Moss v. Spartanburg County School District No. 7

Becket Role:


Decision Date:
November 13, 2012
Deciding Court:
U.S. Court of Appeals for the Fourth Circuit

Case Summary

Becket is defending the rights of students and parents to receive a religious education during school hours. Thousands of public school parents and children across the nation depend on released-time classes so they can receive religious education from their churches, and the Supreme Court has allowed it since 1952.

In 2006, South Carolina passed the Released Time Credit Act (RTCA), which allowed public school students the opportunity to take outside classes in religious instruction and receive elective credits. The classes are provided off-campus by third parties unaffiliated with the public schools. The RTCA made it easier for public schools to accommodate the religious interests of their students.  In 2007, Spartanburg County School District Seven passed its own policy permitting released time programs in compliance with state law.

In 2009, the Freedom From Religion Foundation sued the School District, claiming that the school’s policy violates the Establishment Clause.  Becket succeeded at the federal district court in South Carolina, but the Freedom From Religion Foundation has appealed the district court’s ruling, and Becket is currently defending the school district before the Fourth Circuit.

On June 29, 2012, the 4th Circuit unanimously upheld the program as constitutional stating, ““[T]he program properly accommodates religion without establishing it, in accordance with the First Amendment.”

On November 13, 2012, the Supreme Court denied  FFRF’s appeal following the Fourth Circuit’s decision. “This is a big win for public school students and for religious education,” said Lori Windham, Senior Counsel with Becket, who successfully argued the case to the Fourth Circuit. “The Supreme Court’s rejection of this case is a blow against anti-religious legal theories that would treat religion with suspicion.”

The Court’s decision has implications for released time programs across South Carolina and throughout the country. It also affirms the constitutionality of the relationship between private schools and public schools.


For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea, Communications Director, at or call 202.349.7224.


Case Information

Becket Role:
Case Start Date:
June 16, 2009
Current Court:
U.S. Court of Appeals for the Fourth Circuit
Original Court:
U.S. District Court for the District of South Carolina
Supreme Court Status:
Cert Denied
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