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Type of Document: Order Reference Document: Judge: Judge Neal B. Biggers Signature Date: 06/03/96 File Date: 06/03/96 ECS Filename: 96d0084p.msn
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION LISA HERDAHL, on behalf of herself and her minor, school-age children, Plaintiff
PONTOTOC COUNTY BOARD OF EDUCATION; JOHN ALLEN, JOHN LAUDERDALE, JOHNNY MOUNCE, KEN ROYE, and RICKY SPENCER, in their official capacities as members of the Pontotoc County Board of Education; JERRY HORTON, in his official capacity as Superintendent of the Pontotoc County School District; STEVE CARR, in his official capacity as Principal of North Pontotoc Attendance Center; and RODNEY FLOWERS, in his official capacity as Assistant Principal of North Pontotoc Attendance Center, Defendants
In accordance with the memorandum opinion this day issued, it is ORDERED: That each of the defendants and anyone acting in concert with any of them are permanently ENJOINED AND RESTRAINED from (1) transmitting or authorizing the transmission of devotionals, including without limitation the recitation of Bible verses and/or prayers, over the school intercom system; (2) authorizing organized, vocal group prayers in classrooms during classroom hours at North Pontotoc; (3) authorizing the teaching of classes known as "Bible" or "A Biblical History of the Middle East," in their past or present form, in any grade; and (4) authorizing the showing of the videotapes "The King is Born," "He is Risen," and "America's Godly Heritage" during American History classes; and That the defendants shall specifically direct all elementary teachers and other employees at North Pontotoc, and strictly enforce its directive, that they may not facilitate, participate in, endorse, encourage, invite or sponsor classroom prayer by students, including but not limited to designating, facilitating or assisting in designating, or enlisting individual students to lead vocal group prayer, delaying or slowing departure of students for the lunchroom to facilitate prayer, separating students who do and do not wish to engage in such prayer, or engaging in the conduct concerning the "Blessing for Lunch" contained in the instructions issued by defendant Flowers on or about January 3, 1995 as set forth in Exhibit P3; and That if the Mississippi State Board of Education does give final approval to the new high school course "Biblical History of the Ancient Middle East," the defendants may offer that course in those grades (9-12), but the defendants and anyone acting in concert with them are permanently ENJOINED from teaching that or any other or successor course concerning the Bible or religion in any manner that is not consistent with this court's decision and the United States Constitution. This includes but is not limited to the following: (a) the course must be taught objectively as part of a secular program of education; (b) the course may not be taught using the Bible as the only source of historical fact or as if the Bible were actual literal history; (c) students must be assigned reading from non-biblical sources of ancient Middle East history; (d) the course may not teach religious doctrine or sectarian interpretation of the Bible; and (e) the District shall not accept an instructor for the Bible course who has been approved for employment based in whole or in part on a religious test, profession of faith or criteria involving particular beliefs about the Bible in the selection process. THIS, the ______ day of June, 1996.
NEAL B. BIGGERS, JR. UNITED STATES DISTRICT
JUDGE |