religious freedom

In Victory for Parental Rights, Iowa Law Permits Students to Receive Religious Instruction

A recently enacted Iowa law now allows public school students to receive optional religious education during the school day, despite opposition from an atheist group.

Effective July 1, the bill authorizes Iowa students to receive up to five hours of “private religious instruction” per school week.  

The law’s stipulations include:

  • Religious instruction must be provided by a private organization and may not be conducted on school property.
  • Religious organizations must keep attendance records and assume liability for their students.
  • School funds may not be used to support religious programs.
  • Parents or guardians must notify the school that their child will be attending a religious program.
  • Parents or guardians must provide transportation to and from students’ religious classes.
  • Students may be excused for religious instruction up to five hours per week.
  • Students must agree to make up any school work they may miss during their absence.

Additionally, the law permits parents to take action against any school that does not allow students to attend religious instruction classes.

On Friday, Iowa Governor Kim Reynolds signed the bill (House File 870) into law. The bill previously earned a vote of 96-2 in the Iowa House of Representatives, followed by a unanimous vote of 47-0 in the Iowa Senate. 

These majority votes prevailed despite previous pushback from the anti-religion group, Freedom From Religion Foundation (FFRF).

When Ohio passed a similar law in 2023, FFRF sent letters to Ohio’s school districts expressing their disapproval: “Public school districts are not legally required to authorize released time bible study classes.”

FFRF specifically targeted LifeWise Academy, a program that seeks to provide “Bible-based character education to public school students”:

LifeWise’s goal is clear: they seek to indoctrinate and convert public school students to evangelical Christianity by convincing public school districts to partner with them in bringing LifeWise released time bible classes to public school communities.

Public school students have the First Amendment right to be free from religious indoctrination in their schools.

However, the Ohio and Iowa laws are consistent with the 1952 Supreme Court decision in the case of Zorach v. Clauson, which permitted New York City students to receive religious education during school hours:

No one is forced to go to the religious classroom, and no religious exercise or instruction is brought to the classrooms of the public schools.

A student need not take religious instruction. He is left to his own desires as to the manner or time of his religious devotions, if any.

Similar laws authorizing optional religious education have been passed in other states, including Oklahoma and Indiana.

In a recent statement, Alliance Defending Freedom (ADF) Senior Counsel Greg Chafuen said:

Parents have the right and responsibility to guide the upbringing and education of their children.

The government should not stop families from raising their children in their family’s faith.

As the U.S. Supreme Court explained, respecting parents’ decisions for their child to participate in released time programs “follows the best of our traditions.”

Such legislation does not inhibit students’ education, but rather ensures their First Amendment right to freedom of religion – a constitutional right that should never be infringed upon.

Related Articles and Resources

Bring Your Bible Day

Indiana Governor Signs Bill Protecting Students’ ‘Release Time’ for Religious Instruction

Christianity Invented Childhood. It’s Time We Defend it Again

Three Important Cases for Parental Rights, Supreme Court Rulings Expected Soon

California Family Wins Early Legal Victory for Parental Rights, Religious Freedom

Tennessee Governor Signs Bill Protecting Free Speech in Schools

Religious Liberty is the Preserver to Keep America Afloat

California Family Wins Early Legal Victory for Parental Rights, Religious Freedom

A California school district must allow parents to opt their children out of some activities pushing gender ideology, the Southern District Court of California ordered in a preliminary injunction issued last week.  

The decision is an encouraging early win for Carlos and Jenny Encinas. The parents of three young kids made the difficult decision to sue Encinitas Union School District last year after their 11-year-old son, a Christian, was forced to teach his kindergarten buddy about gender identity.

“[The preliminary injunction] prevents the school district from teaching [students] about gender ideology in the [kindergarten] buddy class program unless they provide advanced notice and opt out [opportunities],” the Encinas’ lawyer, First Liberty Attorney Kayla Toney, told First Liberty Live.

“That’s exactly what our clients were asking for all along.”

Background

The Daily Citizen interviewed Toney and Carlos shortly before the district court’s ruling. Carlos confirmed he and his wife weren’t itching for a grueling legal battle. They just wanted to opt their sons out of activities teaching gender ideology — or forcing their sons to teach gender ideology to others.

When La Costa Heights Elementary and Encinitas Union School District denied both of the Encinas’ opt-out requests, the couple had nowhere else to turn.

“We are seeking resolution from the court system because we have no other choice,” Carlos told us.

