A federal judge has ruled that the Oakland Unified School District must allow Good News Clubs to use school facilities just like any other after-school program. U.S. District Judge Haywood S. Gilliam Jr. issued this preliminary injunction after Liberty Counsel filed a lawsuit on behalf of Child Evangelism Fellowship (CEF) for their NorCal East Bay chapter. The judge’s decision came after the district turned down club applications at four different campuses.
Judge Gilliam determined that the district violated free speech rights. He dismissed concerns that permitting the clubs would conflict with the Establishment Clause. According to reports, Liberty Counsel, known for its advocacy for religious liberty, is now pursuing a permanent injunction to ensure Good News Clubs gain equal access to school facilities.
The dispute began in December 2022 when CEF submitted multiple applications over two years. The district rejected these requests, citing “religious grounds, pretextual schemes, and even by silence,” as per a release from Liberty Counsel. In his opinion, Judge Gilliam referenced a principal from one elementary school who expressed opposition by stating, “[As] a public school, we are not in support of evangelism on our campus.”
Citing a 2001 Supreme Court decision in Good News Club v. Milford Central School, the judge noted that schools cannot exclude religious clubs if they allow access to secular groups. This ruling ensures that Good News Clubs can host their meetings weekly, similar to other programs. Before the pandemic, CEF NorCal East Bay held regular meetings in the district but faced rejections for new applications in 2023. Officials claimed the clubs’ religious nature and space constraints justified their decisions, even though there were available rooms.
Mat Staver, the Founder and Chairman of Liberty Counsel, called the ruling a significant victory. He stated, “This is a great victory for Child Evangelism Fellowship, parents, and the students in Oakland public schools.” He noted, “Public schools cannot discriminate against Christian viewpoints regarding the use of school facilities.” Staver emphasized the importance of Good News Clubs, teaching children moral and character development grounded in biblical principles. He added, “Good News Clubs should be in every public elementary school.” Liberty Counsel has a strong track record, having represented numerous CEF cases nationally without losing a single one involving Good News Clubs.
This ruling reflects a growing legal recognition of the need for balanced access to public resources, especially for religious groups. The implications extend beyond Oakland, placing greater scrutiny on policies that may unfairly limit religious expression in public schools.
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