BAKERSFIELD, Calif. (KERO) — There’s a big disagreement in Kern County — the possibility of showing religious displays at KCSOS public schools is causing controversy. If this goes to court and the board loses, local taxpayers might have to pay.
The Kern County Superintendent of Schools is facing tough questions as it considers placing the Ten Commandments at its school sites. If the issue ends up in court — and the board loses — who would be responsible for a significant legal bill?
An outside group called Liberty Counsel says it will provide free legal services should the school board be successfully sued. However — if the board loses — Liberty Counsel would not cover damages or attorney fees.
Mat Staver, the founder of Liberty Counsel, says, "If in the scenario where there's a loss and there were a requirement to pay, for example, attorney fees to the other side, that's something the county or the school district, or whatever governmental entity is at issue, would have to address with their own insurance coverage. And that’s something that's totally separate from representation."
Last week, I reached out to the ACLU of Southern California after learning that they — along with Americans United for Separation of Church and State and the Freedom from Religion Foundation — sent a letter to the board.
In that letter, they lay out why they believe the proposed display is unconstitutional.
Jonathan Markovitz is the Senior Staff Attorney with the ACLU SoCal. I asked, “Is there any idea you guys would sue against the Kern County Board of Education?”
Jonathan says, “I don't know that we would, but it certainly is possible. One of the points we wanted to make is that regardless of whether we sue, somebody is very likely to, and the resolution clearly would not hold up under constitutional scrutiny.”
At the last board meeting, the board said more research and investigation is needed before they take it to a vote.
I’ve reached out to several members of the KCSOS board for clarification on how they plan to handle potential legal costs, but have not heard back from any of them.
The next scheduled KCSOS board meeting is set for December 9th. No word yet on whether the board still plans on pursuing this issue.
Stay in Touch with Us Anytime, Anywhere:
