School Sued for Barring Student from Sharing Scripture 'Joy Jars'

An elementary school in the U.S. is being accused because it stopped a student from sharing scripture joy jars with his classmates.

Robert E. Lee Elementary School in Satsuma, Alabama, was sued recently for stopping fifth-grader Robert Dowd from passing out 'joy jars' that contained Bible verses and encouraging messages. A teacher confiscated the jars.

The school claims the jars might offend people of other religions, for example, Muslims.

George Arnold, who is Dowd's attorney, says the school is wrongly claiming the gifts violate the establishment clause -- the so-called "separation of Church and State".

But he believes there is only one way anyone could conclude like that: "You have to basically lie to yourself," he says. "You have to stretch your imagination and ignore logic to say that a ten-year-old boy handing out his Christmas gift at his Christmas party at school is an establishment of religion by government."

Arnold believes unclear rules regarding what students may and may not pass out at school may have contributed to the problem. Arnold is asking for a declaratory judgment that the school board's literature distribution policy is improper.

"One of our arguments is that policy is too broad and vague and open to abuse of discretion by those who administer it. Basically [the guidelines] say, 'Well, if you want to know what you can do, come and ask us, and we'll tell you.' And that kind of policy is open to abuse of discretion, if someone doesn't know in advance what they are allowed to do," the attorney says.

Arnold believes the school is acting out of ignorance of the Constitution and has been cowed by American Civil Liberties Union lawsuits that purport to fight State endorsement of religion.