Legal Question in Constitutional Law in West Virginia

Re: Church v. State

If non-religious groups can also use the auditorium while school is in session, then there is probably no problem in letting the crusade use it. In fact, if the crusade were denied access because of its religious focus while non-religious groups would be allowed access, then the denial would be a violation of the Crusade's (or its members') right to free exercise of religion under the First Amendment.

If the BOE or the city made special arrangements which allow the crusade access which other groups could not have, then it looks to me like a violation of the establishment clause of the First Amendment.

Re: Church v. State

No one can answer a question such as your question based on such a brief summary of the facts. Even knowing all the relevanat facts it would be difficult to predict how a particular court might rule.

I am not sure how your assumption that students and religious event participants will "mingle" during regular school hours is supported. If it is just a matter of students seeing people walking into an auditorium, I doubt that would be considered a problem just because the people are religious people. However, if students are being exposed to religious messages, either spoken or written, merely by going to school that may well cross the line.

If the school allows, for example, a local drama club, to use the school auditorium to put on a play then it should allow a religious group to usethe auditorium with the same sort of conditions and restrictions. Only if the school doesn't allow non-religious groups to use the auditorium would it be wrong to allow the religious group to use it.

That is not the end of the inquiry, however. The school would have to prevent the religious group from prosletyizing during school hours or attemptijng to promote its message to anyone who did not voluntarily choose to hear the message during a time ordinary school functions are in progress.

In short, I think it would be possible for the event to be held without any of the students being exposed to something that would be considered state sanctioned promotion of a particular religious view, but I can also forsee things occurring that would cross the line.

If I were you, I would speak to principal or superintendent explain your concerns and ask what precautions are planned to ensure the problems you are worried about are prevented.

You are correct that religious groups have the right to access to public school facilities on the same basis as non-religious groups. This means that if a school allows secular groups to meet on school property it must also allow religious groups to meet. The school caanot discriminate among groups.

Your question provides very little information as to what the groups will be doing in the school auditorium and whether it is during regular school hours or just on days when there is school.