(PHOTO: MERCER COUNTY SCHOOLS)
The Mercer County Board of Education Administrative Offices, located in Princeton, West Virginia.

A West Virginia school district being sued for offering an elective Bible class has filed a motion to dismiss the suit brought by an atheist group.

Mercer County Schools is being sued by the Wisconsin-based Freedom From Religion Foundation for offering a course called “Bible in the Schools” since 1939.

The First Liberty Institute, a Texas-based legal firm, filed the motion to dismiss earlier this week on behalf of the school district.

In their motion, First Liberty argued that the FFRF lawsuit should be dismissed in part because the plaintiffs lack the standing to sue Mercer County Schools.

“The purported harms Plaintiffs allege are merely speculative, resulting from choices the [Plaintiffs] say they may have to make well into the future and related fear of potential ostracism that is grounded only in speculation, not in fact,” read the motion.

“Plaintiffs lack standing to make those allegations because they have never actually encountered that curriculum and do not say it drives their decision-making (on the contrary, they allege only that the per se existence of a course in the Bible will cause them to be injured).”

The motion also argued that the suit should be dismissed because they say it is “a facial attack on Mercer County’s constitutional right to offer optional Bible classes in public schools for the benefit of the many students who are interested in receiving Bible instruction.”

“Plaintiffs’ Complaint does not attack the particular curriculum of the Bible classes offering in Mercer County Schools; instead, it attacks the fact that any such classes, regardless of specific curriculum, exist,” continued the motion.

“This does not state a cognizable legal claim, and flies in the face of decades of precedent. This requires dismissal with prejudice.”

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SOURCE: The Christian Post
Michael Gryboski

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