MORTON, IL -- The Morton 709 School Board had a rare treat at its Feb. 20 meeting -- the reading of a letter aloud, by citizens, during comments, to place it in the public record.
It was not discussed by the board but it already may have had an impact -- no preacher showed up for a prayer.
Here's the letter:
February 16, 2024
SENT VIA EMAIL & U.S. MAIL: [email protected];
[email protected]
Superintendent Craig Smock
Morton CUSD 709
1050 S Fourth Ave #200
Morton, IL 61550
Tim Braker
Board President
Morton CUSD 709 Board of Education
1050 S Fourth Ave #200
Morton, IL 61550
Re: Multiple constitutional violations
Dear Superintendent Smock and President Baker:
I am writing on behalf of the Freedom From Religion Foundation (FFRF) regarding multiple
constitutional violations in Morton CUSD 709 (the District) and at Morton CUSD 709 Board of
Education meetings. FFRF is a national nonprofit organization with more than 40,000 members
across the country, including over 1,200 members and a local chapter in Illinois. Our purposes
are to protect the constitutional principle of separation between state and church, and to educate
the public on matters relating to nontheism.
A concerned Morton CUSD community member has contacted FFRF to report a significant
number of constitutional violations occurring within the District.
We write to demand that the District and Board immediately cease violating the First
Amendment out of respect for the Constitution and the rights of students and community
members. Public schools may not show favoritism towards or coerce belief or participation in
religion. Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290 (2000); Lee v. Weisman, 505 U.S. 577
(1992); Wallace v. Jaffree, 472 U.S. 38 (1985); Epperson v. Arkansas, 393 U.S. 97 (1967); Sch.
Dist. of Abington Twp. v. Schempp, 374 U.S. 203 (1963); Engel v. Vitale, 370 U.S. 421 (1962);
McCollum v Bd. of Ed., 333 U.S. 203 (1948).
Bible Study Promotion
It is our understanding that a Wednesday Bible Study is prominently advertised within the
elementary school, including a sign up table at the annual open house, and promotion in the
elementary school’s newsletter. It is also our information that one of the leaders is a current
school board member.
Students and their families have the First Amendment right to be free from religious
indoctrination in their public schools, including when participating in school-sponsored activities
like open houses or accessing official school communications. It is highly inappropriate for the
school to advertise a religious organization in such a way, much less allow a school board
member to utilize her influence to engage in unconstitutional religious promotion.
Principal Saunders
It is also understanding that Grundy Elementary School Principal Michael Saunders has
repeatedly abused his position in order to engage in unconstitutional and inappropriate religious
promotion. Alleged violations include:
1) The display of the Ten Commandments in his office. It is our information that
Superintendent Smock is aware of this, and agrees that it is inappropriate to display in a
public school setting, though we do not know if the display has yet been removed. Please
see attached.
Courts have continually held that school districts may not display religious messages or
iconography in public schools. See, e.g., Stone v. Graham, 449 U.S. 39 (1980) (ruling that
the Ten Commandments may not be displayed on classroom walls); Lee v. York County,
484 F.3d 689 (4th Cir. 2007) (ruling that a teacher may be barred from displaying
religious messages on classroom bulletin boards); Washegesic v. Bloomingdale Pub.
Schs., 33 F.3d 679 (6th Cir. 1994) (ruling that a painting of Jesus may not be displayed in
a public school).
2) Telling multiple students and families whom he perceives to be a part of the LGBTQIA+
community that being gay is a sin and that gay people are going to hell.
“It is beyond dispute that, at a minimum, the Constitution guarantees that government
may not coerce anyone to support or participate in religion or its exercise.” Lee v.
Weissman, at 587. When a school administrator tells certain students that they are going
to hell, that administrator violates students’ First Amendment rights. Mr. Saunders’
actions have undeniably crossed the constitutional line.
The District has an obligation to ensure that its employees are not using their positions to
indoctrinate students. Certainly, “a school can direct a teacher to ‘refrain from
expressions of religious viewpoints in the classroom and like settings.’” Helland v. S.
Bend Comm. Sch. Corp., 93 F.3d 327 (7th Cir. 1993) (quoting Bishop v. Arnov, 926 F.2d
1066, 1077 (11th Cir. 1991)). The Supreme Court has recognized that “[f]amilies entrust
public schools with the education of their children, but condition their trust on the
understanding that the classroom will not purposely be used to advance religious views
that may conflict with the private beliefs of the student and his or her family.” Edwards v.
