raytown church finds new chance for life

  • Pianist, age 99, makes music at MBC church for 85 years

Ethics

HLGU asks U.S. Department of Education for protection from unconstitutional mandate 

Hannibal-LaGrange University

Hannibal-LaGrange University (HLGU), affiliated with the Missouri Baptist Convention (MBC) since 1857, has formally requested a religious accommodation from the U.S. Department of Education from a Biden-era regulation, 34 CFR §668.14. Without timely action by the Department, the university intends to file a lawsuit seeking relief to safeguard its religious freedoms.

Legislative actions aim to protect unborn lives

Timothy Faber

More Ethics Stories

Missouri

HLGU’s Freedom on the Inside program to celebrate first class of graduates

Hannibal-LaGrange University

Hannibal-LaGrange University’s (HLGU) President and trustees, along with the Director of the Freedom on the Inside program, are pleased to announce the program’s first ever graduation ceremony. This unique program allows incarcerated individuals to earn a fully accredited Bachelor of Science in Biblical Studies. The graduation ceremony will be held on May 15 in the Jefferson City Correctional Center.

Copyright © 2025 · The Pathway