A student-led Bible Club has been approved at a New York middle school after officials initially turned down a student’s request to start the club claiming it could not “have a school-sponsored club associated with a religion” because it is “unconstitutional.”
First Liberty, along with attorneys from Jones Day are representing Elijah Nelson, an eighth-grade student who attends Waterville Central School District in New York. Over the last two years, Nelson has tried to start a Bible club to connect with classmates who share his faith.
According to the non-profit legal group, his first request was denied. Assistant Principal Lindsey Owens reportedly told Nelson’s father that the school would not officially recognize the Bible club because district lawyers had advised her that recognizing a religious club would “unconstitutionally” endorse religion.
She later gave the eight-grader two alternatives: either the club could meet informally during lunch while a staff member supervised the students without participating in the group’s activities, or the club could apply as an outside organization to use the school’s facilities after hours.
However, it would not be granted the same benefits as other clubs. The club would not be funded or provided an advisor.
In a letter to the school, attorneys with First Liberty allege that the school’s action did not honor the student’s rights “consistent with the federal law or the U.S. Constitution.” They add that its actions violated the Equal Access Act and the free speech and free exercise clauses of the First Amendment.
The Equal Access Act bars a school from denying religious clubs “equal access” or discriminating against them.
“By denying the same benefits to the Bible club that it provides to all non-curricular clubs, the school has missed the concept of ‘equal’ in the Equal Access Act,” said Keisha Russell, Senior Counsel at First Liberty Institute.
“The school’s actions are unconstitutional, and its justification is legally flawed. The Supreme Court has made clear that the Free Exercise Clause protects religious practices by both students and employees in public school settings.”
Liberty Counsel is demanding the school approve Nelson’s club by December 11 on “the same terms and conditions that govern official clubs” and warns of possible litigation if it is not approved. “The school is out of line. It has denied Elijah’s request simply because of its religious nature, and it has thereby violated the Constitution, federal law, and its students’ rights,” the letter reads.
Waterville Central School District’s superintendent, Dr. Jennifer Spring, told CBN News in a statement that when the student applied for the club in January, he was given inaccurate information about his ability to establish the Bible Club.
“There was renewed interest to start the club in September 2024. Superintendent approval was given and the students began meeting weekly in the library, which they have been doing since then,” she wrote in an emailed statement.
“In line with district policy, the Board of Education, by resolution, will formally establish the Bible Study Club during its December 10 meeting,” Spring added.
She continued, “At Waterville Central School District, we are committed to fostering an environment that values equity, diversity, and meaningful student engagement. We strive to provide all students with opportunities to learn, grow, and connect through various activities, including student-run clubs.”