Child Evangelism Fellowship v. Minneapolis Special School District No. 1
690 F.3d 996
8th Cir.2012Background
- CEF runs weekly good news clubs (GNC) for 5–12 year olds with Christian content, open to all; meetings include Bible stories, prayer, and activities; programs are free to attendees.
- In 2000, the district granted CEF access to Jenny Lind Elementary facilities and distribution forums, with a disclaimer of no sponsorship.
- From 2005, the district restructured facility access through “community partners,” linking after-school enrichment with statutory goals and an advisory council.
- CEF became a community partner in 2005 and joined the after-school program, gaining access to resources until 2009 when it was removed for religious content.
- After removal from the after-school program, CEF’s attendance dropped significantly, while other secular partners remained; CEF sought injunctive relief under 42 U.S.C. § 1983 based on First Amendment claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Viewpoint discrimination in removing CEF from the after-school program | CEF argues district punished religious viewpoint; exclusion accords less favorable treatment | District claims neutral action due to prayer/proselytizing and establishment concerns | District engaged in viewpoint discrimination |
| Compelling interest and Establishment Clause neutrality | District cannot justify discrimination by avoiding establishment concerns; neutrality required | District contends protecting Establishment Clause interests justifies actions | Establishment Clause neutrality not satisfied; discrimination not justified by neutrality |
| Whether GNC is school-sponsored speech affecting Establishment Clause analysis | GNC is private speech; district sponsorship not established | GNC linked to after-school program; could be school-sponsored | GNC not school-sponsored speech; no compelling school-endorsed interest to suppress viewpoint |
Key Cases Cited
- R.A.V. v. City of St. Paul, 505 U.S. 377 (U.S. 1992) (viewpoint discrimination prohibited in general subject speech)
- Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (U.S. 1983) (content-neutral restrictions; viewpoint discrimination limits)
- Milford Central School v. Milford, 533 U.S. 95 (U.S. 2001) (private religious conduct on school premises; neutrality required)
- Rosenberger v. Rector and Visitors of Univ. of Virginia, 515 U.S. 819 (U.S. 1995) (funding decisions cannot discriminate based on religious viewpoint)
- Lamb's Chapel v. Center Moriches Union Free School District, 508 U.S. 384 (U.S. 1993) (prior restriction on religious expression in a school forum unconstitutional)
- Ladue v. Gr instead of Ladue School District, 28 F.3d 1501 (8th Cir. 1994) (disfavored treatment of a religious group in after-school use of facilities unconstitutional)
- Wigg v. Sioux Falls Sch. Dist., 382 F.3d 807 (8th Cir. 2004) (private speech by teacher not school-sponsored; not within school-sponsored forum)