A federal judge has dismissed a lawsuit by the Oklahoma State Department of Education aimed at stopping a prominent atheist legal organization from pressuring a public school district to halt its voluntary prayer practice.
U.S. District Judge John F. Heil for the Eastern District of Oklahoma, a Trump appointee, issued an opinion and order on Wednesday dismissing the lawsuit against the Wisconsin-based Freedom From Religion Foundation.
“Plaintiffs have not alleged that they have suffered some actual or threatened injury. Plaintiffs’ generalized statement of injury is nothing more than conjecture,” wrote Heil.
“Plaintiffs have failed to show an injury in fact. Accordingly, Plaintiffs lack standing and this Court lacks jurisdiction. As this issue is dispositive as to Plaintiffs’ claims, the Court need not address additional arguments set forth in the parties’ briefing, and this action must be dismissed.”
Earlier this year, Oklahoma officials filed the complaint against FFRF over efforts to get Achille Public Schools to quit allowing students to say prayers during morning announcements.
Heil granted the FFRF’s motion to dismiss the lawsuit and dismissed the lawsuit without prejudice, which means it can be filed again.
“We are so pleased that Walters’ frivolous lawsuit seeking to muzzle FFRF and our free speech rights was promptly dismissed,” says FFRF Co-President Annie Laurie Gaylor in a statement.
“It was an outrageous attempt by a Christian nationalist public official to attack FFRF’s work to uphold the First Amendment. FFRF will continue our vital work to protect the constitutional rights of students and families around the nation, including in Oklahoma.”
In late March, Oklahoma Superintendent of Public Instruction Ryan Walters filed the lawsuit after FFRF sent a cease-and-desist letter to Achille School District.
“The Plaintiffs will have an irreparable injury, should the Defendant be permitted to continue its threatening and harassing behavior. By contrast, the Defendant cannot show any harm whatsoever, should an injunction be granted,” read the complaint.
“The Plaintiffs request that this Court issue an injunction enjoining the Defendants from usurping the constitutional and statutory authorities delegated to the State Superintendent and the State Department of Education.”
Walters vowed in a statement at the time that “Oklahoma will never be bullied by radical, out-of-state atheists who use intimidation and harassment against kids.”
“The Freedom From Religion Foundation has no stake in our schools, no authority over our communities, and absolutely no right to trample on the First Amendment,” Walters said. “Their threats are nothing more than a desperate attempt to erase faith from public life, and we will fight them at every turn.”
