Saddleback District’s Ban of Christian School Group Is Upheld

Over a strong dissent, a state appellate court ruled Monday that high school organizations that advertise Bible study and prayer groups may be banned from school premises.

The 4th District Court of Appeal approved a rule at El Toro High School that bars from campus any clubs that are not sponsored by the school or related to educational curriculum.

The decision, which will be appealed, is the latest chapter in a running seven-year battle in Saddleback Valley Unified School District over the legality of religious proselytizing on school property during school hours.

The students, Alexander Perumal and Frederick Read, members of the Christian New Life group, sought to hand out flyers promoting their meetings and to advertise in the school yearbook.

“This is a straight free-speech case,” said David Llewellyn Jr., attorney for the students. “It is preposterous that students can be restricted from the distribution of student literature, hand to hand, to other students without any official involvement whatsoever.”

Llewellyn said there is “no doubt” he will appeal.

The opinion written, by Justice Sheila Prell Sonenshine, concluded that the district’s so-called “closed campus” policy of allowing only school-sponsored clubs on campus was legal and justified. The policy is neutral to religion, according to the opinion.

“Its enactment is secular, promoting the general well-being of the campus; because religious groups are not singled out for better or worse treatment, its principal or primary effect neither advances nor inhibits religion,” Sonenshine wrote.

Given the policy, the district may not legally permit the club to operate on campus because such a move would “place school support and sponsorship behind the religious objective of the club,” according to Sonenshine’s opinion.

In a dissent, Justice Thomas F. Crosby Jr. called the decision “a jarring invasion of fundamental liberties” and “grievous error.”

Crosby’s unusually sharp, 34-page dissent was twice the length of the majority opinion. In it, he suggested that the majority’s reasoning was consistent with school administrators who act as “thought policemen” constantly reviewing the ideas of students and those with whom they associate.

Long Been a Bitter Issue

Controversy over religious access to school facilities has long been a bitter, divisive issue at the south county school district.

In 1981, the district allowed religious groups to meet in school facilities. The American Civil Liberties Union filed a lawsuit to halt the practice. It was dropped after the board decided to shut off access to any group not sponsored by local schools.

Then in 1984, Congress passed the Equal Access Act, which requires that public schools that allow a group to use school facilities, sponsored or not, must allow religious groups limited access.

Buoyed by the law, Perumal and Read, backed by Llewellyn and the Christian Civil Liberties Union, requested that the board declare the campus open. Such a move would have allowed religious groups to function on campus.

But the board refused to rescind its closed-campus policy.

Perumal and Read also organized informal religious discussions with five to 25 students during the lunch hour, and school officials did not object.

In 1985, the two students requested in writing permission to distribute flyers announcing their meetings and attempted to buy an ad to highlight New Life in the school yearbook.

Both Requests Blocked

Officials blocked both requests, and the lawsuit followed.

“This is a district that has just tried to walk that fine line of not interfering with student speech and association rights, but also avoiding the implications of aiding an established religion on campus,” said David C. Larsen, attorney for Saddleback.

Llewellyn said district officials say they favor free speech--unless it is religious. He said the policy and the decision were contradictory: There was no interference with the informal lunch meetings but a ban on the advertising.

“How can you prohibit flyers announcing the meetings but allow the meetings to take place?” Llewellyn asked. “It’s inconsistent.”

Larsen noted that Saddleback allows outside groups access to school facilities, generally for a fee, when school is not in session. The New Life group was offered that option, but declined, according to Larsen.

“Our argument was that they wanted to take advantage of compulsory attendance (to proselytize),” Larsen said.

Joining with Sonenshine in the majority opinion was Justice Edward J. Wallin.

Read, Perumal and Saddleback school officials could not be reached for comment.