Supreme Court turns down Spartanburg cert: A loss for reason

The U.S. Supreme Court on Nov. 13 denied a petition for a writ of certiorari by the Freedom From Religion Foundation and its co-plaintiffs, asking the court to rule against academic credit for release-time instruction in Spartanburg (S.C.) public schools.

The petition, filed by attorney George Daly of North Carolina, opposed this “delegation of governmental power to a religious school” as “an excessive entanglement of church and state” prohibited under court precedent. 

The U.S. Supreme Court approved release-time instruction in the 1952 case, Zorack v. Clauson, allowing religious instructors to offer off-campus religious instruction once a week during the school day to willing public school students, provided there is no school district involvement.

“When the Supreme Court, I think misguidedly, approved release-time instruction, I feel sure the court never envisioned such students receiving academic credit for indoctrination,” said FFRF Co-President Annie Laurie Gaylor. 

“Accepting and passing on a grade for devotional religious instruction involves substantial school involvement. It grants an unfair advantage to students belonging to the community’s dominant religion, who can put on such instruction, and places nonreligious students at an academic disadvantage as well. What next? Students demanding extra credit because they’ve attended Sunday school?”

The facts involved a program at Spartanburg High School put on by an unaccredited bible school in a church next door to the high school. At the semester’s end, the bible school sent grades to the accredited Oakbrook Preparatory School. Without review, Oakbrook approved the grades and passed them on to the high school. The high school accepted the grades for academic credit without question, allowing up to two credits. There was no involvement by an accrediting agency over the course work.

“Respondent has granted to a religious institution the governmental power to decide whether a course of religious instruction qualifies for public school academic credit, without any assurance that the religious institution will decide the matter on secular grounds only. The district testified that if Oakbrook grants academic credit for a course entitled Laboratory for Intercessory Prayer, it would accept the credit. Bar Mitzvah training and Mass qualify for academic credit, if Oakbrook says so,” wrote Daly in the petition. 

He called it a delegation of governmental power to a religious group forbidden under Larkin v. Grendel’s Den (1982).

The lawsuit was filed in federal court in 2009. The petition was filed on Oct. 2. (To read the legal petition, visit and scroll to Nov. 13, 2012.)

FFRF thanks its local plaintiffs, Robert and Melissa Moss, FFRF member Ellen Tillett and George Daly, acting pro bono as attorney. Thanks also to Staff Attorney Patrick Elliott for his work on the case.

Freedom From Religion Foundation