First Liberty Institute and the law firm Gibson Dunn & Crutcher LLP announced this week that they will appeal the decision by the United States District Court for the District of Arizona that rejected Heather Rooks’ request for absolute legislative immunity for reciting scripture during the Peoria Unified School District Board meetings. The lawsuit was filed after Heather, a school board member, was told she could not recite scripture verses during the open comment portion of the meetings.
Erin Smith, Associate Counsel for First Liberty Institute said, “After the school district said that reading Bible verses during the open forum violated the Constitution, Heather asked the federal court to decide if the school district was correct. However, when that time came, the school district backtracked and said it didn’t want the court to decide whether Heather’s scripture reading was allowed, and instead it would allow her to say the Bible verses going forward. Heather plans to resume saying the Bible verses at the next board meeting, and appeal the district court’s ruling to ensure her speech remains protected.”
Ms. Rooks began her term as an elected member of the Peoria School Board member in January 2023. During each Peoria School Board meeting, the agenda includes a brief “Board comments” period where individual board members may offer remarks of their own choosing. Since the beginning of her public service on the board, Ms. Rooks has opened her comments by quoting a short scripture from the Bible. The Peoria School Board subsequently received letters from anti-religious organizations demanding it stop Ms. Rooks from reading scripture. The school board chairman instructed Ms. Rooks to stop quoting scripture during meeting time specifically set aside for board members to comment on any topic they choose.