Freedom From Religion Found. v. New Kensington Arnold Sch. Dist.

In 1956, the New Kensington Eagles donated to Valley High School a six-foot granite monument inscribed with the Ten Commandments, an eagle, an American flag, the Star of David, the Chi-Rho symbol, a Masonic eye, and Hebrew and Phoenician lettering. It is near the gymnasium entrance, which is accessible from the student parking area. In 2012, FFRF, an organization dedicated to promoting separation of church and state, unsuccessfully requested the monument's removal. Schaub saw a story on television and contacted FFRF. Schaub had visited Valley and seen the monument while taking her daughter to a karate event, picking the girl up from the swimming pool, and dropping off her sister, whose child attends Valley. Schaub’s daughter was to attend Valley beginning in August 2014. Schaub views the monument as “commanding” students and visitors to worship “thy God,” brands her as “an outsider because [she] do[es] not follow the particular religion or god that the monument endorses,” and makes her “stomach turn.” She wishes to raise her daughter without religion. While a suit under 42 U.S.C. 1983 was pending, Schaub’s daughter began attending a different high school. The district court granted the District summary judgment. The Third Circuit reversed. Schaub has standing to seek nominal damages and injunctive relief, and her request for injunctive relief was not moot. With respect to FFRF’s claims, the court remanded for consideration of whether Schaub was an FFRF member when the complaint was filed. View "Freedom From Religion Found. v. New Kensington Arnold Sch. Dist." on Justia Law