Is it legal for Gideons to distribute Bibles in schools?

Answer 1

The answer to this question is dependent on the specific words used in the question. As currently posed, the answer to the question could be either "yes" or "no."

The First Amendment to the United States Constitution states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Since the amendment is intended (as interpreted by courts) to prevent the establishment and support of religion by governmental agencies, it depends on whether the school (assuming it is a government-operated school, not a private school of any nature) approves or supports the distribution of Bibles on school grounds. Court decisions indicate that a government-operated school cannot allow the distribution of any religious materials in the school or on school grounds. However, there is nothing (in the establishment clause) which legally prevents the distribution of religious materials of any type in public areas surrounding government-operated schools. If the question asked whether distributions of religious materials "in" (government-managed) schools were a violation of the United States Constitution then the answer would most probably be "yes." The use of the phrase "at schools" in the question is too indefinite regarding whether the distribution is legally permissible. So, if The Gideons International or any other religious group attempt to distribute religious materials inside the building of a government-managed school or on grounds owned by such a school, current legal holdings would probably be interpreted to prevent such distributions. (The exception would be if the distribution was to, and approved by, a private group legitimately meeting on school property. Government-managed schools that allow private groups to use school property cannot deny use of school property by religious organizations solely due to the fact that the organization seeking to use the property is religious.) However, if the distribution occurred on public land (or non-government owned private land if approved by the owner) surrounding school property then the distribution probably could not be prevented (or risk a claim by the distributing entity that the prevention was an improper "prohibit[ion on] the free exercise thereof"). So if the distribution occurred on the sidewalks outside the school boundaries then the distribution probably could not be prevented based on the First Amendment.

Answer 2

I don't think The Bible has been banned yet.