“Several students reported being scared by her talk of Satan and Hell, and multiple parents complained about their children coming home with religious pamphlets.”
A Christian middle school student and her father have filed a federal civil rights lawsuit against Highline Public Schools in Washington state near Seattle, alleging school officials repeatedly targeted her religious beliefs while permitting political activism against ICE. She said the school later forced her to attend an LGBTQ-themed assembly despite her religious objections.
The complaint filed Wednesday in the US District Court for the Western District of Washington by attorneys with the American Center for Law & Justice (ACLJ) alleges a years-long pattern of discrimination against the student dating back to elementary school and seeks damages, injunctive relief, declaratory relief, and attorneys' fees.
According to the lawsuit obtained by The Ari Hoffman Show on Talk Radio 570 KVI, the student, identified only as JH, regularly distributed Christian gospel tracts to classmates during lunch and other non-instructional periods after first asking whether students wanted to receive them. The complaint alleges that on February 18, Sylvester Middle School Vice Principal Lori McEwen pulled the student from math class and told her she could not distribute religious materials at school.
The lawsuit claims the student questioned why other viewpoints were allowed. According to the complaint, McEwen allegedly responded that students "may share opinions, but they may not share religious beliefs."
The complaint further alleges the student pointed to a recent anti-ICE protest in which students were permitted to leave campus with teachers to participate in a demonstration. When she asked why that activity was allowed but her religious outreach was not, McEwen allegedly replied that the ICE protest constituted an "opinion."
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The filing claims students and teachers left campus during school hours, marched several blocks to a nearby CVS, and later returned to school. The lawsuit argues that Highline allowed and facilitated secular political expression while suppressing the student’s religious expression.
The ACLJ argues the alleged conduct amounts to unconstitutional viewpoint discrimination under the First Amendment.
According to the lawsuit, while JH was a second-grade student at North Hill Elementary School, also within Highline Public Schools, school officials, including Principal Kimberly Jones, allegedly prohibited her from distributing religious tracts and crosses, searched her backpack multiple times to confiscate religious materials, and sent her to the principal’s office at least ten times for exercising her First Amendment rights during recess.
The complaint says the district previously defended its handling of the elementary school incident by claiming the student had distributed “unacceptable religious materials,” adding that “several students reported being scared by her talk of Satan and Hell, and multiple parents complained about their children coming home with religious pamphlets.”
Following a February 2022 demand letter, the district allegedly responded through Holly Ferguson, its Chief Policy and Strategy Officer, and formally agreed that JH would be allowed “to distribute materials at school going forward, including religious materials.” The lawsuit says Highline also acknowledged principles including government neutrality toward religion, avoiding discrimination against religious viewpoints, and allowing students to express themselves at school, including through the distribution of religious materials. The new lawsuit alleges Highline later violated those assurances.
The complaint also alleges that when JH asked whether she could form a Christian student club, McEwen told her the club would need a teacher sponsor. The lawsuit argues that the statement misrepresented both the Equal Access Act and Highline’s own Policy 2153, which allegedly places responsibility on the principal to assign a room and approve or assign a staff monitor where one is needed.
The ACLJ sent another demand letter to Highline Superintendent Dr. Ivan Duran on March 20, demanding written assurances that the district would permit JH to distribute religious tracts and discuss her faith during non-instructional time, as well as confirm her right to form a Christian student club on equal terms with other student groups.
According to the complaint, Highline responded on March 27 and acknowledged that “J.H. was distributing religious tracts before school in the cafeteria, which is permitted,” while claiming McEwen had only entered the classroom to confirm that distribution during class was not allowed. The complaint argues the district did not explain why the vice principal removed JH from class over conduct the district did not claim occurred during class.
The lawsuit says the district’s response did not deny or address the allegation that McEwen told JH students they could share opinions but not religious beliefs.
The lawsuit also centers on a school-wide “Inclusion Assembly” held on May 29, which included discussions of LGBTQ identities, pride flags, sexual orientation, gender identity, drag performers, transgender social media personalities, and guidance encouraging students to become LGBTQ “allies.” One slide allegedly told students that standing against oppression means “creating a moral standard in your community” and “putting people on notice” that certain conduct would not be tolerated.
The family alleges parents received no advance notice of the assembly despite having previously been notified about similar programming in elementary school, depriving them of an opportunity to excuse their daughter.
JH became visibly upset during the presentation and told school staff she was uncomfortable because the material conflicted with her Christian beliefs. Rather than allowing her to leave, the lawsuit alleges a teacher told her, "You have no choice," and directed her back into the assembly, where she remained crying for the rest of the presentation while deliberately avoiding the projected images.
The complaint further alleges that Vice Principal McEwen observed the incident but did not intervene despite knowing about the student’s previously expressed religious beliefs.
The complaint cites Highline’s own Policy 2331, governing controversial issues and guest speakers, which says that when a speaker expresses opinions considered controversial by a large portion of the community, the school shall provide for the presentation of opposing views. It also says that when a topic is controversial, school officials should develop a plan to present the issue in an objective, unbiased manner.
The lawsuit also cites Procedure 2340, which allegedly states that students who choose not to participate in school activities offensive to their beliefs “shall not be penalized or subjected to pressure to choose between participation in such activities and their religious belief.”
The ACLJ argues Highline ignored those policies when JH was allegedly told she had “no choice” but to return to the assembly after raising a religious objection.
According to correspondence described in the complaint, the district maintained that assemblies at Sylvester Middle School are not mandatory, that students may excuse themselves from assemblies, and that students who choose not to attend may report to an alternative location. The district also allegedly claimed JH “chose to re-enter the assembly and remained there for the duration of the event.” The complaint disputes that claim, arguing JH did not voluntarily return and only did so because she understood she was being directed by school officials.
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The lawsuit also says the district’s position is contradicted by the Sylvester Middle School Student Handbook, which allegedly instructs students to proceed to assemblies with teachers, follow staff directions regarding seating and behavior, comply with assembly expectations, and dismiss only as directed by staff. The complaint says the handbook does not inform students that assemblies are voluntary or that an alternative location is available.
The family further alleges that another student who had previously received a religious accommodation was nevertheless required to attend the same assembly.
The lawsuit asserts seven causes of action, including alleged violations of the First Amendment’s Free Speech and Free Exercise clauses, the Fourteenth Amendment’s parental rights protections, Equal Protection, and the Washington Constitution.
The plaintiffs are asking the federal court to prohibit Highline Public Schools from restricting JH’s religious speech during non-instructional time and to require advance parental notice and meaningful opt-out opportunities before future school programming that conflicts with students’ sincerely held religious beliefs.
The complaint names Highline Public Schools and Vice Principal Lori McEwen as defendants. McEwen is sued in both her individual and official capacities. The complaint also alleges Superintendent Duran and the Highline School Board were placed on notice through three demand letters and failed to meaningfully correct the alleged violations.