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OPINION

Student Required to 'Pay to Pray' in Public School’s Outrageous Scheme

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
AP Photo/Jessie Wardarski

School officials in the Holdingford Public School District have egregiously violated the First Amendment rights of our client Emma, a 9th-grade student, by charging her Christian Bible study club rental fees for use of school facilities – while freely granting that access to secular student groups such as the Boy Scouts, Girl Scouts, and 4-H. It’s essentially a policy of “Pay to Pray.”

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The ACLJ is taking decisive action to defend her constitutional rights and hold the school district and Holdingford High School in Minnesota accountable for this unconstitutional equal access violation.

A Clear Case of Discrimination

Earlier this year, Emma asked school administrators for permission to start a student Bible study club. Instead of receiving equal treatment, she was met with hostility and unconstitutional restrictions. The principal delayed her ability to meet, blocked her from hosting a See You at the Pole prayer gathering, a constitutional violation, and told her she would have to pay a fee per meeting to use the school library, yet another violation. 

Meanwhile, other student groups – including the Scouts and civic clubs – are not charged these fees. The school’s classification system labeled Emma’s group a “church” rather than a student-run group, which allows for free use of classrooms. This discriminatory practice singles out Christian speech for punishment.

We need you engaged in this battle for Emma’s constitutional rights. Take action with us and sign the petition: Defend Christian Bible Clubs in Public Schools.

The Law Is Clear

Congress passed the Equal Access Act specifically to stop this type of religious discrimination in public schools. The Supreme Court confirmed its constitutionality in Westside Board of Education v. Mergens, a case argued by ACLJ Chief Counsel Jay Sekulow. There, the Court held that schools cannot exclude or burden religious clubs simply because of their faith-based message. As the Court explained: “If a State refused to let religious groups use facilities open to others, then it would demonstrate not neutrality but hostility toward religion.” Further, the Supreme Court in Tinker v. Des Moines made clear that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” That includes religious speech.

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This principle was reaffirmed in multiple cases upholding student rights, where the Court held that schools cannot exclude Christian clubs from meeting after school when they allow other community groups to gather, and it struck down a policy excluding Christian student publications from funding available to secular groups.

In Emma’s case, instead of neutrality, the Holdingford School District is showing hostility – imposing fees on Emma’s club while granting free access to others. That is unconstitutional viewpoint discrimination.

Why This Matters

This case matters because if schools can silence Emma’s Bible study by unequally charging fees based on viewpoint, then anyone can be forced to PAY for their FREE speech. This unconstitutional framework prohibits students and citizens from fully living out their religious convictions. 

Our schools must remain open forums for all students – not hostile environments where only secular voices are welcome.

The ACLJ Is Taking Action

We sent a demand letter to the Holdingford Public School District requiring officials to immediately stop their unlawful discrimination. Emma’s club must be treated the same as other student groups and allowed to use school facilities without unconstitutional fees or restrictions. If the district refuses, the ACLJ is prepared to go to court. We will not allow unconstitutional hostility toward religion in our schools to stand.

Protecting Religious Liberty for Students Nationwide

The ACLJ has fought – and won – cases like this across the country, ensuring that Christian students have the same rights as everyone else on campus. From Mergens to Good News Club, we have helped set national precedent to protect students of faith. Now we are standing with Emma in Minnesota to make sure the Holdingford School District follows the law.

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Every student in America deserves the freedom to live out their faith without fear of being silenced by school officials. The silencing of faith is a silent war that often goes unnoticed. We need you to take action with us to make sure these cases do not stay silent. Add your name to the petition: Defeat the Left’s War Against Christians.

 

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