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THE RUTHERFORD INSTITUTE
Dedicated to the Defense of Civil Liberties and Human Rights
May 18, 2004
Contact: Nisha N. Mohammed, phone 434-978-3888 ext. 604
pager: 800-946-4646,Pin #: 1478257
e-mail:
nisha@rutherford.org
Rutherford Institute Attorneys File Appeal Brief In Defense of Christian Motivational Speaker’s Right to Free Exercise of Religion
Montana School Board Withdrew Invitation to Address Students, Citing Speaker’s Christian Faith, Association with Dawson McAllister Christian Ministry
SAN FRANCISCO
—Attorneys for The Rutherford Institute have filed an appeal in the U.S. Court of Appeals for
the Ninth Circuit on behalf of Jaroy Carpenter, a motivational speaker whose
invitation to address an assembly of middle school students in Dillon, Mont.,
on secular topics was rescinded by school board members because he is a
Christian and affiliated with an evangelical Christian ministry. Institute
attorneys argue that the school’s fears about violating the so-called
separation of church and state are unsubstantiated and due to a distrust of religious
persons and a misinterpretation of the First Amendment’s Establishment
Clause. Institute attorneys are asking the Ninth Circuit to reverse the
district court’s ruling in favor of the school district’s motion to
dismiss the case, allowing the case to move toward a trial.
“Religious persons, like all others, have the right not to be
discriminated against because of their beliefs or associations,” stated
John W. Whitehead, president of The Rutherford Institute. “After all, the
right to free speech is guaranteed to all Americans by the First Amendment to
the U.S. Constitution.”
As part of an effort to help students cope with a string of teen suicides and
automobile deaths, concerned Dillon residents approached the Dawson McAllister
Association for advice on how to reach out to local youth. McAllister, a
nationally recognized youth speaker who hosts a Christian radio program and
conducts Christian youth rallies across the country, suggested that local
middle schools and high schools stage a three-day, citywide youth rally as well
as nonreligious school assemblies focusing on respect for self and others,
responsibility and making the right choices. DMA recommended that motivational
speaker Jaroy Carpenter, a former public school teacher who presents nonreligious
speeches in public schools across the country, be invited to address the
students. Carpenter gives secular presentations at high schools and middle
schools, as well as religious presentations at Christian youth rallies,
retreats and campus ministry functions. After reviewing the proposal for a
secular in-school assembly, the school board of School District #10 invited
Carpenter to present a strictly secular speech to students at Dillon Middle School
on Oct. 9, 2002. However, because of concerns by school board members and their
counsel that Carpenter’s Christian faith and affiliation with DMA might
put the school at risk of violating the so-called separation of church and
state, the school board rescinded its invitation.
Even though Carpenter has made more than 200 secular presentations at school
assemblies around the country and has never addressed religion or sought to
proselytize those in attendance, school board members stated that they could
not risk the possibility that Carpenter would address religious matters during
his speech and subject the district to a lawsuit. Many other area schools that
had agreed to hold these assemblies rescinded their offers as well.
The Rutherford Institute is an
international, nonprofit civil liberties organization committed to defending
constitutional and human rights.
The Rutherford Institute
1440 Sachem Place, Charlottesville, VA 22906-7482
Phone 434-978-3888/Fax 434-978-1789
website: www.rutherford.org
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