Aguillard, 482 U.S. 578, 584 (1987). Parents have the Constitutional right to determine
their children’s religious or non religious upbringing. Here, Mr. Saunders has violated the
trust that our complainant and all other parents place in Morton CUSD 709’s teachers to
follow the Constitution and refrain from imposing their own religious beliefs on the
children they are responsible for.
3) Allowing Bible quotes to be used to bully kids perceived as non-christian or LGBTQ+
allies, and restricting students from wearing clothing that expresses pro-LGBTQIA+
messaging. This actively creates a hostile, anti-LGBTQIA+ environment for students, in
violation of their civil rights, and Morton CUSD 709’s own anti-bullying policy.1
Students may not be restricted from wearing clothing on the basis of an administrator’s
religious beliefs. It is also no defense to claim that the community is uncomfortable with
LGBTQIA+ identities. Community feelings do not give the government the right to
“prescribe what shall be orthodox in . . . religion, or other matters of opinion . . . .” W. V.
State Bd. of Educ. v. Barnette, 319 U.S. 624, 633–34 (1943) (Murphy, J., concurring).
“The very purpose of a Bill of Rights was to withdraw certain subjects from the
vicissitudes of political controversy, to place them beyond the reach of majorities and
officials and to establish them as legal principles to be applied by the courts.” Barnette,
319 U.S. at 638. Put another way, “fundamental rights may not be submitted to vote; they
depend on the outcome of no elections.” Id. The First Amendment does not permit public
schools to censor student expression just because that expression relates to a disfavored
minority group.
4) Giving a slide presentation at a school assembly entitled "Pillars of Character" in which
Saunders exclusively used images of Christian churches with physical pillars supporting
part of the structures. The presentation did not include photographs of mosques,
synagogues, or temples.
This clearly communicated to students that “character” and “Christianity” were the same
thing. It is unconstitutional to take away instructional time from students to engage in
religious indoctrination that teaches that only Christians are capable of being good and
moral people.
It is also our understanding that a recent FOIA request uncovered tens of thousands of Christian
nationalist and other extremist group emails in Principal Saunders’ official school email account,
in direct violation of Illinois law, the Illinois Educator Code of Ethics, and District Policy.2
Religious Testing For Academic Credit
We also have received reports that students at Grundy Elementary School are being tested on
their knowledge of a conservative interpretation of the Christian Bible, and being given academic
credit for their performance. It is also our understanding that the scores from this testing are
2 Bonnie Kurowski, Thousands of anti-LGBTQ emails found in Morton school principal’s work email account,
Illinois Eagle (Aug. 2023)
https://illinoiseagle.com/2023/08/25/thousands-of-anti-lgbtq-emails-found-in-morton-school-principals-work-emailaccount/.
1https://www.morton709.org/file/1106/Morton%20School%20District%20Bullying%20Policy.pdf#:~:text=No%20st
udent%20shall%20be%20retaliated,be%20subject%20to%20appropriate%20discipline.
shared with the classes, so that students can publicly see who is or is not a “good Christian,”
creating a divisive atmosphere that shames students who are from non-Christian families.
Please note that it is not a violation of the free speech rights of teachers when a school district
regulates what they teach to students while acting in their official capacities. Teachers have
access to a captive audience of students due to their position as public educators. Therefore, the
District has a duty to regulate religious proselytizing in its schools. “Because the speech at issue
owes its existence to [his] position as a teacher, [the School District] acted well within
constitutional limits in ordering [the teacher] not to speak in a manner it did not desire.” Johnson
v. Poway Unified Sch. Dist., 658 F.3d 954, 970 (9th Cir. 2011), cert. denied, 132 S. Ct. 1807
(2012) (upholding decision of school board to require a math teacher to remove two banners with
historical quotes referencing “God”); see also Garcetti v. Ceballos, 547 U.S. 410, 421 (2006)
(“We hold that when public employees make statements pursuant to their official duties, the
employees are not speaking as citizens for First Amendment purposes, and the Constitution does
not insulate their communications from employer discipline.”). Courts have upheld the
termination of teachers who violate the principle of separation between church and state. See,
e.g., Grossman v. S. Shore Pub. Sch. Dist., 507 F.3d 1097 (7th Cir. 2007) (upholding termination
of guidance counselor who prayed with students).
