HENDERSON, Nev. — After being contacted by attorneys for The Rutherford Institute, school officials at John Dooley Elementary School in Henderson, Nev., have agreed to display a second grader’s poster containing religious messages in keeping with the student’s First and Fourteenth Amendment rights. Officials had initially refused to display the student’s “I Love Jesus/ Church Is Great” poster, citing the concern that displaying schoolwork containing religious themes or messages would violate the Establishment Clause.
“We are pleased that Dooley Elementary School officials have agreed to respect the First Amendment rights of this second grader,” said John W. Whitehead, president of The Rutherford Institute. “After all, any reasonable person understands that a display of this second grader’s artwork constitutes her private expression and not that of the school.”
The parents of a second grader at John Dooley Elementary School in Henderson, Nev., contacted The Rutherford Institute after school officials refused to display their daughter’s artwork in the lunch room alongside posters created by other students in the after-school program. The student’s poster contained the phrases “I Love Jesus,” “Church Is Great” and “The Bible Is Great.” In a meeting with the student’s mother, school officials stated their belief that while the second grader was entitled to use religious themes in her school work, displaying student work with religious themes would violate the Establishment Clause.
In asking school officials to reverse their decision, Institute attorneys pointed out that the school’s refusal to display the religious poster constituted viewpoint discrimination in violation of the First Amendment. Institute attorneys also voiced the concern that the school’s refusal to display the second grader’s “I Love Jesus” poster when her classmates’ work is displayed would send the message that the work is unworthy and inferior and would constitute “official disapproval of the subject of religion that is of great important to her.” In response, school officials agreed to display the second grader’s “I Love Jesus” poster, as well as any subsequent work she might create.
The Rutherford Institute is a nonprofit organization headquartered in Charlottesville, Va., dedicated to providing free legal assistance to persons and organizations whose civil liberties are threatened or have been violated.
Nisha Mohammed is the Director of Communications for The Rutherford Institute.