ACLU contests Jesus portrait at middle school

CINCINNATI — A portrait of Jesus that hangs prominently in an entranceway at a rural Ohio public school is in violation of the U.S. Constitution and should be removed, a federal lawsuit filed Thursday says.

The American Civil Liberties Union of Ohio and the Madison, Wis.-based Freedom From Religion Foundation say the large portrait at Jackson Middle School unconstitutionally promotes religion. The two groups seek a court order requiring the school to remove the portrait and prohibiting its re-hanging or any substantially similar display in the future.

“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.

More in Local News

A Democrat and ex-Republican team up to end two-party politics

Brian Baird and Chris Vance unveil a new organization called Washington Independents.

The beavers weren’t happy, either, about Mill Creek flooding

A tree fell on their dam, sending a rush of water into a neighborhood near Jackson High School.

Aerospace workers adjust to changing industry

The number of Boeing workers dropped almost 10 percent since last year

Lynnwood, Marysville, Sultan consider ban on safe injection sites

If approved, they would join Lake Stevens and Snohomish County, which have temporary bans.

Mill Creek councilman no longer lives in city, panel finds

The Canvassing Board determined Sean Kelly is not eligible to vote there.

A whole life ahead. Five-month-old Felix Shope lies in his stroller ready to go home from the Snohomish County Courthouse with his new mom and dad, Alicia and Josh Shope of Edmonds. A family down the hall tends to a child and are likely awaiting their own adoption proceedings. (Dan Bates / The Herald)
16 youngsters get the gift of home on National Adoption Day

A joyful day at county courthouse tempered with the great need for stable, loving homes.

Stranger offered candy to student walking home from school

The Granite Falls School District is warning families about… Continue reading

Man arrested after stolen car crashes in Everett

The accident occurred in the 100 block of SE Everett Mall Way.

5-vehicle crash in Arlington kills 62-year-old woman

Medics had transported her to the hospital, where she later died.

Most Read