Prayer At School Board Meetings
It is our further understanding that school board meetings have been consistently opened with
exclusively Christian prayer, led by pastors invited to give the prayer after the opening gavel.
The Supreme Court has consistently struck down prayers offered at school-sponsored events.
See, e.g., Santa Fe (striking down school-sponsored prayers at football games); Lee v. Weisman
(finding prayers at public high school graduations an impermissible establishment of religion);
Wallace (overturning law requiring daily “period of silence not to exceed one minute . . . for
meditation or daily prayer”); Abington (declaring school-sponsored devotional Bible reading and
recitation of the Lord’s Prayer unconstitutional); Engel (holding formal recitation of prayers in
public schools unconstitutional). In each of these cases, the Supreme Court struck down
school-sponsored prayer because it constitutes government favoritism towards religion, which
violates the Establishment Clause of the First Amendment. The Court’s recent decision in
Kennedy v. Bremerton School District did not alter the law regarding these kinds of coercive
prayer practices, nor did it overrule these previous decisions.
In the most recent case striking down a school board’s prayer practice, the Ninth Circuit Court of
Appeals reaffirmed that Establishment Clause concerns are heightened in the context of public
schools “because children and adolescents are just beginning to develop their own belief
systems, and because they absorb the lessons of adults as to what beliefs are appropriate or
right.” FFRF v. Chino Valley Unified Sch. Dist. Bd. of Educ., 896 F.3d 1132, 1137 (9th Cir.
2018). The court reasoned that prayer at school board meetings “implicates the concerns with
mimicry and coercive pressure that have led us to ‘be [ ] particularly vigilant in monitoring
compliance with the Establishment Clause.’” Id. at 1146 (quoting Edwards v. Aguillard, 482 U.S.
578, 583–84 (1987)). The Court reaffirmed in Kennedy that the schools cannot “‘make a
religious observance compulsory.’” Kennedy v. Bremerton Sch. Dist., 142 S. Ct. 2407, 2429
(2022) (quoting Zorach v. Clauson, 343 U. S. 306, 314 (1952)).
Students and parents have the right—and often reason—to participate in school board meetings.
It is coercive, insensitive, and intimidating to force nonreligious citizens to choose between
making a public showing of their nonbelief by refusing to participate in the prayer or else display
deference toward a religious sentiment in which they do not believe, but which their school
board members clearly do. Board members are free to pray privately or to worship on their own
time in their own way. However, the Board ought not to lend its power and prestige to religion or
coerce attendees into participating in religious exercise.
Adult Involvement in See You At the Pole Event
Our complainant also noted that the District holds a See You At the Pole Event, and that
Principal Saunders and other school board members actively participate in the event.
Any religious events must be entirely student-initiated and student-run. While the District cannot
prohibit students from organizing or participating in a prayer event, the Supreme Court has stated
that public school staff members and outside adults must refrain from participating in the
religious activities of students while acting within their governmental roles. See Bd. of Educ. of
the Westside Cmty. Sch. v. Mergens, 496 U.S. 226, 253 (1990) (“Under the [Equal Access] Act . .
. faculty monitors may not participate in any religious meetings, and nonschool persons may not
direct, control or regularly attend activities of student groups.” (citing 20 U.S.C. §§ 4071(c)(3)
and (5))).
See You at the Pole’s official website recognizes that adults should not be involved in their
events:
See You at the Pole™ is a student-led event. Strong student leadership is crucial.
Adult volunteers and parents should not lead the See You at the Pole™ gathering.
Many well-meaning adults take over and take away from the students by trying to
lead out in the prayers at the flagpole. This is not the intention for See You at the
Pole™, nor is it legal for adults to lead. Please step back or stay away and let the
students grow and learn in their faith by leading.
The best place for an adult to pray on the day of See You at the Pole™ is not on
campus with the students, but at alternate locations.3
Furthermore, it is inappropriate and needlessly divisive for the District to allow its staff or
outside adults to promote, participate in, and organize See You At The Pole events. Staff
involvement in SYATP, including congratulating students for attending, alienates and excludes
non-Christian students, teachers, and parents whose religious beliefs are inconsistent with the
message being promoted by the school staff.
