The Eighth Circuit recently held in Wigg v. Sioux Falls School District that a public school’s policy prohibiting a teacher from participating in a religious group meeting on school property immediately after the school day ended violated the teacher’s First Amendment rights.
Sioux Falls School District (SFSD) has a policy prohibiting all SFSD personnel from participating in religious activities on school grounds or at school-sponsored activities. The SFSD also has a policy allowing both school-sponsored and student-initiated groups and community organizations to use its facilities. Community and student-initiated groups such as churches, nonprofit organizations, and youth groups regularly use the school’s facilities.
In October 2002, the Good News Club, an after-school religious organization, requested access to the school to hold meetings. The request was granted. Barbara Wigg, a second and third grade teacher at SFSD, attended the club’s first meeting. Nine students also attended. During this meeting, students played a game, learned a Bible verse, and heard a Christian story.
After the meeting, the SFSD’s principal informed Wigg that she could not participate in the club’s meetings on school grounds because of the school’s concern that her participation would be perceived as the school’s favoring of a religion. Wigg appealed the principal’s decision to the school superintendent, who agreed with the principal. In her appeal to the superintendent, Wigg pointed out that all students had to receive a parental permission slip prior to joining and the SFSD could include a disclaimer on the slip that would explain that any school employee participating in the club was acting as a private citizen. The SFSD did not agree with Wigg and continued to deny her participation.
Wigg filed suit against the SFSD alleging the school’s policy on participation in religious clubs on school grounds violated her First Amendment rights. The SFSD responded by arguing that its policy was required to guarantee neutrality towards religion as required by the Establishment Clause.
The Eighth Circuit dismissed the SFSD’s Establishment Clause arguments on the grounds that its policy of prohibiting all employees - even on their own time - from participating in any religious-based programs on school grounds was overly broad. The court determined that Wigg’s participation in the after-school program constituted private speech and, therefore, could not be restricted.
In deeming Wigg’s participation in the program as private speech and not a school endorsement of religion, the Eighth Circuit relied on the fact that the activity was not sponsored by the school, Wigg did not affiliate her views with the SFSD, the students participating in the club needed parental permission, and nonparticipating students exited the school building before the meeting began.
Employer Notes: This case demonstrates the challenges facing public sector entities trying to balance competing constitutional interests. As a rule of thumb, whenever public sector employers attempt to restrict employees’ rights to speak freely or attempt to limit activity in organizations on private time, constitutional violations may be found. Extreme caution and sound legal advice are an employer’s best weapons when constitutional issues arise.
Submitted by Beth Hinsdale, Principal, Grotta, Glassman & Hoffman, P.C., Roseland, N.J. You can contact Ms. Hinsdale at hinsdaleb@gghlaw.com.
Reprinted from Council’s Public Sector Personnel Law Update newsletter. To subscribe or order a free trial subscription, click here.
Council's Public Sector Employment Law Update 2005 and Certificate in Public Sector HR Management programs can help you stay on top of the most recent state and federal developments in public sector employment law and HR best practices. Click on the links above for more information, including detailed agendas, dates, and locations.