2 days ago
Judge tosses lawsuit filed by Ryan Walters against Freedom From Religion Foundation
A federal judge has dismissed a lawsuit filed by state schools Superintendent Ryan Walters against the Freedom From Religion Foundation, a group with which he's had multiple public disagreements.
U.S. District Judge John F. Heil III in Muskogee issued his ruling on Wednesday, Aug. 13, saying Walters and the taxpayer-funded agency he leads, the Oklahoma State Department of Education, had failed to demonstrate standing to file the lawsuit. Heil also found the court lacked jurisdiction. The case was dismissed without prejudice, meaning it could be refiled.
In the lawsuit, filed March 31, Walters complained about the foundation sending letters to two Oklahoma school districts concerning public prayer being held in one, Achille Public Schools, and the hiring of an athletic team chaplain in another, Putnam City Schools. The foundation believed those situations to be unconstitutional. Walters, who has pushed to include the teaching of the Bible in Oklahoma classrooms, disagreed.
Heil said the lawsuit 'does not allege that (the agency) has stopped executing its duties or ceased administration of Oklahoma's public schools because of defendant's letters. Nor does the complaint allege that the schools have ceased any policies or practices because of defendant's letters. For these reasons, the court finds that plaintiffs have failed to show an injury in fact,' Heil wrote.
He added: 'Plaintiffs' generalized statement of injury is nothing more than conjecture.'
The Madison, Wisconsin-based Freedom From Religion Foundation called Heil's ruling 'a win for freedom of speech.' Annie Laurie Gaylor, the co-president of the foundation, said it would 'continue to work to protect the constitutional rights of students and families in Oklahoma.'
Megan Lambert, the legal director at the American Civil Liberties Union of Oklahoma, which helped represent the foundation in the lawsuit, said the decision underscores the right to speak out for change.
'The right to dissent is now more important than ever, and we remain committed to ensuring that people can continue to advocate for better governance and equity in Oklahoma public schools," Lambert said. "The Oklahoma State Department of Education is without the power to silence dissent.'
Walters responded to a request to comment on Heil's ruling Thursday, Aug. 14, by issuing a statement reiterating his support for Christian values.
'For years and, at the behest of Democrats, Christianity is under attack in America,' Walters said. 'And during this all out assault on Christian values, all we hear from the Left is applause. There will NEVER be a day where I allow these values to be trampled on in Oklahoma.'
In a letter to Achille Superintendent Rick Beene dated Dec. 17, the foundation said it had learned from a complainant that their child's history teacher 'now begins class by picking a Bible verse for the day and asking a student to read the verse to the class' and that the district 'has a custom and practice of beginning each school day with 'mandatory student-led prayer' over the schools' intercom system.'
Achille, located in Bryan County in southeastern Oklahoma, has about 300 students in its district.
An attachment to the lawsuit included a February 2018 letter sent from the foundation to the Putnam City district concerning the football team chaplain, but the lawsuit did not ask for any relief regarding that letter.
Walters' suit claimed the foundation's letters had interfered with 'Superintendent Walters's and OSDE's statutory duty to oversee Oklahoma's public schools and their duty to implement curricular standards, investigate any complaints levied against an Oklahoma school and advocate for its students and parents.'
Walters and the Freedom from Religion Foundation have clashed before, over issues including prayer over the school intercom at a Prague school and a Bible-verse-themed poster inside a Putnam City middle school. The foundation has cited the long-standing court precedent establishing a separation between church and state.
This article has been updated because a previous version had an inaccuracy.
This article originally appeared on Oklahoman: Judge tosses suit filed by Ryan Walters over letters sent to schools
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