The Encinas family experienced ruthless bullying for trying to exercise their parental rights. Carlos and Jenny received threats and harassment online for being “hateful.” The couple’s two sons became targets of other children — and even adults — at school.

Eventually, the Encinas boys moved schools altogether. But the family remains determined to see their case through.

“I feel like God’s got a plan in this and chose my son and our family for a reason,” Carlos reflected. “I have absolute faith that we are part of a spiritual battle that is going to be part of an ultimate renewal.”

To read more of the Daily Citizen’s interview with Carlos, click here.

The Case

The Encinas’ case alleges Encinitas Union School District infringed on their family’s:

  • Parental rights
  • Right to freely exercise their religion
  • Free speech rights

The district violated Carlos and Jenny’s parental rights by denying their request to opt out of activities teaching gender ideology.

California law requires schools to allow parents to opt out of sex ed lessons. Encinitas Union claims this law only applies to material taught in traditional sex ed units, rather than sexual material in general. The Encinases argue parental opt-out requirements apply to all sexual content, regardless of the curricula it’s rolled into.

Toney sums up:

[The district] is claiming that they don’t have to provide [parental] opt-outs when the exact same material about sexuality and gender identity is taught in other classes, in younger grades, outside the sexual education unit.

The district also violated the Encinas family’s right to freely exercise their religion by denying their request to opt out. A school cannot constitutionally deny religious exemptions while granting other, non-religious exemptions. Toney expands:

The school is able to provide opt-outs, and is required in certain circumstances. It’s very common in a school environment.
[But] the free exercise clause says that, if there’s a system of exemptions for any reason, then religious exemptions have to be provided too. Religion can’t be treated less favorably than other interests.

Encinitas Union School District violated the Encinas’ eldest son’s free speech rights by forcing him to teach gender ideology to his kindergarten buddy. Toney explains:

Our position is that what happened to Carlos’ son was compelled speech, because the government — the school district — was using the children to teach its own message about gender that directly conflicted with [his] religious beliefs.

The Supreme Court has considered “compelled speech” a violation of the free speech clause for nearly a century.

The Ruling

The Southern District Court of California granted the Encinas family’s request for preliminary injunction against the district. The injunction will not only prevent the district from violating parents’ rights while the case is adjudicated, but also require schools like La Costa Heights to notify parents about sexualized lessons.

Until now, Carlos tells the Daily Citizen, these lessons have been shrouded in secrecy.

“In talking to other parents, we discovered a pattern in the way the school and the district suppressed objections to [inappropriate sexual material],” he explained. “It was like they wanted to hide how they were promoting some of this stuff in the classroom.”

The judge largely affirmed the Encinas’ arguments, according to Toney — an encouraging sign for future rulings. He expressed particular concern over the district’s alleged free speech violations.

“The judge here was very focused on the children, and how children have a right to believe in God,” Toney recounted to First Liberty Live. “They have a right to express their faith and they have a right to not be forced to express a message that they disagree with.”

Mahmoud v. Taylor

The U.S. Supreme Court heard arguments in a case similar to the Encinas family’s just last month.

In Mahmoud v. Taylor, families of diverse faith backgrounds argue a Maryland school district violated their right to freely exercise their religion after the district taught LGBT children’s books in elementary school classes — without notice or the chance to opt out.

Like Encinitas Union School District, Montgomery County Public Schools tried to get around parental opt-out requirements by rolling inappropriate sexual material into other subjects. Outside of sex ed, Montgomery County tried to argue, the school district isn’t required to allow parents to opt out.

As the Daily Citizen previously reported, the six conservative justices seemed sympathetic to parents during oral arguments, expressing concern that Montgomery County could be burdening families’ religious exercise.

Carlos felt profound relief after listening to the case.

“It was amazing to hear some of the highest legal authorities in the land ask some of the questions we, ourselves, asked early on.” he told the Daily Citizen.

Like, “Wait a second, why can’t you guys opt us out of this? We just don’t want to participate.” To have a Supreme Court justice ask that same question over and over again, and get the same unclear explanation, and then have that justice come back and say, “Wait hold on, I’m still not understanding the answers” — that’s another kind of inspiration.

To learn more about Mahmoud v. Taylor, click here.

Why It Matters

The Daily Citizen is grateful to the Encinas family for putting themselves on the line to protect the right of all parents to raise their children according to their faith.

We will continue to cover this important case.

To read more about the Encinas’ story, click here.

