PEORIA, Ariz. — The Peoria Unified School District is facing a lawsuit from one of its school board members who is being supported by a national conservative legal group.
Reading a Bible verse is how Peoria school board member Heather Rooks, who was seated on the board in January, often starts her public meeting comments.
“It gave me strength and it gave me the courage as a board member during those board meetings because they get pretty hectic, they get very stressful," Rooks told 12News.
Rooks said she was told by the school board's attorney that reciting Bible verses during an open meeting is against the law.
“I received a letter from the school district directing me to stop reciting Bible verses during school board meetings. The district asserts that doing so violates the establishment clause of the first amendment," Rooks said during a July meeting.
The establishment clause bans the government from establishing or favoring a religion.
Documents show multiple organizations secular organizations threatened litigation if Rooks continues citing the Bible.
School board President David Sandoval reminded Rooks of these warnings during a meeting six months ago.
“We were also told that reciting scripture at a board meeting on this side of the dais goes against the establishment clause as well," Sandoval said in March.
Rooks claims this is a violation of her First Amendment rights and is now suing Peoria Unified School District to allow her to quote the Bible once again.
“Our lawsuit seeks a declaration and an injunction from the federal district court saying she can read her verses, that reading a verse during a board meeting doesn’t violate the establishment clause," Rooks' attorney Andrew Gould said. "It is a protected right under the free exercise clause of the First Amendment. It’s a protected right under the free speech protection of the first amendment, as well.”
Gould is a former justice of the Arizona Supreme Court who stepped down in April, 2021 to run for Arizona's Attorney General. Gould is working for First Liberty Institute, a conservative legal group based in Texas. In 2013, the group defended a pair of bakery owners in Oregon who refused to make a wedding cake for a same-sex couple.
The First Amendment does have limitations, but Gould said the way Rooks is expressing her beliefs is protected.
“Heather is not trying to proselytize anyone. She’s not trying to state what should be in the curriculum. She simply recites a verse to give her strength to help her through these meetings," Gould told 12News.
A spokesperson for PUSD told 12News they had not been served as of Wednesday. They said they would not comment on pending litigation.
Rooks remains a board member and told 12News she will not quote the Bible at future meetings until a decision is made in the courts.
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