The evangelical group runs Crossroads Ministries, which offers Bible classes to local students that take place during the school day. The program takes advantage of a Minnesota law that allows parents to take their children out of school up to three hours a week for religious education purposes.

The Alliance Defense Fund, an Arizona-based Christian civil rights group representing the churches, is arguing that the First Amendment allows the group the same right to distribute recruitment materials as groups like the Boy Scouts of America and Little League teams.

“St. Paul School District has chosen to allow nonschool groups to distribute information to parents announcing activities and other opportunities for students,” Jordan Lorence, an attorney for the Alliance Defense Fund, told the Pioneer Press. “Once St. Paul Schools opens up that means of flier distribution, the First Amendment requires them not to discriminate against religious groups and religious speech.”

Although Jeff Lalla, an attorney for the district, acknowledged the ban on religious or sectarian materials, he said the district’s real issue is the fliers advertise a program that takes kids out of school.

Lorence said if the district has an issue with allowing students to use in-school time for religious education, they should bring the issue before the state.