A federal judge has ordered the Oakland Unified School District (OUSD) to give equal access to facilities for a Christian after-school program after the district repeatedly denied the group space on its campuses.
The case was brought by Child Evangelism Fellowship of NorCal, Inc. (CEF), which sponsors Good News Clubs - weekly programs that provide Bible lessons, songs and activities for children, free of charge and with parental permission. CEF alleged that OUSD refused access to four school campuses over a two-year period.
On Aug. 15, 2025, U.S. District Judge Haywood S. Gilliam Jr. issued a preliminary injunction requiring OUSD to allow Good News Clubs the same access as secular after-school groups. The judge found the district engaged in unconstitutional viewpoint discrimination and violated CEF's free speech rights.
According to the court document, OUSD gave a variety of reasons for rejecting CEF's request, from lack of available facility space to not wanting to endorse "evangelism on our campus." OUSD also denied CEF's attempt to become an official "community partner" on the basis of the group's religious nature.
SUPREME COURT RULES WISCONSIN UNCONSTITUTIONALLY DISCRIMINATED AGAINST CHRISTIAN CHARITY
Gilliam rejected these arguments, noting that Good News Clubs meet after school hours, are voluntary, not school-sponsored and open to any student. The court emphasized that OUSD allowed secular groups like the Girl Scouts, Berkeley Chess School and Girls on the Run, but denied CEF solely due to its religious viewpoint.
The judge ordered both parties to submit a joint case management statement by Sept. 16 and appear at a case management conference on Sept. 23.
The ruling echoes the 2001 U.S. Supreme Court case Good News Club v. Milford Central School, which held that public schools cannot exclude religious groups from facility use when secular groups are allowed. The high court said such exclusion amounts to unconstitutional discrimination against religious viewpoints.
PARENT GROUPS, RELIGIOUS LIBERTY EXPERTS HAIL SCOTUS UPHOLDING PARENTS RIGHTS IN LGBTQ BOOKS CASE
CEF is represented by Liberty Counsel, a nonprofit legal organization, which said it will now seek a permanent injunction to ensure long-term equal access for the Good News Clubs in Oakland schools.
Liberty Counsel founder and chairman Mat Staver praised the ruling:
"This is a great victory for Child Evangelism Fellowship, parents, and the students in Oakland public schools. The U.S. Supreme Court has ruled that public schools cannot discriminate against Christian viewpoints regarding use of school facilities," he said in a press release. "Child Evangelism Fellowship gives children a biblically based education that includes moral and character development. Good News Clubs should be in every public elementary school."
CLICK HERE TO GET THE FOX NEWS APP
An OUSD spokesperson gave Fox News Digital the following statement:
"Oakland Unified School District supports the right of inclusive, non-discriminatory groups to have access to public lands such as public school property for the exercise of their first amendment rights to assembly and free expression. As long as such groups go through the proper channels to rent District facilities, pay the going rate, take care to preserve the integrity of the grounds, and do not overstay their rental period, members of our community are welcome to use district facilities outside of school hours, and at times and in ways that do not otherwise hinder the education process for Oakland students. We welcome all groups to apply to use our facilities."
