DOC said:
I mean do your really think the public school teacher in Utah would be able to attend that after hour bible club on public school property if it wasn't for the American Center of Law and Justice.
Yes, I do. In fact, I'll bet that if the teacher and students had contacted the ACLU they would have been willing to represent them as they have a right to meet together just like the French Club, History Club, Dungeons & Dragons Club or heck, even the Atheist Club. This whole "Evil, atheist, Communist, queer loving, Jesus hating, smut peddling, liberals are trying to make it illegal for you to pray and soon the black helicopters will be using listening devices to detect prayers in your own home and the NWO Stormtroopers will be breaking down your doors and hauling you and your children off for re-programming" is wearing a bit thin. As long as the Bible Club meets during off hours and isn't part of the school curricula they have as much right as the Glee Club, the Muslim Club, or the Gay Teens Club etc. to meet. Students and faculty can pray all they want too as long as it doesn't interfere with the curricula and it isn't forced upon students in any "official" capacity. If a student wants to say a quick prayer before a test that's perfectly within his/her rights as a citizen as long as the prayer doesn't disturb other students during their studies. An example of the sort of thing that is illegal would be the superintendent using the PA system prior to the SAT exams to announce "And now all students and faculty bow your heads as I recite a prayer to our lord Jesus Christ".
The reason the after school club is legal is that it does not interfere with the standard curricula, it is not imposed as an official religious activity of a state institution, and those who want nothing to do with it have the freedom to have nothing to do with it. The school is simply providing a space where students with a common interest can meet.
The reason the pre-test PA prayer announcement is illegal is because it involves a state institution imposing a religious practice on everyone regardless of their own desires.