In November 2019, the American Civil Liberties Union and the ACLU of Tennessee sued the Smith County Board of Education, the Smith County Director of Schools, and the principals of Smith County Middle and High Schools. Brought on behalf of two families, the lawsuit alleged that school officials regularly incorporated prayer into school events and proselytized students in violation of the Establishment Clause of the First Amendment to the U.S. Constitution.
The unconstitutional activities reported by the families spanned several school years and included, among other practices, school-directed prayer during mandatory assemblies; the distribution and display of Bibles during classes; Bible verses posted in hallways and shared in notes from school staff to students; prayers broadcast through loudspeakers at school sporting events; coaches leading or participating in prayer with student athletes; and a large Latin cross painted on the wall of a school athletic facility.
A preliminary Injunction was agreed upon in April of 2020 which would cease all prayer at school events and stop the promotion and distribution of religious beliefs and materials. A copy of the order was given to all school officials to ensure the school did not continue to violate the First Amendment rights of students during the pendency of the litigation.
A final settlement came on September 14, 2020, and a consent decree was entered by the court. In accordance with the consent decree, school officials may not incorporate official prayer into school events, pray with students, or encourage or promote student prayer. They also are prohibited from promoting their personal religious beliefs to students, posting religious iconography, and inviting outside guests or third parties to pray during school events, proselytize students, or distribute religious literature to students in class.
PLAINTIFF(S):
Kelly Butler and his two children; Jason and Sharona Carr and their children
DEFENDANT(S):
Smith County Board of Education; Director of Schools of the Smith County School System, Barry H. Smith; Principal of Smith County Middle School, Kelly Bell; Principal of Smith County High School, Dusty Whitaker
ATTORNEY(S):
ACLU Foundation of Tennessee: Thomas H. Castelli
ACLU: Daniel Mach, Heather L. Weaver
