A federal district court has ordered that a California school district must grant a Christian children’s club equal access to school facilities, arguing that the denial of that access violates the club’s free speech rights.
The Oakland Unified School District (OUSD) will be required to provide “equal access to available spaces and benefits” to the group Child Evangelism Fellowship of NorCal, District Judge Haywood Gilliam Jr. said in an Aug. 15 ruling.
The court order found that the school district apparently engaged in “viewpoint discrimination” in violation of the U.S. Constitution when it barred the group from after-school use of campus facilities.
The district had argued that the Christian group did not meet the administrative requirements to be allowed access to school space and that allowing the group on campus could constitute a violation of the Constitution’s establishment clause, which forbids government favoring of religion.
The school district’s arguments were “remarkably short on caselaw,” Gilliam noted, while court precedent “clearly favor[s]” the Christian group’s position.
The court order said the district was forbidden from enforcing rules “in any manner that denies [the Christian group] access to OUSD facilities on an equal basis to the access provided to similarly situated nonprofit organizations.”
The evangelical organization was represented in its bid by the legal group Liberty Counsel. Group founder Mat Staver described the decision as a “great victory.”
“Child Evangelism Fellowship gives children a biblically-based education that includes moral and character development,” he said. “Good News Clubs should be in every public elementary school.”
Gilliam in his order directed the school district and the Christian group to present a jointly-agreed-upon plan to implement the ruling by Sept. 16.
The judge said the court would determine “what if any additional language is needed” to ensure the ruling is carried out.
