Goodwin v. Cross County School District No. 7, H 72-C-25.
| Decision Date | 11 September 1973 |
| Docket Number | No. H 72-C-25.,H 72-C-25. |
| Citation | 394 F. Supp. 417 |
| Parties | Dorothy L. GOODWIN, Individually and as Next Friend of Bryan C. Goodwin, et al., Plaintiffs, v. CROSS COUNTY SCHOOL DISTRICT NO. 7 et al., Defendants. |
| Court | U.S. District Court — Eastern District of Arkansas |
Morton Gitelman, Fayetteville, Ark., Theodore L. Lamb, Little Rock, Ark., for plaintiffs.
Eugene R. Warren, Warren & Bullion, Little Rock, Ark., Shaver & Shaver, Wynne, Ark., for defendants.
By this action the plaintiffs seek to restrain the defendants from permitting, authorizing and condoning sectarian religious practices at and within the Cross County School District No. 7, Cross County, Arkansas. The plaintiffs invoke the jurisdiction of this Court pursuant to the First and Fourteenth Amendments to the Constitution of the United States; 28 U.S.C.A. § 1343; and 42 U.S.C.A. § 1983.
The plaintiffs seek relief by way of declaratory judgment as provided by 28 U.S.C.A. §§ 2201 and 2202, in declaring the rights, privileges and immunities, together with the legal relations of the parties subject to the controversy, in that the policy, custom, usage, and practice of defendants permitting sectarian religious practices in the schools under and within their control is in violation of their constitutional rights and should be declared void.
The plaintiffs are citizens of the United States of America and the State of Arkansas and are residents of Cross County, Arkansas. The plaintiff, Dorothy L. Goodwin, is the mother of plaintiffs, Bryan C. Goodwin, Kimberly N. Goodwin, and Rena R. Goodwin, minors duly enrolled in the schools under and within the control of Cross County School District No. 7.
The defendant, Cross County School District No. 7, is a duly authorized and acting School District under the laws of the State of Arkansas and engaged in providing education of students who reside within the District through the facilities and with personnel of the School District in accordance with the laws of the State with the aid of public funds derived from taxes assessed and collected within the District, the County and the State of Arkansas. The individual defendants are residents of the United States of America and the State of Arkansas and residents of Cross County, Arkansas. The defendants, D. H. Vaught, Harold Rowland, Carl Lace, Merle Goodart, Jerry Lovrien and Norman Halk, are members of the Board of Directors of Cross County School District No. 7, duly elected and serving pursuant to the laws of the State of Arkansas. The defendant, G. Cooper, is Superintendent of Schools, and in this capacity is duly elected by the School Board to supervise the operation, maintenance, and actions of the School District in providing education for the students eligible to attend the District's public schools.
(2) In some instances the teacher requires the children to commit to memory a prayer that they recite each day before lunch, and in some cases the children read from the Bible each day as part of the opening routine, and
(3) The Gideon Society, a sectarian organization, is regularly invited into the schools for the purpose of distributing a sectarian religious book, generally referred to as the Gideon Bible and representatives of the organization are permitted to give illustrated talks to the children on their Bible and its worldwide distribution.
As a part of the defendant School District's program, each school day is commenced by a member of the Student Council reading the Lord's Prayer and a selected Bible verse over the school's intercom system. In some instances, the teacher leads the class in prayer.
The plaintiffs further contend that the School Board, through its agents and employees, authorize and condone sectarian religious baccalaureate programs on the school premises in conjunction with commencement exercises.
The plaintiffs have exhausted all available administrative remedies in connection with the practices alleged herein and have no plain, adequate, nor complete remedy to redress the wrongs and illegal acts complained of other than through this method for a declaration of rights that the practices complained of are offensive to the religious beliefs of the plaintiffs and thus prohibits the free exercise of their religion in contravention of their constitutional rights.
The plaintiffs allege that the defendants have established and are maintaining, under color of the laws of the State of Arkansas, a policy, custom and usage, contrary to the First Amendment of the Constitution of the United States, as made applicable by the Fourteenth Amendment to the Constitution of the United States.
The defendants have responded to the allegations of the plaintiffs in which the jurisdiction of this Court and the residence and citizenship of the parties are admitted. The defendants deny generally other allegations of the plaintiffs' Complaint.
The defendants contend that the School Board has developed and approved written policies concerning teacher and pupil relationships which include that the teacher shall avoid religious and political indoctrination of pupils. Further, it is contended, by the School Board, that the School District maintains a policy to the effect that no action will be taken which would either require or prohibit religious activities on the part of the pupils in their District.
Further, the defendants admit that ministers of the various churches are occasionally invited to their schools to address the students. This is authorized and permitted, as part of the School Board policy, to involve the entire community in the Cross County School System. This policy, they contend, includes persons invited who are engaged in other vocations and professions, all forming the local business community.
The defendants further admit that, in some cases, children are permitted to select passages from the Bible and to read them, but without comment or religious explanation.
The defendants also admit that representatives of the Gideon Society have been permitted to visit the schools and to distribute their Bible to those students who wished it. Also, the defendants admit that members of the Gideon Society have been permitted to present talks to the students of the school. However, this is permitted by the school in order for the Gideon Society to explain the purpose and work of the Society to the students.
The defendants further admit that each day prior to the beginning of classes a member of the Student Council is permitted to read, over the intercom system of the High School, a selected Bible verse, selected by the committee of the Student Council without any advice or assistance of the faculty or administration of the school and, also, permit the presentation of the Lord's Prayer.
It is also admitted by the defendants that it is a custom and practice of the School District to include, as a part of the graduation exercises of the senior class, a baccalaureate service sponsored by the class. It is contended, by the District, that there is no regulation by the school requiring attendance and no threats or inducements are made for such attendance.
After joining of the issues in the case as referred to herein, the plaintiffs filed a Motion for judgment on the pleadings, or summary judgment, pursuant to the rules. The Motion is supported by a brief filed by counsel on the part of the plaintiffs.
The defendants have filed a response to the Motion for judgment on the pleadings, or summary judgment, contending that the action contains highly controversial questions of fact. In resisting the plaintiffs' Motion, the defendants filed memorandum brief in support of their contention.
Pursuant to a regular scheduled hearing, counsel for the parties agreed they would enter into a stipulation of the facts and submit the case on stipulation and briefs. Subsequently, a stipulation was entered into by counsel and filed December 18, 1972.
As provided in the stipulation, there are four basic issues for the Court's determination, which are:
(3) The distribution of Gideon Bibles at Cherry Valley Elementary School, and
(4) School Board Policies on religious practices.
With reference to the first question, Bible reading and prayers permitted at the Cross County High School, it is stipulated as follows:
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