By MICHAEL LEMLEY
The Exponent Telegram
BLUEFIELD, W.Va. — A Mercer County mother has filed an appeal to overturn a federal judge’s decision to dismiss her case involving a Bible studies class previously taught at public elementary and middle schools.
Elizabeth Deal, on behalf of her daughter, and a woman identified as “Jane Doe,” along with the Freedom From Religion Foundation, filed a suit against the Mercer County school district arguing that its Bible in the Schools program violated the First Amendment and the West Virginia Constitution.
The case was dismissed by Senior U.S. District Judge David A. Faber. Faber cited that Deal’s daughter was no longer enrolled in a school in the district, nor did Deal give any indication that she would re-enroll her if the Bible studies classes were removed. She therefore had no concrete interest on whether the classes continued or not, Faber said.
Faber also said in his opinion that, because the Mercer County Board of Education voted in May to remove the classes from the curriculum, there was no potential for students to suffer harm from classes in the future.
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