Arizona School Board Member Files First Amendment Lawsuit After Being Banned From Quoting Bible Verses at Meetings

An Arizona school board member has filed a lawsuit against the Peoria Unified School District for allegedly violating her First Amendment rights by banning her from quoting the Bible during meetings.

The board member, Heather Rooks, was elected in January 2023.

The First Liberty Institute, representing Rooks, said in a press release, “During each Peoria School Board meeting, the agenda includes a brief ‘Board comments’ period where individual board members may offer remarks of their own choosing. Since the beginning of her public service on the board, Ms. Rooks has opened her comments by quoting a short scripture from the Bible. The Peoria School Board subsequently received letters from anti-religious organizations demanding it stop Ms. Rooks from reading scripture.”

In August, Rooks was told by the school board chairman that she could no longer quote scripture during the meetings.

According to the complaint, “Rooks’ recitation of a Bible passage, without comment, elaboration, or proselytization, during her Board comments doesn’t violate the Establishment Clause of the First Amendment.”

The complaint notes that the Establishment Clause states, “Congress shall make no law respecting an establishment of religion. Rooks’ practice accords with over 200 years of this Nation’s historical practices and understandings. See Marsh v. Chambers, 463 U.S. 783, 786 (1983) (‘The opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country.’). Public officials from Presidents Washington and Lincoln up through President Biden routinely recited scriptures while performing their official duties.”

“The District’s official policy and actions—which purport to ensure Rooks does ‘not read scripture’ or ‘offer bible verses’—regulate her speech based on its content, message, and viewpoint,” the lawsuit states. “The District’s policies and actions therefore chill her ability to freely speak, in violation of the First Amendment.”

Andy Gould, Senior Counsel at First Liberty said of the lawsuit, “Heather takes her responsibilities serving the parents and students in her community seriously, and quotes Bible verses as a source of courage and strength in performing those duties. Like so many dedicated public leaders throughout our history, Heather most certainly can use inspirational quotes from religious, historical, and philosophical sources and figures as a source of personal inspiration, as well and encouragement to the community at-large.”

Rooks said in a statement, “I am grateful to be a part of the Peoria Unified School board. As a member of the school board, I understand the weight and significance of all of our decisions, and simply find quoting scripture out loud to be encouraging to myself and to many in attendance.”

The lawsuit is asking the court to declare that Rooks is entitled to absolute legislative immunity for her recitation of scripture during Board comments, “nominal damages for the past violations of her rights and for the District’s violation of Arizona’s Free Exercise of Religion Act,” and attorneys fees.

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