West Virginia school district files motion to dismiss 'Bible in the Schools' lawsuit

A West Virginia school district has filed a motion to dismiss a lawsuit that seeks to end its "Bible in the Schools" program, which has been in place in county schools since 1939.

The lawsuit was filed in January by the Wisconsin-based group Freedom From Religion Foundation (FRFF) against the Mercer County Board of Education, Mercer County Schools and Superintendent Dr. Deborah Akers, Bluefield Daily Telegraph reported.

The FRFF alleged in the lawsuit that the program "endorses one religion, improperly entangles public schools in religious affairs, and violates the personal consciences of nonreligious and non-Christian parents and students."

The group filed the suit on behalf of an unnamed parent, who was referred to in the lawsuit as "Jane Doe," who wants to raise her child without religion.

A first amended complaint (FAC) was filed on March 28 to add another plaintiff, Elizabeth Deal, whose daughter attended Mercer County schools from 2012 to 2016 before transferring to Virginia schools.

Both parents were concerned that their children risked facing ostracism if they do not attend the optional Bible classes.

The FFRF contended in its lawsuit that the Bible lessons were taught like a "Sunday school" class rather than a secular class.

The FAC points to lesson I as an example, which "prepares students for the type of moral teachings they will be receiving throughout the rest of their Bible lessons ... instructs students to listen to the directions and warnings that are given in the Bible and to follow them in their own lives."

The program is administered by the Mercer County School Board, but it is funded by private donations. Parents and community members donate nearly $500,000 each year to pay for the program.

The board's motion contended that the FFRF added Deal as a plaintiff because Doe's child was not eligible to attend the classes when the lawsuit was filed.

David Dorey, an attorney for O'Melveny & Myers, which represents the school board, said that one of the key legal points is that the suit seeks to put an end to the program altogether.

The motion filed by the school board stated that the lawsuit is an attack on the constitutional right to offer optional Bible classes in public schools.

"The Constitution does not prohibit schools from teaching about religion or from using materials that have a religious basis," the motion stated.

"The Bible may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like," it added.