By DANIEL MURRAY | SEPTEMBER 19, 2018 12:06:55AM”We’re not going to get a chance to defend ourselves.
We have no recourse,” said Clayton County Clerk Michael O’Neil, who has sued to stop a local school district from selling a religious book.
Clayton’s lawsuit has been in court since February and has been thrown out.
The lawsuit alleges the book, called “The Gospel According to John,” promotes “the belief in the biblical Jesus as the Messiah” and is a book of “anti-Christian, anti-LGBT and anti-Islamic materials.”
O’Neil has not given a date for when his lawsuit might be heard, but he is hoping to put it to rest as soon as possible.
His lawsuit is not the only legal battle O’Neill has faced.
A lawsuit filed by another Christian family in Missouri against the city of Clayton and the school district is still in the trial court.
That lawsuit has also not yet gone to trial.
O’Neill’s lawsuit also seeks an injunction preventing the district from enforcing a rule prohibiting students from wearing clothing that “provides a depiction of the body in a sexual or immoral manner.”
He says that rule violates his constitutional rights to free speech, due process and equal protection under the law.
“It’s a fundamental violation of the First Amendment,” said O’Brien, the lead attorney in the case.
“If the district is going to violate the Constitution, it should have to follow the rules of the law.”
The Clayton School District did not immediately respond to a request for comment.
O’Neills lawsuit is the latest in a long line of legal battles for Christian families who want to protect their faith.
The First Amendment, the First Circuit said in its ruling, allows for public schools to allow students to wear whatever they want, including clothing depicting sex, nudity and other non-sexual objects, and allows schools to restrict religious expression, but the court found the district’s prohibition on “material depicting the body” was not supported by any “substantive basis.”
It also found the law was not justified because “there is no evidence that it will lead to the greatest amount of disruption to students and teachers.”