Group vows to take school-mural dispute to Supreme Court

By The Associated Press

01.17.02

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Kenosha, Wis. — The Liberty Counsel says it will appeal a decision dismissing a lawsuit that accuses local school officials of violating the First Amendment rights of members of a student Bible club.

The nonprofit group based in Orlando, Fla., which provides legal services in religious-rights matters, said it would take the case to the U.S. Supreme Court. A three-judge panel of the 7th U.S. Circuit Court of Appeals ruled on the case Dec. 14.

"It's not over yet," said Mathew Staver of Liberty Counsel.

"My reaction is that there are school board policies that have been promulgated by the U.S. Department of Education, and the problem is either school personnel are ignorant or just simply don't care to adopt good policies, and therefore engage in constitutional violations."

The appeals court ruling sided with the Kenosha Unified School District's decision not to allow a cross to be painted on a mural at Tremper High School promoting Trojans Loving Christ, a student Bible club, in spring 1998.

Club members Sharon Gernetzke and Joseph Bezotte, with the help of Liberty Counsel, filed a suit contending that the district violated their rights under the First Amendment and the 1990 Equal Access Act.

"The judges confirmed that the action that the district took was reasonable," Tremper Principal Chester Pulaski said Jan. 14.

Interim Superintendent Joseph Hentges said the court clearly saw "a frivolous lawsuit," and based on the opinion of the judges, "there's no doubt in my mind that it was."

"It's an increasing challenge for schools to balance the right and the value of religious (student) groups being involved with schools as well as the concern that government not be seen as endorsing religious clubs," Hentges said.

In the past, Hentges said, public schools might have overreacted to stop the use of religious content.

"That is not the case today. Clearly a student Bible club was encouraged and had been given permission to meet in school and had access to school systems," he said. "The issue here is that, in fact, the club also had the opportunity and was allowed to participate in the drawing of a school mural. The only thing refused to the club was the actual symbol of the cross."

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Superintendent says student Bible club has been treated fairly, supported by school officials.  02.04.00