"The maintenance and display of the portrait has the effect of advancing and endorsing one religion, improperly entangling the State in religious affairs, and violating the personal consciences of plaintiffs," the lawsuit says.
The suit follows complaints by both groups to school officials, and was filed on behalf of three plaintiffs, identified only as "Sam Doe." One is a student at Jackson Middle School; the other two are parents with children who attend the school.
School Superintendent Phil Howard, named as a defendant along with Jackson City School District and the school board, was out of town for a meeting Thursday but said through a spokeswoman that he was surprised the lawsuit was filed before the district completed its investigation of the issue. He said the board will discuss "an appropriate course of action" at its Feb. 12 meeting.
The Columbus Dispatch previously reported that Howard said at a school board meeting last month: "We're not violating the law and the picture is legal because it has historical significance. It hasn't hurt anyone."
School officials have said the portrait was donated by a student group and has been in the school since about 1947.
But ACLU spokesman Nick Worner said that while defenders of the portrait cite tradition, that doesn't change its interference with constitutional rights.
"Separation of church and state is one of the nation's oldest traditions," Worner said.
The Liberty Institute in Plano, Texas, representing the school district, earlier wrote to the ACLU and Freedom From Religion, saying the institute was investigating the issue. The institute said the portrait has been in place for some 65 years, apparently without anyone complaining about it.
Hiram Sasser, director of litigation for Liberty Institute, said Thursday the lawsuit was premature. He said Liberty Institute planned to present its findings and recommendations to the school board at next week's meeting. He declined to discuss the findings, but said the goal was to make sure the legal rights of all involved were considered.
"It's obviously a delicate balance," he said.
The district is some 65 miles south of Columbus.
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