NY school district reverses course, allows constitutionally protected student Bible club

New York state’s Waterville Central School District has changed its mind on religious liberty, and will now allow one of its students to start a school Bible club.

As The Lion reported, the district had initially denied the request of 8th-grader Elijah Nelson, the son of a local pastor, even though it allowed over 20 other clubs in its schools, including a “Gay Straight Alliance.”

Over the past two years, Nelson sought permission from the district to start a Bible club to help connect Christian students. The district repeatedly denied his request, claiming the federal Equal Access Act of 1984 prevented the establishment of religious clubs. 

While the district offered to allow Nelson’s proposed club to meet unofficially during the school lunch hour or after school hours, Nelson said such unofficial status would hamper the club’s effectiveness with students. 

“I didn’t feel too happy because without being official, the school won’t be able to announce club meetings,” Nelson pointed out. “And that will make it harder to reach out to more people and read the Bible with others.” 

Ultimately, the First Amendment legal advocacy group First Liberty Institute stepped into the conflict to represent Nelson, sending a five-page letter to the district explaining the student had met all of the legal requirements for starting a club at the school, which included describing the proposed club’s mission, goals, and activities, how often it would meet, and laying out fundraising projects the club would pursue. Additionally, Nelson included the required signatures of students interested in being a part of the club, along with an obligatory meeting with the principal to review the proposal. 

The First Liberty letter explained that the district’s denial of the club based on its religious purposes actually violates the Equal Access Act of 1984, noting that the federal statute states: “It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings,” as reported by Decision magazine.

The letter also pointed out that the district had violated the Free Exercise and Free Speech clauses of the U.S. Constitution’s First Amendment in its refusal of the Bible club. 

“The Free Exercise Clause provides robust protection for religious students seeking to express their faith through extracurricular clubs,” explained Keisha Russell, senior counsel with First Liberty. “The school’s actions are unconstitutional, and their justification is legally flawed. The Supreme Court has made clear that the Free Exercise Clause protects religious practices by both students and employees in public school settings.” 

The bottom line, argued First Liberty, is that if the school district allows any student clubs official school status, it cannot deny a religious student club.  

“Federal law and Supreme Court precedent make clear that school districts must provide the same support for a Bible club as all non-curricular clubs,” explained First Liberty in a press release. 

In early December the district announced that it had reversed its earlier decision and would allow Nelson to move ahead with his student-led Bible club to meet as a school-sponsored activity. 

“In line with district policy, the Board of Education, by resolution, will formally establish the Bible Study Club,” Waterville Central School District Superintendent Jennifer Spring said in an official statement. 

“We are grateful that the school district now recognizes the constitutional right of this club to meet with equal funding, support, and recognition afforded to all other clubs,” said Russell of the victory for Nelson. “Schools should always respect the religious beliefs of their students. This is a victory for students of all faiths and a reminder that all people have a constitutional right to express their religious beliefs, pray, and study the Bible even in a public school setting.” 

Nelson said he is thrilled with the decision that allows him to move ahead with the school-sponsored club. “I’m excited about starting the Bible club with all those interested in studying and learning.”