Loudoun attorney says LCPS in violation of First Amendment

John Flannery, a Loudoun litigator and former federal prosecutor, raised the subject to Loudoun County Public School Superintendent Eric Williams at the Loudoun Democrats monthly meeting Dec. 4, where Williams was a guest speaker.

Flannery filed a Freedom of Information Act request with LCPS requesting school facility community use applications, revealing 33 religious groups using school facilities.

According to the documents, 40 percent of the county's public school buildings are used for religious worship services on weekends.

Flannery believes religious services of any kind that are held in public school buildings are unconstitutional and break the First Amendment of the Constitution's Establishment Clause, which prohibits the government from passing laws establishing religion or hindering religious expression.

There are cases that basically say that [worship services in public schools] is essentially the establishment of religion, Flannery said to Williams at the meeting. Religions can use the schools in certain contexts, but they can't use them for worship services, as that's establishing a religion. I was wondering what you propose to do about that?

Williams said that he was not familiar with court cases in which worship service in schools was considered a violation of the First Amendment.

I am accustomed to working in school divisions in which the norm was [schools allowing worship services when not using the building], Williams said. Obviously I'm familiar with the case law in terms of separation between church and state as it relates to school day practices and so that is important. I will tell you that's just not my understanding in terms of what's appropriate in terms of weekend use.

Williams said he was happy to have the board's attorney look into the issue.

Flannery has begun a discussion with school and county officials on whether or not worship in public school buildings is appropriate, saying it violates the First Amendment.

Its time to declare that religious worship is an impermissible use of our public schools, Flannery wrote in a letter he sent to School Board members and the Loudoun Board of Supervisors. Some jurisdictions take great pains to ban religious worship in the public schools so that they wont breach the constitutional barrier designed to separate church from state action It is indicative of establishment when the disputed practice is religious rather than secular, when the practice advances religion, and, finally, when the government is entangled with the religious practice.

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Loudoun attorney says LCPS in violation of First Amendment