A Peoria Unified School District governing board member in Arizona has filed a lawsuit in federal court accusing district officials of violating her civil rights by denying her freedom to quote Bible verses during board meetings.
The Christian conservative nonprofit First Liberty Institute filed the complaint in U.S. District Court in Tucson on behalf of Heather Rooks on Sept. 26.
The suit names the Peoria Unified School District as the defendant in the case.
It claims, among other things, that district officials violated Ms. Rooks’s right to freedom of speech and religion under the United States and Arizona constitutions by claiming her quoting of scripture was unlawful.
At least one secular political action group threatened to sue the district if Ms. Rooks did not cease reading Bible passages during the public comment at board meetings.
The 28-page complaint filed by Ms. Rooks argues that legal and historical precedent and constitutional authority guarantee her the ability to openly and freely quote from The Bible.
“Heather Rooks isn’t a famous historical figure or a household name,” the suit states, “but she too wants to be part of the longstanding tradition of government officials solemnizing public occasions in this way.”
“After all, the current U.S. president, the first U.S. president, and an unbroken chain of U.S. officials in between have quoted scripture to solemnize official occasions or speeches, encourage their fellow citizens, and fortify themselves to carry out their official duties.”
“There is nothing unlawful about Rooks doing likewise.”
A mother of four children in district schools, Ms. Rooks won election to the five-member district governing board in 2022.
The governing board meets twice monthly to discuss and take action on policies and procedures affecting 36,000 students in 42 schools.
Legal Dispute
The suit states that Ms. Rooks’s comments made her a target of secular activist groups, claiming her quoting religious verse was unlawful under the Establishment Clause of the First Amendment to the U.S. Constitution.The Establishment Clause is a legal safeguard against the religious overreach of government and political influence over religion.
“To vindicate her statutory and constitutional rights as a board member and citizen, [Ms.] Rooks respectfully brings this action to declare those rights—and to dispel the confusion that regrettably clouded a practice as old as the Republic itself.”
On Jan. 12, Ms. Rooks recited a verse from Joshua 1:9.
“Have I not commanded you? Be strong and courageous. Do not be afraid; do not be discouraged, for the Lord your God will be with you wherever you go.”
She recited excerpts from Isaiah 41:10, Proverbs 22:6, Corinthians 16:13, and other Bible passages at subsequent meetings.
After the board met on Feb. 9, Secular Communities for Arizona—an activist group advocating for the separation of church and state—issued a complaint accusing Ms. Rooks of “unconstitutional proselytizing” by quoting scripture.
The group also claimed that doing so violated the Establishment Clause, including the state constitution and the board’s operation goals.
The suit states that the district board’s legal counsel, Lisa Anne Smith, emailed board members advising they couldn’t legally pray or recite scripture during board meetings.
Board executive assistant Kimberly Kontra then sent members an email summarizing Ms. Smith’s legal guidance.
“Board member acting in their role as such should not read scripture during a board meeting, as it violates the Establishment Clause. Legal counsel also stated that the First Amendment is not applicable in this situation, as one is speaking as a member of the public governing body, not an individual.”
At a board meeting on March 1, Ms. Rooks sought clarification from then-district Superintendent Jason Reynolds about the district attorney’s legal opinion.
Mr. Reynolds followed up with a memo to board members affirming the legal opinion, and at the board’s March 9 meeting, Ms. Rooks stood her ground by reciting Corinthians 16:13: “Stay awake, stand firm in your faith, be brave, be strong.”
On May 25, a staff attorney representing the national secular activist group Freedom From Religion Foundation sent a letter to the board claiming Ms. Rooks was using her position as a personal pulpit for religious indoctrination.
The organization urged the district to take whatever action was necessary to resolve the matter under threat of “unnecessary liability and potential financial strain,” the lawsuit adds.
At a meeting on July 13, Ms. Rooks agreed to refrain from reciting Bible verses “at this time and will have my attorneys at First Liberty Institute handle this matter.”
‘Absolute Immunity’
The suit asserts that the U.S. Constitution guarantees Ms. Rooks “absolute legislative immunity for statements made at public meetings,” acknowledging that no violation of the Establishment Clause occurred.Ms. Rooks “doesn’t coerce or call for anyone else’s participation. She doesn’t ask for anyone to bow their heads, stand, or participate in reading,” the suit states.
It adds that quoting Bible verses is “perfectly consistent” with the Establishment Clause, and to deny her that right violated the state and federal constitutions.
The suit asks the court to declare Ms. Rooks entitled to “absolute legislative immunity” for reciting Bible verses during board comments. It seeks an award of “nominal damages” for past violations of her civil rights.
The Epoch Times could not immediately reach First Liberty Attorney Andrew Gould and the district’s legal firm Gibson, Dunn & Crutcher in Texas for comment for this story.
