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Provided they do not represent the school system, principals and other school leaders may employ their right of free speech to address students at private religions ceremonies.
The American Civil Liberties Union of Virginia today announced that it will ask Fairfax County Public Schools to rescind a policy banning school leaders from speaking at baccalaureate services. The ACLU says that if such services are privately run, as they must be to comply with the law, school leaders who attend have the same free speech rights as anyone else.
The Fairfax policy, adopted earlier this year, outlines the procedures for making sure that baccalaureates do not violate the principle of separation of church and state.
“ Fairfax County schools should be commended for creating a carefully crafted policy on baccalaureates that properly prevents these religious services from being organized, endorsed, or funded by the school system,” said ACLU of Virginia executive director Kent Willis. “In this way the baccalaureate’s organizers may enjoy their right to free exercise of freedom without any interference from the government.”
“ Rightly, Fairfax is concerned that school officials who speak at a baccalaureates will leave the impression that the school endorses the event,” added Willis. “But the proper approach to this sticky situation is not an outright ban. Instead Fairfax should simply advise principals and other school leaders to inform their baccalaureate audience that they are speaking as private citizens, not as representatives of the school . This will avoid any confusion.”
In an advisory opinion issued on July 11, Virginia Attorney General Judith Jagdmann comes to the same conclusion as the ACLU. But the ACLU is critical of Jagdmann’s reasoning, which is based in part on denying the principle of separation of church and state.
In her opinion, Jagdmann writes: “It has become mistaken for fact and as a principle of law that the United States Constitution requires the separation of church and state. Such presumptions are incorrect.”
In response, Willis said: “Principals are allowed to speak at baccalaureates in their private capacity because they have free speech rights, not because there is no such thing as separation of church and state. For the Attorney General of Virginia to deny the principle of separation of church and state in an official state document is irresponsible, misleading, and deeply troubling.”
Contact: Kent Willis, Executive Director, ACLU of Virginia, 804-644-8022