Additional Articles and Resources

California Family harassed After Trying to Opt-Out of Activities Teaching Gender Ideology

Supreme Court Sympathetic to Opt-Outs for LGBT Curriculum

Common Spirit Denied Teen Body Medical Care After Parents Objected to Doctor’s Bizarre Questions

Three Ways the Media Supports Sexually Explicit, Inappropriate Books for Children

Liberal Father Seeks to Disprove Concerns Over Sexually Explicit Books in Schools, Becomes Convinced These Books Are Not for Children

Sexualizing Schoolchildren: Classroom and Library Books

Religious Liberty is the Preserver to Keep America Afloat

At an ecumenical prayer breakfast in Dallas back in 1984, President Ronald Reagan said,

“Without God, there is no virtue, because there’s no prompting of the conscience. Without God, we’re mired in the material, that flat world that tells us only what the senses perceive. Without God, there is a coarsening of the society. And without God, democracy will not and cannot long endure. If we ever forget that we’re one nation under God, then we will be a nation gone under.”

Those words swirled in my head, as I had the honor to attend the Rose Garden ceremony as President Donald Trump announced the formation of a presidential commission to protect religious liberty. The commission members are:

Texas Lt. Governor Dan Patrick, chair
Dr. Ben Carson, vice chair
Ryan Anderson
Bishop Robert Barron
Carrie Boller
Cardinal Timothy Dolan, archbishop of New York
Rev. Franklin Graham
Allyson Ho
Dr. Phil McGraw
Eric Metaxas
Kelly Shackelford
Rabbi Meir Soloveichik
Pastor Paula White

In his executive order announcing the commission, Trump stated,

“It shall be the policy of the executive branch to vigorously enforce the historic and robust protections for religious liberty enshrined in Federal law.  The Founders envisioned a Nation in which religious voices and views are integral to a vibrant public square and human flourishing and in which religious people and institutions are free to practice their faith without fear of discrimination or hostility from the Government.”

The commission will protect parental rights, conscience and school choice. It will also address anti-religious bias and government overreach and advise the White House on policies to safeguard religious liberty.

The present struggle over religious liberty, and the need for such a commission, boils down to two competing sides. The first side believes they have a fundamental right protected by the First Amendment to practice their faith freely and openly in society. The second believes religious liberty is not a fundamental right, and any mention or practice of faith in the public square is a dangerous conflation of church and state.

Unfortunately, for the past 60 plus years, any public display of faith by an individual or community – prayers by elected officials, religious content in public schools, and many other expressions of religious conviction – has come under attack.

The result has been, as Reagan so eloquently noted, a coarsening of society with Americans now warring against each other rather than standing together in a common bond of unity, regardless of their faith.

If there is a real attack on democracy, it is because of this lack of respect for religious liberty.

President John Adams warned us of this in 1798 when he told the Militia of Massachusetts: “Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other.”

Daniel Mark, an assistant professor of political science at Villanova University and an Orthodox Jew, understands this. He has written that religious freedom is under attack because traditional beliefs are a threat to radical autonomy. He concluded: “We need to discover – or recover – a proper account of rights. This begins with a proper grasp of the good of religion, and finally, all of the goods that constitute human flourishing.”

Or in the words of another great American, President Dwight D. Eisenhower, in his 1953 inaugural address:

“We who are free must proclaim anew our faith. This faith is the abiding creed of our fathers. It is our faith in the deathless dignity of man, governed by eternal moral and natural laws. This faith defines our full view of life. It establishes, beyond debate, those gifts of the Creator that are man’s inalienable rights, and that make all men equal in His sight.”

He then added a short sentence that succinctly sums up our nation’s current state: “A people that values its privileges above its principles soon loses both.”

It is no coincidence that the roots of our present poisonous public discourse can be traced to the abandonment of religious liberty. If we are to preserve our fragile union, it is critical that we set aside our differences and restore religious liberty for all. Otherwise, as Adams, Eisenhower and Reagan warned us, we will lose it all.

That is why I see the establishment of this commission by President Trump as a hopeful first step to bringing about that restoration so that we can once again, be “One nation under God, indivisible, with liberty and justice for all.”

‘Everyday Americans’ Honored at Address to Congress

First lady Melania Trump invited “everyday Americans as special guests” to President Trump’s address to a joint session of Congress on Tuesday.

Several guests had ties to family issues that are important to Focus on the Family, such as God’s design of humans as male and female; saving girls sports, serving children in the foster care system; and protecting parents’ rights to direct the educational upbringing of their children.

