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Court: Church program at school should end

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A church-owned religious education program held on school grounds in Huntington County should be terminated because it violates the Establishment Clause of the First Amendment, a federal magistrate has ruled.

In a 31-page order issued Tuesday, U.S. District Magistrate Roger Cosbey in the Northern District of Indiana's Fort Wayne division recommended granting a preliminary injunction in H.S. v. Huntington County Community School Corp., 1:08-CV-271.

The American Civil Liberties Union of Indiana filed the suit in November on behalf of a third-grader's mom, who challenged the district's voluntary religious release-time education program known as "By the Book." Run by Associated Churches of Huntington County, the program uses modular trailers that are parked on elementary school property but plugged into city utilities. The suit alleged that program violated the U.S. Constitution by allowing religious instruction on school property, even if students weren't required to participate. Court records note that about 97 percent of third- and fourth-graders take part with parental consent.

Magistrate Cosbey held a hearing in mid-January to consider whether the program should be temporarily shut down in its current incarnation. School officials moved to dismiss the suit, but Magistrate Cosbey has denied that request and found the plaintiff would likely succeed on the merits in the case.

In his ruling, the magistrate wrote the question in this case boils down to whether religious instruction to elementary students on public school property during the school day, in a church-owned mobile classroom, violates the Establishment Clause.

Along with a string of caselaw, Magistrate Cosbey cited the "overarching principle" articulated by the U.S. Supreme Court in People of State of Ill. ex rel. McCollum v. Bd. Of Educ. Of Sch. Dist. No. 71, Champaign County, Ill., 333 U.S. 203 (1948), which stated "the use of tax-supported property for religious instruction" and the "utilization of the tax-established and tax-supported public school system to aid religious groups to spread their faith" makes the program unconstitutional.

Magistrate Cosbey wrote that the school district faces minimal harm if the preliminary injunction is granted, while the plaintiff faced irreparable harm with continued violation of her First Amendment rights. Any inconvenience caused to Associated Churches of Huntington County by the preliminary injunction does not outweigh any harm caused by the constitutional violation, he wrote.

The school system has 10 days to file written objections to the magistrate's recommendation, and if that happens the plaintiff would then have an additional 10 days to respond to that. Senior Judge James Moody in the Hammond division will make the final ruling on the case.

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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