Pastor’s school visits off for now

Report awaited after complaint

— The Conway School District’s board hopes to hear a report next month from a Texas organization representing the district in a complaint filed about a church pastor who until recently visited with students during lunch.

In a Jan. 18 e-mail to board members, Superintendent Greg Murry wrote that Jeff Mateer, a lawyer with the Liberty Institute, tentatively plans to attend the board’s Feb. 12 meeting “and present to us his opinion in person.”

The Liberty Institute — which describes itself as “a nonprofit legal group dedicated to restoring and defending religious liberty across America” — is representing the district at no charge, Mateer said.

In late October, the Wisconsin-based Freedom From Religion Foundation wrote Murry to say it had “received reports that a pastor from New Life Church of Conway had been given access to students at Carl Stuart Middle School during school hours.”

“We understand the pastor is permitted into the school cafeteria during the students’ lunch time to talk with students,” the letter signed by staff attorney Patrick Elliott added.

The foundation — which describes itself as working for those “committed to the cherished principle of separation of state and church” — asked that the school system “immediately discontinue allowing any pastor access to students during school hours” at Carl Stuart and any other district schools.

Murry, in his e-mail to board members, wrote that Mateer’s “opinion is that we are clearly within the constitution to allow these pastors in.”

Murry’s e-mails were among many released under the Arkansas Freedom of Information Act.

Mateer shared a similar view in a telephone interview from his Dallas office Friday but also said the school district cannot turn away any religious group or any atheist group if it allows one such group in — as long as they follow the same procedures outlined by the school.

Mateer said he believes that the law allows for “what we call an ‘all-comers policy,’” which “doesn’t discriminate on the basis of religion or nonreligion.”

Murry has stopped the visits by religious groups’ representatives, pending the Liberty Institute’s investigation.

In a Jan. 17 e-mail to board members about his meeting earlier that day with 20 youth pastors, Murry said he told them “that we are looking to find a way to write a legally defensible policy that would allow them to come on campus [again] during lunch.”

Murry referred all questions to the Liberty Institute.

But in an e-mailed statement released by the institute, Murry said, “The District respects the religious liberty of all students and citizens and will work diligently to follow the Constitution and take the appropriate steps necessary to investigate this issue further and follow the law.”

Mateer said New Life is not the only religious group that has been visiting the school, even though it is the only one specifically cited by the Freedom From Religion Foundation.

“Up to 20 from various” religious groups had been visiting with students who are affiliated with their churches and who attend the district’s middle schools, junior high school and high school, Mateer said.

“I’m not aware of any non-Christians” or atheists asking to visit with students at the schools, Mateer said.

If a Jewish person from an area synagogue wanted to visit with students as well, “he would not be prohibited.” Nor, he said, could the district legally preclude members of other, less mainstream religions such as Scientologists.

“You couldn’t say everyone can come” except the atheist, Mateer said.

The school must apply the same policy to all such groups, he said.

Asked how the school could prevent a child from visiting with a religious group other than the one of the parents’ choice, Mateer said, “We’re going to look at that policy.”

The school district also has been allowing representatives of nonreligious groups to visit with students.

Examples, Mateer said, would be people mentoring children and military recruiters. He noted that the district cannot deny access to the recruiters under federal law.

Arkansas, Pages 13 on 01/27/2013

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