First Liberty Institute is representing Elijah Nelson, an eighth grader in the Waterville Central School District. The school district, located in rural upstate New York, is home to approximately 750 students in grades K-12.
Editor's Note: Under threat of a lawsuit, Waterville school board members passed a resolution at their Dec. 10 school board meeting to establish a Bible study club.
According to First Liberty, Nelson’s request dates back two years. His request was originally denied, then he was allowed to meet informally during lunch. The student was told that officially recognizing a faith-based club would violate a 1984 federal law, the Equal Access Act.
Not only is that not true, First Liberty argues, it is quite literally the opposite of what the law states.
Keisha Russell, senior counsel at First Liberty, tells AFN the school district has been informed via letter the federal law requires Waterville to officially recognize a Bible club just as it recognizes secular clubs.
“Because you have other extracurricular clubs, the Free Exercise Clause of the First Amendment demands that the government is neutral towards religion,” Russell, citing the letter’s legal warning, says. “So you cannot single out religion for disfavored treatment."
The school website for Waterville’s junior high\high school lists 22 student clubs, including an art club, a drama club, Future Farmers of America, a ski club, and an outdoors club.
Asked about any response to the letter, Russell says First Liberty is awaiting discussion and action at a regularly scheduled school board meeting. That monthly meeting was set for December 10 but it's unclear from the board's online agenda if the school board discussed Nelson's request and the First Liberty letter.
If the school board votes to deny recognizing Nelson’s faith-based club, Russell says First Liberty will file suit “to ensure that Elijah is able to exercise his First Amendment rights without any restrictions."
First Liberty is working alongside attorneys from law firm Jones Day to represent Nelson.
