ACLU accuses San Marcos Middle School of illegal fundraising

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SAN MARCOS, Calif. -- The ACLU is raising questions about the legality of recent fundraising efforts by San Marcos Middle School.

A post on San Marcos Middle School's website last week showed a partnership with Illinois-based Kids Around The World to raise over $3,000 dollars to provide 14,000 meals for children in Tanzania. According to Kids Around The World, the group is a Christian organization -- something the ACLU says poses a legal problem for the public school.

California laws prohibit public entities -- including public schools -- from making any type of contribution to any religious sect or sectarian purpose.

“I want the school to get on the right side of the line," said David Loy, legal director for the ACLU's San Diego chapter. "I want the school to comply with the California constitution."

Loy sent a letter notifying the school of the breech.

“I think it’s wonderful work, personally, but California law is very clear that if it is a religious group -- if it has a religious mission, in any part of its mission -- then a public school cannot be supporting that financially or otherwise," he said.

FOX 5 contacted the San Marcos Unified School District. The district responded that San Marcos Middle School is partnering with the group, Friends And Family Community Connection. It released a statement that stated, in part:

"This is a humanitarian effort with no sectarian purpose. FFCC is assisted by kids around the world, which the ACLU has claimed is a religious organization. However, no funds will be directed to KATW. The school planned to give all funds raised to FFCC."

The school’s website was updated Friday, removing the Kids Around The World reference. The ACLU says changing the organization doesn't necessarily solve the school’s problem.

“If any support of aid flows to any part of the religious groups organization mission, or any part of its operation, then that’s prohibited for a public school to do," Loy said.

The district has conveyed it understands the concern and the district superintendent is now investigating the fundraising with its legal counsel.

The ACLU is asking that the money be diverted to another group altogether to eliminate the religious association.

“The law is clear. Period," Loy said.


  • Rob

    It is sad knowing that this nation was founded on Godly principles and established on the word of God . Protected by the black Regime and our laws guided by principles of the Bible and today it’s against the law to do a act of kindness if it even has a smell of Jesus in it. This should be a eye opener to our nation of our direction. We are a nation of 82 percent professing Christians and this is the type of legislation we receive. I don’t blame the non Christian folks for this problem, no this is a result of us believers who know the good we ought to do but do nothing. It’s time we stand as one nation under God indivisible as God intended for us to do.

    • Dan


      It’s a shame you don’t actually know your history. This country wasn’t founded on religious beliefs at all-this country was founded on the desire to be independent and separate from a government that taxed us and treated us unfairly. That’s got nothing to do with religion.

      If you go back even further, to the pilgrims, they left here to escape oppression and law based on other people’s beliefs. So it can best be said that they came here to get AWAY from religious rulings and leadership.

      Funny how people tend to forget that.

      • David Van Slyck

        Dan, you are wrong. Read the Declaration of Independence, the first important document in the founding of America. It mentions God several times. The founders of America did NOT come here to get AWAY from religious rulings. They came here to have “Freedom of Religion” as written in the First Amendment to the Constitution, NOT to have “Freedom From Religion”.

  • DavidM

    Loy’s position is not legally tenable. That a group might have a religious affiliation does not make it inappropriate for charitable support from a public school so long as the money is not used for a religious purpose. For example, many public organizations, including the City, assist Father Joe’s Villages, but the organization is closely affiliated with the local Diocese.

  • Hurricane0721

    The atheists of the ACLU have revealed their true colors, and their colors are those of dirty racists! Apparently according to the ACLU some black lives don’t matter. On the other hand, I don’t know of too many liberal organizations that help out poor orphans in Africa. No, most liberals are much more strongly in favor of aborting these “undesirables!”

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