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Opinion: Satan 1, Saucon Valley 0

A federal judge has sided with the American Civil Liberties Union in its suit against the Saucon Valley School District and issued a temporary injunction meaning that the controversial After School Satan Club will be allowed to use the school premises under the same rules as a Christian club.

For the last several months, district residents have been arguing whether the organization with the hair-trigger name should be allowed to use school property for its meetings and activities.

Originally, Superintendent of Schools Jaime Vlasaty said it was OK, but then all hell broke loose and even caught the attention of a North Carolina resident who threatened to come to Hellertown to take matters into his own hands.

The threat was deemed so credible that Vlasaty canceled classes on Feb. 22. She also rescinded permission for the club to use school facilities, saying, among other things, that it violated the district’s use-of-facilities policy by not having a disclaimer on its advertising materials noting that it is not a school-sponsored activity.

This change of heart for admittedly suspicious reasons caught the ever-vigilant attention of the Pennsylvania branch of the American Civil Liberties Union, which sent a letter to Vlasaty and the district’s solicitor threatening to bring legal action if the district did not allow the club to use its facilities.

Representing the club and its sponsor - The Satanic Temple - the ACLU accused the district of violating the organization’s First Amendment rights. It said that the government cannot deny access to the facilities based on the objections or reactions of others to formation of the club, citing a 2001 Supreme Court decision as the precedent.

The ACLU also said that the district’s given reason for barring the club - that the club had not clearly stated that it is not affiliated with the district - is “discriminatory.’’

The ACLU pointed out that the club’s sponsor included a disclaimer on its introductory parent letter and permission slips and that the Good News Club, the Christian organization mentioned earlier, had previously distributed materials without disclaimers.

“Imposing more stringent requirements on our clients than are enforced against the Good News Club or other groups that use school facilities constitutes an additional violation of our clients’ First Amendment rights,” the ACLU wrote.

The school district declined to rescind its refusal, so the ACLU filed the federal lawsuit, and Judge John Gallagher agreed that the district’s decision was based on The satanic Temple’s controversial views on religion and the community’s negative reactions. This motivation, Gallagher concluded, is “incompatible with the First Amendment. When confronted with a challenge to free speech, the government’s first instinct must be to forward expression rather than quash it, particularly when the content is controversial or inconvenient. Nothing less is consistent with the expressed purpose of American government to secure the core, innate rights of its people,’’ Gallagher wrote in his ruling.

Citing the district’s “brazen discrimination,’’ Sara Rose, deputy legal director of the ACLU of Pennsylvania, said, “This ruling sends a powerful message that the First Amendment protects the viewpoints and beliefs of all people and faiths. When a school district opens up its facilities, it cannot discriminate based on religious beliefs. This ruling reinforces the principle of equal access and ensures that all views have a fair opportunity to be expressed.”

“This is welcome news for Saucon Valley students and families seeking to participate in the supportive and inclusive community provided by ASSC meetings,’’ said June Everett, director of The satanic Temple’s ASSC programming. “The ruling affirms that schools may not discriminate against groups on the basis of their beliefs or faith. The district must allow all qualified organizations to use district facilities, even if some in the community object.”

In addition to the emergency relief granted, the lawsuit requests permanent injunctive relief against the district, as well as compensatory and nominal damages and attorneys’ fees.

Unless the school district appeals and decides to spend even more money on a case it is unlikely to win, the club is scheduled to have its first meeting at district facilities next Wednesday.

According to its literature, the club is an after-school project of The Satanic Temple, an American religious organization based n Salem, Massachusetts, and is sponsored by Reason Alliance, a nonprofit organization. It was created as an alternative to Christian-based after-school groups, specifically at schools that host the Evangelical Good News Club. According to its literature, the program neither teaches about Satanism nor attempts to convert clubgoers. “It instead teaches about rationalism and understanding the world around us.”

By BRUCE FRASSINELLI | TNEDITOR@TNONLINE.COM

The foregoing opinions do not necessarily reflect the views of the Editorial Board or Times News LLC.