First Amendment activists as soon as this week could file a legal challenge against the Ten Commandments monument displayed in front of Valley High School.

The Wisconsin-based Freedom From Religion Foundation, following up on a request it initially made in March, again contacted the New Kensington-Arnold School District in late August through a Pittsburgh attorney and demanded the removal of the nearly 6-foot stone monument.

“The District's display of a Ten Commandments monument at a public school is a clear violation of the Establishment clause of the First Amendment to the United States Constitution,” wrote attorney Marcus Schneider on Aug. 29.

Foundation co-president Annie Laurie Gaylor said on Monday the district has not responded to its latest letter, which set Sept. 7 as the deadline to indicate whether the monument will be removed.

“It's egregious,” said Gaylor of the display. “You don't proselytize high-schoolers with Bible verses when they come to school.”

School board President Bob Pallone said the board has not had time to review the foundation's most recent letter or decide on a course of action. At the board's only meeting since receiving the letter, they were focused on hiring a superintendent.

Pallone said the board plans to discuss the situation at its Sept. 27 meeting with their attorney, Tony Vigilante.

“My personal position is to fight them all the way,” Pallone said. “But that will need to be a board decision.”

Two New Kensington-Arnold parents plan to join the foundation in filing a federal lawsuit this week if the district doesn't respond, Schneider said.

Marie Schaub is one of the parents.

“We do not believe in public schools sending a message that endorses or promotes any religious views to our influential children with a large, permanent monument commanding they worship ‘thy God,'” Schaub said in an email.

“This monument excludes any student or parent who doesn't follow this particular religion and degrades them to second class citizens,” she wrote. “We have all kinds of people in this community, and sure, Christianity may be the majority, but the Constitution is here to protect those who are the minority such as American Indians, Hindus and other polytheists who may worship more than one god or no god at all.”

Schaub, who described herself as agnostic, said her family moved to the district last year but has lived in the Alle-Kiski Valley for many years. She did not want to identify her children, other than to say she has a teenage daughter who regularly encounters the monument.

“It's been very stressful feeling like you're one of only a few parents who are willing to stand up against an angry mob of people who think they're exempt from complying with the Constitution,” she said, “but I think it's worth the sleepless nights just knowing that I will contribute to every American's right to freedom from religion as well as freedom of religion.”

Schneider said the other parent joining the lawsuit wishes to remain anonymous.

“This monument represents an endorsement of religion by the state — by the public school district,” Schneider said. “That's pretty clearly been struck down by the Supreme Court.

“That's why we were hoping (the district) would comply without having to go to court, and it all could have been handled quietly.”

The large stone monument sits in front of the high school near the gymnasium entrance.

It was donated to the school in 1957 by the New Kensington Eagles.

Connellsville monument covered

An Eagles club also donated a similar monument to the Connellsville Area School District in 1957.

Connellsville officials last week covered their monument and said they plan to remove it in response to complaints from the Freedom From Religion Foundation and another organization promoting the separation of church and state.

About 150 people showed up for a demonstration Monday night to urge the district to keep the statue.

Schneider confirmed he sent Connellsville a request similar to the one sent to New Kensington-Arnold on behalf of the foundation and a Connellsville parent.

Connellsville officials have said they believe they will lose a costly fight if they go to court.

A neighboring church has agreed to accept and display the monument.

The decision was not popular: Vandals several times have removed the monument's covering and pastors planned a prayer meeting to protest the pending move before Monday's school board meeting.

The call to move Valley High School's monument also was met with resistance from the community, including a prayer vigil at the school last spring.

Legal experts have said the courts could uphold the district's monument if they decide it has historic significance above and beyond its religious symbolism.

However, experts also have said it does not weigh in the district's favor that the monument sits alone and is not part of a larger display that includes secular objects.

If a lawsuit proceeds, Schneider said it could be costly to the school district — not only would New Kensington-Arnold need to pay for its legal fees, but Schneider said the district could be required to pay the plaintiffs' costs if they win the battle.

“I'm still hopeful that if we file the complaint, the district still will decide there's no basis to defend a lawsuit,” Schneider said.

Liz Hayes is a staff writer for Trib Total Media. She can be reached at 724-226-4680 or lhayes@tribweb.com.

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