Robert Moss v. Spartanburg County School District
683 F.3d 599
4th Cir.2012Background
- Spartanburg County School District Seven adopted a released-time policy allowing up to two elective Carnegie units for off-campus religious instruction; policy requires secular evaluation criteria and neutral as to religious content; Spartanburg Bible School partnered with Oakbrook Preparatory School to deliver and have grades transferred; district officials kept a neutral stance and did not actively promote the program; 20 of ~1,500 students participated over three years; plaintiffs Moss, Tillett, and the Freedom From Religion Foundation sued under 42 U.S.C. § 1983 alleging Establishment Clause violation; district court granted summary judgment for the District on the merits after Lemon analysis; on appeal, standing and Establishment Clause challenges were central; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing of plaintiffs to challenge policy | Mosses and Foundation claim injury from endorsement and outsider status | Plaintiffs lack injury; generalized grievance insufficient | Mosses have standing; Tillett lacks standing; Foundation's standing rests on Tillett's injury |
| Establishment Clause under Lemon test | Policy advances religion by granting credits for religious instruction | Policy neutral, off-campus, and accommodates religion; no coercion or endorsement | Policy passes Lemon test; neutral implementation off-campus; no excessive entanglement |
| Impact of academic credit on establishment concerns | Credit for released-time coursework signals school endorsement | Credit-transfer model uses private accreditation and is compatible with Smith/Zorach | Credit transfer does not alter Lemon framework; permits accommodation without establishing religion |
| Entanglement and government involvement | District interferes by promoting or monitoring religious instruction | District maintains neutral stance; monitoring by private schools avoids entanglement | Program neutral and passive; no excessive entanglement with religion |
Key Cases Cited
- Lemon v. Kurtzman, 403 U.S. 602 (1971) (establishment test framework and three prongs)
- McCollum v. Board of Education, 333 U.S. 203 (1948) (unconstitutional on-campus religious instruction in public schools)
- Zorach v. Clauson, 343 U.S. 306 (1952) (off-campus release of students for religious instruction; accommodation permitted)
- Smith v. Smith, 523 F.2d 121 (4th Cir. 1975) (released-time program upheld; secular purpose and neutrality)
- Pierce v. Soc'y of Sisters, 268 U.S. 510 (1925) (private religious education supported as a valid option in education)
- Zelman v. Simmons-Harris, 536 U.S. 639 (2002) (government accommodation of religion; neutrality in application)
- Lanner v. Wimmer, 662 F.2d 1349 (10th Cir. 1981) (watch for religious content in transfer credits; monitoring concerns)
- Suhre v. Haywood Cnty., 131 F.3d 1083 (4th Cir. 1997) (standing for Establishment Clause plaintiffs with non-economic harms)
- Sierra Club v. Morton, 405 U.S. 727 (1972) (organizational standing principles)
- Barrows v. Jackson, 346 U.S. 249 (1953) (standing related to third-party rights)
- Sumner v. Earth Island Inst., 555 U.S. 488 (2009) (standing requires actual or imminent injury)
- Valley Forge Christian Coll. v. Ams. United for Separation of Church & State, 454 U.S. 464 (1982) (spiritual stake insufficient without concrete injury)