Attendees included family members of victims of violence, a mom whose parental rights were assailed by her daughter’s school, a young lady who had been a foster child, and a steelworker who, along with his wife, provided “a loving home to dozens of foster children.”

In addition, a few “surprise guests” attended the speech, including Jason Hartley, a young man was just accepted into the U.S. Military Academy at West Point and 13-year-old D.J. Daniel, who was diagnosed with brain cancer at age seven. D.J. was made an honorary law enforcement officer of several police departments; Secret Service Director Sean Curran made him an agent of the U.S. Secret Service during the speech.

Here are three of the “everyday Americans” honored by the president and first lady involved in issues we care about.  

Payton McNabb – Athlete’s story demonstrates why we should respect the distinctions between male and female.  

The Independent Women’s Forum, where Payton serves as an ambassador, described how McNabb was injured by a transgender-identified male in a volleyball game her senior year of high school:

On September 1, 2022, during a volleyball game against a rival North Carolina high school, 17-year-old Payton McNabb received a devastating head and neck injury as the result of a spike by a male athlete who identified as transgender. …

The blow left her unconscious, and “the ball’s impact caused neurological impairments including a concussion, vision problems, and partial paralysis to the right side of her body.”

In a White House video posted on X, McNabb said she still deals with these health issues today.

The president told Payton that because of an executive order protecting girls and women’s sports, “From now on, schools will kick the men off the girls team or they will lose all federal funding.

Jeff Denard – Hardworking father and his wife generously give time and love to children in foster care.

Melania Trump described Denard, saying, “Jeff has spent nearly three decades working at a steel plant owned by Nucor Steel. His good paying, middle class job at the steel plant has allowed Jeff to serve as volunteer firefighter, provide a loving home to dozens of foster children, and organize his fellow steelworkers to respond to natural disasters, including Hurricane Helene.”

In a post on X, Denard said he and his wife, Nicole, have been married for 25 years and have seven children. He explained their work in foster care, saying,

“My wife and I are also ranch managers of the Circle Ranch, out in Danvill, Alabama. We have about 38 children on-site. We have been fostering now for about three years and have had about 41 children through our homes.”

“We are so blessed. God’s been so good to us that we’re able to do this.”

The Circle Ranch defines its purpose:

Our mission is to provide a stable, supportive, and Christ-centered environment for these children and their foster families, as well as to equip and empower them for a successful future. We believe that every child deserves a chance to grow up in a family environment that reflects the love of God.

The ranch also serves as “a hub for other foster, adoptive, or kinship families in North Alabama,” adding, “Our aim is to create a network of support and resources for all the families who are involved in this noble and challenging calling.”

January Littlejohn – Mom’s story exposes threats to parental rights in education.

Almost five years ago, January and Jeffrey Littlejohn filed a lawsuit against the Leon County School Board for violating their parental rights by secretly affirming their daughter, who was only 13 years old at the time, in her gender confusion, as the Daily Citizen reported.

Three staff members met with the girl and developed a “Transgender/Non-Conforming Student Support Plan.” The staff asked the girl how she wanted to be identified, what pronouns to use when speaking about her, whether she wanted to use the girls or boys bathroom, and whether she felt more comfortable rooming with boys or girls on overnight trips – all without her parents’ knowledge or consent.

In a video on X describing what happened to their daughter, Littlejohn explained the damage inflicted on their daughter, saying, “We learned that the school had socially transitioned our daughter, where they asked her questions that would have absolutely impacted her safety and had harmful impacts on her psychological and physical well-being.”

She said that the school’s tactics were designed “to effectively deceive parents like us that these social transition plans ever happen.”

The first lady’s announcement about Littlejohn’s invitation described the harms from hiding information from parents, “The school drove a wedge between January’s daughter and her parents, and deceived January about their covert plan to transition her daughter.”

Related Articles and Resources

‘Equipping Parents For Back-To-School’ – Updated Resource Empowers Parents

Florida Parents Sue School for Helping Teen ‘Transition’ – Without Their Knowledge or Consent

Male and Female Biology Matters

Trump Signs Executive Order Protecting Women’s Sports and Spaces

What’s Your School District’s ‘Transgender’ Policy?

Yet Another Man Steals Women’s Trophies

Foundational Values

Resources: Foster Care and Adoption

Wait No More

Stop, Let Me Tell You: Good News Clubs Win Victory in Hawaii

A federal court granted a permanent injunction giving Child Evangelism Fellowship (CEF) and its Good News Clubs access to school facilities in Hawaii.

