A New York public school has withdrawn its denial of an eighth-grader’s application to start a Bible club.
Elijah Nelson, 13, attends school within Waterville Central School District. Serving rural communities, the Waterville district’s combined junior and senior high school offers over 20 extracurricular clubs.
For two years, Nelson, a pastor’s son, requested permission to start a Bible club. Yet, the school repeatedly denied Nelson’s requests, arguing that the Equal Access Act of 1984 barred the district from authorizing religious clubs.
The district gave Nelson’s proposed club the option to meet during lunch hours supervised by school staff or use the school facilities after hours, applying as an outside organization.
Nelson, who desired to connect with other Christians, believed an unofficial status would restrain the club.
“I didn’t feel too happy because without being official, the school won’t be able to announce [club meetings],” Nelson said, “and that will make it harder to reach out to more people and read the Bible with others.”
On Dec. 2, C. Kevin Marshall and Michael Bradley from the Jones Day law firm, along with First Liberty Institute, sent a letter to Waterville Central School District on Nelson’s behalf.
The letter argued that Nelson fulfilled the legal requirements to start a club because he “described the proposed club’s mission and goals, its intended activities, how often it will meet, and any fundraisers it will hold.” He also completed the requirements to “include signatures of students interested in attending the club’s meetings” and to “meet with the principal to review the proposal.”
The letter stated that denying a club official status based on its religious purposes does not uphold the Equal Access Act of 1984 but rather violates it since the act states, “It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings.”
Along with the violation of the Equal Access Act of 1984, the letter also argued that the Free Exercise and the Free Speech clauses were violated. In a press release, Keisha Russell, senior counsel at First Liberty Institute, explains the infringement.
“The Free Exercise Clause provides robust protection for religious students seeking to express their faith through extracurricular clubs,” said Russell. “The school’s actions are unconstitutional, and their justification is legally flawed. The Supreme Court has made clear that the Free Exercise Clause protects religious practices by both students and employees in public school settings.”
On Dec. 5, Jennifer Spring, superintendent of Waterville Central School District, announced the Bible club would be formally established in the upcoming week.
“We strive to provide all students with opportunities to learn, grow, and connect through various activities, including student-run clubs,” Spring informed Fox News Digital. “In January 2024, inaccurate information was shared with a student regarding the ability to officially establish a Bible Study Club and alternative options were proposed to the group. … In line with district policy, the Board of Education, by resolution, will formally establish the Bible Study Club during its December 10 meeting.”
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