School Board decisions against After School Satan Clubs are becoming expensive

MEMPHIS, Tenn. – The Memphis-Shelby County Schools Board of Education (MSCS) has agreed to a $15,000 settlement with The Satanic Temple following a lawsuit filed by the Freedom From Religion Foundation (FFRF) in March on behalf of The Satanic Temple. The lawsuit alleged “serious First Amendment violations” by the school district.

We should first note that The Satanic Temple (TST) is a non-theistic religious and activist organization that uses the symbol of Satan to promote secularism and individual liberties. Founded in 2013 by Lucien Greaves and Malcolm Jarry, TST does not believe in the supernatural or worship Satan. Instead, it advocates for the separation of church and state, social justice, and the protection of individual freedoms, including reproductive rights and LGBTQ+ rights. The organization has little to do with Paganism; however, it emphasizes government neutrality regarding religion and consistently challenges Christian hegemony in the American public sphere. Thus, TST’s advocacy affects many Pagans and Pagan institutions.

FFRF is a non-profit organization founded in 1976 and based in Madison, Wisconsin, dedicated to promoting the separation of church and state and educating the public on matters related to atheism, agnosticism, and free thought. The organization regularly lobbies on behalf of secularism, files lawsuits, and issues complaint letters to government entities that endorse or promote religion inappropriately, while also working on public education on the importance of a secular government. It also hosts a regular podcast called Freethought Radio.

In December 2023, MSCS held a press conference regarding the plans for the Afternoon Satan Club at Chimneyrock Elementary School, which was expected to begin on January 10, 2024. In a statement on December 12, 2023, MSCS wrote:

Dear Chimneyrock Family,

We understand that some of you have questions regarding the recent approval of a facility rental to The Satanic Temple, a federally recognized non-profit organization.

As a public school district, we’re committed to upholding the principles of the First Amendment, which guarantees equal access to all non-profit organizations seeking to use our facilities after school hours. This means we cannot approve or deny an organization’s request based solely on its viewpoints or beliefs.

Board Policy 7002 outlines this commitment, allowing community groups and government entities to rent school property outside of school hours. These gatherings are not school-sponsored and are not endorsed or promoted by Memphis-Shelby County Schools.

The Satanic Temple, recognized by the Internal Revenue Service as a 501(c)(3) public charity, falls under this policy and has the same legal rights to use our facilities after school hours as any other non-profit organization. It will be renting the facility in January, after school. You may read more about the organization in an online news story from the Washington Post.

We understand that this topic may raise questions. Thank you for your understanding and continued partnership.

Memphis-Shelby County Schools Media Relations

MSCS appears to have made no such statement or raised any concerns about the Christian club on campus. Althea E. Greene, MSCS Board chair, then said, “Satan has no room in this district,” and along with 40 faith-based leaders and clergy, announced her disapproval of the program. “We can uphold freedom of speech while uplifting our students and families,” Greene added.

Lady Justice [Pixabay]

According to TST, the “After School Satan Club” has the right to operate at the K-5 school under a 2001 Supreme Court ruling, which also grants the same right to the Good News Club, a “Bible Club” sponsored by Child Evangelism Fellowship, a “a Bible-centered organization composed of born-again believers” that trains “Christians to effectively minister to children”.

FFRF sent three complaint letters to the district, condemning the “deeply concerning and discriminatory remarks” and urging the district to uphold the First Amendment by allowing the Temple to rent facilities in line with the district’s written policies. In response, FFRF claims the district imposed a “special security fee” exceeding $2,000 and a $250 charge for “field lights”—fees that were never applied to other organizations regularly using the school’s facilities.

The Temple paid these fees, and on January 10, the first After School Satan Club meeting was held at Chimneyrock Elementary. Various district administrators, school board members, and clergy members protested the club’s launch at the entrance of the building. According to FFRF, the district obstructed The Satanic Temple’s attempts to establish the After School Satan Club at Chimneyrock Elementary School in Cordova. The club encountered several issues, including over $2,000 in additional security fees and canceled reservations—challenges that other organizations, such as the Evangelical Good News Club, did not face.

FFRF also asserts that the district “refused” to adequately communicate with The Satanic Temple, canceled the club’s reservations, and treated its members as second-class citizens. “The board will pay over $15,000 to resolve the suit. That includes $14,845 in attorneys’ fees and costs to FFRF and cooperating counsel,” the press release said. “The board will also pay one dollar for nominal damages to The Satanic Temple and $196.71 for various fees previously paid by the Temple in connection with rental reservations that had not yet been refunded.”

In November 2023, the Saucon Valley School District agreed to a $200,000 settlement after the district reversed its initial approval of an After School Satan Club under public pressure. Under that settlement, the district must provide TST and the ASSC with the same access to school facilities as other comparable organizations. The agreement also prohibits the district from retaliating against TST, the ASSC, their volunteers, and their members based on their viewpoint or their exercise of First Amendment rights. Additionally, the district has agreed to pay $200,000 in attorneys’ fees and costs to TST’s legal team.


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