3 Adults, See You at the Pole, https://syatp.com/pages/adults.
Baccalaureates
We have been further informed that the school district permits the annual Baccalaureate program
to be held on school grounds. Our complainant has stated that the event organizers do not rent
out the space, and that is a wholly Christian religious event for students in the school.
Baccalaureate ceremonies are religious services with prayer and worship. Schools may not
promote or facilitate baccalaureate ceremonies. See, e.g., Warnock v. Archer, 443 F.3d 954 (8th
Cir. 2006) (upholding injunction prohibiting school district from orchestrating or supervising
prayers at school graduation or baccalaureate ceremonies).
When courts have permitted privately-sponsored baccalaureate services in public schools, the
schools involved had taken significant steps to ensure there was no school affiliation with the
baccalaureate ceremony. See Randall v. Pagan, 765 F. Supp. 793 (W.D.N.Y. 1991) (noting that
“the school board has already formally and publicly dissociated itself from the baccalaureate
service, has canceled its prior order for programs and has refused to lend any financial support,
either direct or indirect, to assist the [religious group] in its sponsorship of the event.” In
addition, no “district personnel are involved in any aspect of the service, either in their capacities
as District employees or . . . in their personal, individual capacities.”); Verbena Methodist Church
v. Chilton Bd. of Educ., 765 F. Supp. 704 (M.D. Ala. 1991) (“The Board must also ensure that no
other school officials promote, lead, or participate in the service.”).
The District must respect the constitutional rights of all its students to be free from religious
coercion and indoctrination in their public schools. Thus, the District must refrain from
promoting and facilitating this baccalaureate ceremony and any other religious activities or
events in the future.
Religious Music Programming
Lastly, we have been informed that the District’s music education program frequently includes
Christian worship music and pageants as a part of its curriculum.
In the context of music classes, public schools may teach religious music alongside secular
music in order to achieve legitimate secular educational goals, such as giving students a better
understanding of historical choral music. While there may be such instances where teaching
religious songs in the public school context is permissible, schools should exercise caution when
teaching impressionable students songs that are clearly devotional in nature. There is no dearth
of secular, age-appropriate choral music for students to learn. Parents—not the school district or
a public school music teacher—have the authority and the right to decide whether and when to
expose their child to religious concepts and devotional music.
Conclusion
Each of the allegations outlined above demonstrate a clear pattern of the District privileging
religion over non-religion, and a very specific interpretation of Christianity above all other faiths.
Religion is a divisive force in public schools. The Supreme Court has repeatedly noted that
“[s]chool sponsorship of a religious message is impermissible because it sends the ancillary
message to members of the audience who are nonadherents ‘that they are outsiders, not full
members of the political community, and an accompanying message to adherents that they are
insiders, favored members of the political community.’” Santa Fe, at 309 (quoting Lynch v.
Donnelly, 465 U.S. 668, 688 (1984) (O’Connor, J., concurring)). This message is particularly
impermissible when it is presented to such young and impressionable students.
These actions and behaviors needlessly alienate those students, families, and teachers who are a
part of the nearly thirty-seven percent of Americans who are non-Christians, and the nearly one
in three Americans who now identify as religiously unaffiliated.4
FFRF takes these kinds of violations very seriously and we are willing to vigorously defend
students' rights. We recently settled a lawsuit against a school district in West Virginia after it
allowed a preacher to recruit students during the school day. See Mays v. Cabell Cnty Bd. of
Educ., No. 3:22-cv-00085 (S.D. W.Va., Filed Feb. 17, 2022). As part of that settlement, the
district agreed to pay nearly $175,000 in attorney fees.5
These constitutional violations must cease immediately, in order to protect the constitutional
rights of all Morton CUSD 709 students and their families. Please respond in writing with the
steps you are taking to remedy these issues, so that we may inform our complainant.
Sincerely,
Kat D. Grant
Equal Justice Works Fellow (sponsored by the Wm. Collins Kohler Foundation)
Freedom From Religion Foundation
Enclosure
5ffrf.org/news/news-releases/item/42958-ffrf-victory-w-va-families-secure-policy-changes-in-religious-revival-laws
uit
4 Gregory A. Smith, About Three-in-Ten U.S. Adults Are Now Religiously Unaffiliated, Pew Research Center (Dec.
14, 2021), available at
www.pewforum.org/2021/12/14/about-three-in-ten-u-s-adults-are-now-religiously-unaffiliated/.
***
-- Elaine Hopkins