The ACLU Foundation of Southern California today filed a federal lawsuit challenging the posting of the Ten Commandments on the walls of school offices in the Val Verde School District. Along with the law firm of Morrison and Foerster, the ACLU has brought this suit on behalf of two families whose children attend school in Val Verde. The Supreme Court held in Stone v.Graham (1980) that the posting of the Ten Commandments on public school property violates the religious freedoms of students guaranteed by the First Amendment of the U.S. Constitution.

David McDowell, an attorney at Morrison and Foerster, said, "It is stunning that the Val Verde school board officials feel that they can choose which court decisions to follow. Those responsible for educating our children should be teaching them that it is the rule of law that governs in this nation."

"The Constitution permits a public school to integrate the Bible into the curriculum in an objective manner as part of a discussion of the history of religion or ethical and moral values," said Michael Small, the chief counsel of the ACLU of Southern California. "That is not what is going on here. Rather, the Val Verde School District is seeking to indoctrinate children behind schoolhouse walls, and to force them to subscribe to particular religious tenets. That is clearly forbidden by the Constitution."

A number of parents who object to the school board's action have voiced their concerns to the Mexican Political Association. MPA President Victoria Baca said, "It is unfortunate that the school board has decided to waste time, energy, and taxpayer dollars on an action they know is illegal. The families of Val Verde would be better served if the school board truly sought to address the educational needs of its students." The Val Verde School District serves several communities in Riverside County.

The ACLU and Morrison and Foerster are representing parents Rigoberto and Odelia Roman, and Juanita Franco. ACLU's Small added, 'These parents believe in God and attend church regularly with their children. But they believe a public school is not the place to promote religion to impressionable students.

This suit seeks to guarantee that choices about religion are made by parents in their homes and their houses of worship, not by school board officials.' Along with their complaint, the ACLU and Morrison and Foerster sent a letter warning the school board that the plaintiffs would ask a court to issue a temporary restraining order blocking the posting of the Ten Commandments if the school board does not rescind its policy at its next meeting, which is scheduled forNovember 22.

The decision this week by the Val Verde school board to ignore the U.S. Constitution and post copies of the Ten Commandments on school house walls is deeply troubling. The Supreme Court has said that such action violates the religious freedom guarantees of the First Amendment. Nevertheless, the school board has proclaimed that it is free to disregard the law of the land. Educators should teach our children that, in this country, it is the rule of law that governs, not the whims of administrators and bureaucrats.

Val Verde's action serves no educational purpose. It is about religious indoctrination, pure and simple. It is not about integrating the Bible, including the Ten Commandments, into the curriculum in an objective manner as part of a discussion on the history of religion, comparative religion, or ethical values - a practice the Supreme Court allows.

Make no mistake about it -- the school board will be sued, and it will lose. But the real losers here are the students in Val Verde. The taxpayer funds that the school board will waste in lawsuits could be used for textbooks, computers, and other instructional materials. Unfortunately, the school board has placed the politics of symbolism over the educational needs of its students and decided to divide them along religious lines.

The ACLU of Southern California today announced that it would pursue legal action against the Board of Education of the Orange Unified School District if it refuses to allow a Gay-Straight Alliance Club at El Modena High School.

"Failure of the board to permit the proposed club to form and meet like other non-curriculum clubs at El Modena would have serious legal consequences," said Michael Small, the ACLU's chief counsel. "It is laudable that students are seeking to come together to start a critically important dialogue on tolerance and understanding of issues related to sexual orientation. Indeed, it is just that sort of conversation that public school officials should be fostering. Instead of encouraging that discussion, however, the school board seems intent on stifling it."

By denying the formation of the Gay Straight Alliance, the board would violate the freedoms of expression and association that are guaranteed by the First Amendment of the United States Constitution and by parallel articles in the California Constitution. The board's action could also have a significant impact on the district's eligibility for federal education funds under a statute that prohibits public schools from discriminating against student clubs on the basis of a club's philosophical or political viewpoint.

"We understand the board will vote on this issue on November 18," added Small. "Should the board fail to vote to allow the club to form and meet, it can be sure that swift and severe legal consequences will follow."