The U.S. District Court for Hawaii ruled:

Defendant, Hawaii Department of Education is required, under the First Amendment, to provide Child Evangelism Fellowship access to Defendants’ facilities that is equal to and on the same terms as other similarly situated nonreligious organizations offering programs to students in Hawaii.

The court also ruled that Hawaii’s DOE must pay $100,000 for attorney’s fees and costs. It’s yet another important victory for free speech and religious freedom – both of which are increasingly under assault by government agencies. 

If, like this writer, you grew up in Sunday School or attending a Good News Club you may be familiar with Child Evangelism Fellowship (CEF) songs like “I Have Decided to Follow Jesus – No Turning Back” and “Stop and Let Me Tell You” – with a red stop sign and lyrics explaining, “What the Lord has done for me.” The flip side of the sign is green, exhorting believers, “Go and tell the story, Of the Christ of Calvary.”  

Or you may remember The Wordless Book, a visual tool for sharing the gospel with children, using colored pages to present basic Christian teachings: gold, representing God and Heaven; dark, for man’s sin and separation from God; red, illustrating the blood of Christ and his sacrifice; white, depicting cleansing and forgiveness through repentance and faith; and green, signifying growing in the faith.

CEF has been in ministry for more than 85 years, working “to evangelize boys and girls with the Gospel of the Lord Jesus Christ, disciple them in the Word of God, and establish them in a Bible-believing church for Christian living.”

The organization is primarily known for its Good News Clubs, where children gather after school for an hour, in churches, homes, schools and community centers, to hear a Bible lesson, memorize Scripture and sing gospel songs.

Other CEF ministries include 5-day Clubs that meet in June; Boxes of Books, supplying missionaries with children’s books; and digital television and radio ministries.

With more 3,500 workers, CEF reached more than 29.2 million children around the world in 2023. In the U.S. alone, CEF has 3,041 Good News Clubs in public schools.

But in Hawaii, the ministry was stymied by six different elementary schools and the Department of Education, which denied the ministry access to school facilities to run it’s after-school Good News Clubs. Hawaii’s DOE operates as a single state-wide school district, and use of facilities was denied even though they were open to other non-religious groups.

Liberty Counsel, a Christian legal aid group dedicated to advancing and defending the gospel, filed a lawsuit on behalf of CEF Hawaii in January 2024. The suit alleged the DOE and the schools discriminated against CEF, “violating the First and Fourteenth Amendments to the United States Constitution, state laws, and school policies.”

The discrimination occurred in spite of the fact that the Equal Access Act, federal law since 1984, requires the nation’s public schools to create a level playing field for the creation of all sorts of student clubs. It is nothing less than amazing that 40 years later, public school administrators still violate it all the time. 

In addition, Hawaii schools were ignoring a similar case, in 2001, where the U.S. Supreme Court ruled on behalf of CEF when a New York school denied the organization’s request to use school facilities for its after school program.

In that case, Good News Club v. Milford Central School, the court ruled in a 6-3 opinion that the school violated CEF’s constitutional rights. Justice Clarence Thomas, writing for the court’s majority, stated in his opinion:

This case presents two questions. The first question is whether Milford Central School violated the free speech rights of the Good News Club when it excluded the Club from meeting after hours at the school. The second question is whether any such violation is justified by Milford’s concern that permitting the Club’s activities would violate the Establishment Clause.
We conclude that Milford’s restriction violates the Club’s free speech rights and that no Establishment Clause concern justifies that violation.

In a statement about this recent victory, Liberty Counsel Founder and Chairman Mat Staver said:

This is a great victory for Child Evangelism Fellowship, parents, and the students in Hawaii public schools. The U.S. Supreme Court has ruled that public schools cannot discriminate against Christian viewpoints regarding use of school facilities.

He added:

Child Evangelism Fellowship gives children a safe space that offers moral and character development from a Christian viewpoint. Good News Clubs should be in every public elementary school.

The organization stated, “Liberty Counsel represents CEF nationally and has never lost a case involving Good News Clubs.”

Related articles and resources:

‘Equipping Parents For Back-To-School’ – Updated Resource Empowers Parents

Federal Judge Refuses to Protect High School Christian Club from Harassment, De-recognition

Fellowship of Christian Athletes Told to Change Its Theology at a Montana High School

Florida High School Won’t Recognize a Student Pro-Life Club Because It’s “Too Political”

Focus on the Family Broadcast: Protecting Your Child’s Faith in Public School

New York High School Rejects New Christian Club After Stalling for Months