Luke stifled a smile. The young man could make a fine attorney one day. “I’ll keep that in mind. Thank you for the offer.”
As it neared ten o’clock, Andy Nelson and his attorney entered and took their seats. Andy looked angry and shut off. He didn’t make eye contact with Luke or Wendell, not even with his daughter—at least as far as Luke could tell. The two men whispered for a few minutes, and Andy nodded twice.
The bailiff stood at attention. “All rise . . .”
As soon as those in the courtroom were on their feet, the bailiff continued. “The Honorable Judge Catherine Wells.”
From a door behind her grand chair, the judge entered the room. She took her seat and motioned to the small crowd. “You may be seated.” She looked at her desk. “First on the docket is Nelson versus Quinn.” The judge was in her late fifties. Luke had represented religious freedom cases in her courtroom three times before.
All cases Luke had won.
But that didn’t mean the woman was favorable to Christian beliefs or Luke Baxter. She always seemed put out about Luke’s defense. Like it was a waste of her time to even talk about the rights of people to practice religion in a public space.
The right to worship in private churches and homes was one thing. A public display of faith was another. In schools most of all.
Okay, Lord . . . we’re going to need You here. Please give me the words. When Wendell and Luke met together at the principal’s house, the two of them had prayed about today’s hearing. Luke wasn’t sure if Wendell understood the gravity of today’s proceeding.
But God did.
Since Andy Nelson was the plaintiff bringing the case, his attorney was permitted to go first. “The matter here is very simple, Your Honor.” Andy was represented by Eli Landsford, one of the most experienced antireligion lawyers in the business, a manipulative, fast-talking man from Washington, D.C. Landsford flew around the country taking cases that were easy antireligion wins.
As soon as Luke had learned that Landsford was taking Andy’s case, his hopes sank. This was one more reason to believe the obvious. The case ahead of him was a no-win situation.
Landsford was known for doing anything to establish precedent and a general sense that indeed, a person might end up in jail if he or she so much as talked about God in public spaces. Something untrue, but that didn’t matter. Perception was more than half the battle in the fight for religious freedom.
Landsford had said in interviews that if people thought they weren’t allowed to talk about God, most of them would give up their rights without a fight. Wendell Quinn was not one of those. Like Luke, Landsford worked pro bono. Public support for this type of trial went both ways.
Luke felt his determination double.
“Explain the plaintiff’s position.” The judge sounded bored, as if she longed for something more interesting than a religious freedom case.
Eli Landsford was on his feet. The man’s shoes cost more than Luke’s car payment, if he had to guess. “As I said, Your Honor, we have a very cut-and-dried case here. The defendant, Hamilton High Principal Wendell Quinn, has been leading a voluntary student Bible study after school for the past year.” He adjusted the cuff links on his shirtsleeves and smiled at Judge Wells. “As you know, precedent clearly dictates that Principal Quinn’s actions are inappropriate and illegal. A complete violation of church and state.”
With everything in him, Luke wanted to object. But this wasn’t the time. Landsford had the right to establish his case before the judge. Also, he’d stolen Luke’s assertion that the club was voluntary. Rightfully so. In recent years and cases, even voluntary participation in a Bible study or prayer group had been ruled unconstitutional.
Even sitting in a school-owned desk to discuss things of God constituted a violation of church and state according to some previous cases.
Landsford was wrapping up his presentation. “My client and I would like to ask Your Honor to rule in favor of the plaintiff, thereby ordering the defendant to cease and desist all further Bible study or prayer group meetings at Hamilton High. In addition, we would like it established that if Mr. Quinn does not comply with cease and desist orders, he will face court sanctions and possible jail time.”
There it was. Luke couldn’t believe it. He had heard a rumor that Landsford was threatening to invoke imprisonment for people who dared bring up God in a public space. It was another case of perception versus reality. Say it often enough and such a thing could become truth.
The possibility made Luke feel sick. He glanced at Wendell. The man looked more nervous than he had at the beginning of the hour. “It’s okay. The guy’s just posturing.”
Wendell kept his eyes on Landsford. “Okay. I don’t plan on going to jail.”
Judge Wells looked at Luke. “The defendant will respond to the complaint.”
Luke noticed that Andy Nelson didn’t look up. He kept his gaze squarely on the table he shared with Landsford. Not sure if it made any difference, but Luke also thought the plaintiff looked sick to his stomach.
Luke was on his feet. He ignored the three folders Wendell had given him as he approached the bench. This was no time to take a chance. “Your Honor, this is a very high-profile case, as I’m sure you know.”
“Go on, Mr. Baxter.” She raised her brow, as if to say Luke had better not waste her time. “How would the defendant like to respond?”
“Not guilty, Your Honor.” Luke took a quick breath. “I have students willing to testify in this case. Students who deeply wish to continue meeting on a voluntary basis to discuss matters pertaining to the Christian faith.” He folded his arms and stood facing Judge Wells.
“Which is a violation of church and state.” Judge Wells looked stern. If there had been any doubt that she was on Andy Nelson’s side, there was none now.
“That is not our opinion.” Luke needed to get to the point. “I can promise you this, Your Honor. If you rule in favor of the plaintiff today, without a jury trial, we will appeal.” He let that sink in for a moment. “We will appeal all the way to the Supreme Court.”
Of course, when Judge Antonin Scalia died, appealing all the way to the Supreme Court wasn’t as hopeful as it once had been. Yes, the new administration had filled his seat with a conservative judge. Regardless, Luke’s best chance was right here in this courtroom with a jury trial. Regular citizens.
Judge Wells looked down at her docket and then back at Luke. Her eyes grew beady and dark. Clearly, she didn’t appreciate being challenged this way. “Do not threaten the court, Mr. Baxter.” She raised her brow and stared at Luke. “Is that understood?”
“Yes, Your Honor.” Luke kept a straight face. The admonition angered him, but he couldn’t let that show. He had no choice here. He had to say and do whatever was legally allowable to win this case for Wendell Quinn.
For the United States and the future of the Constitution.
Finally, with an exaggerated breath, Judge Wells looked from Luke to Landsford and back again. “The court will hold this matter over for trial.”
Good thing. Luke maintained his professional composure. Wendell deserved a jury trial. His entire educational career was at stake, not to mention the hearts of the student body at Hamilton High.
Across the aisle, Landsford huffed and slammed a document on the table. He shook his head, making a show of the fact that in his hardly humble opinion a jury trial was absolutely not necessary.
Judge Wells noticed Landsford, but she didn’t call him out. Instead she checked her docket again. “Jury selection will take place next Wednesday morning at nine. I’d like to start the trial the following Wednesday. This case needs to be wrapped up well before Thanksgiving.”