Liberty Counsel: Duval policy canceling school events held at churches is ‘discriminatory’
JACKSONVILLE, Fla. (FLV) – Liberty Counsel sent a “demand” letter to Duval County Public Schools, claiming the district’s “discriminatory and unconstitutional” policy is “forcing” schools to cancel their graduations held at church facilities.
According to the letter, Liberty Counsel was contacted by “several concerned citizens” regarding an email citing DCPS’ policy to prohibit the use of churches or other religious facilities for any DCPS event.
Liberty Counsel said several schools, including Chets Creek Elementary School, Hendricks Avenue Elementary School and Holiday Hill Elementary School, have been “forced to suddenly” cancel their school graduations at Chets Creek Church, Southside United Methodist Church and Holiday Hill Church this year.
Liberty Counsel is a national non-profit litigation, education and public policy organization with an emphasis on First Amendment religious liberty issues.
Florida’s Voice reached out to Duval County Public Schools about the email. Here is their response:
“Churches have generously allowed us to use facilities in the past as part of their partnerships with schools, and we greatly appreciate the support of our faith-based partners. It came to our attention recently that some families’ religious beliefs would prevent them from participating in a school sponsored event held in a religious facility,” a spokesperson for the district said.
The spokesperson said they researched the issue “legally” and concluded that religious facilities “should not be used” for official school functions.
“However, student groups and parent groups, such as PTAs and PTSAs, would not be restricted from using religious facilities,” they said.
“We still very much value our faith-based partners and the work they do in our schools to support teachers and students in other ways. “
Liberty Counsel included an email that DCPS Executive Director Brian McDuffie reportedly sent to all DCPS principals on May 12. The email advised that it is the policy of the district that “schools should not use religious facilities for DCPS events.”
Liberty Counsel said the policy announcement “jeopardizes” long-standing community partnerships between faith-based organizations and schools that “directly benefit” DCPS students and staff.
“This DCPS policy is overly restrictive and out of line with binding Supreme Court precedent,” Liberty Counsel said in the letter.
In DCPS’ policy announcement, according to Liberty Counsel, they advised schools should not use religious facilities for DCPS events to avoid violating the Establishment Clause of the First Amendment to the U.S. Constitution.
Liberty Counsel analyzed the current laws and asked DCPS to “align its policies” with current law and discard its “unnecessarily restrictive policy based on outdated precedent.”
