The picture had been covered by a red cloth during a long court battle. The cloth remained after the picture was removed at midnight on Wednesday, February 22, as a chilling remainder to all non- Christians that the high school officials valued their god above the Constitution.
Then high school senior Eric Pensinger challenged the portrait as unconstitutional in 1992 in a suit filed in federal court. In November 1994, the 6th Circuit Court of Appeals held for the young man. The school appealed the case to the Supreme Court during February. During March, the Supreme Court is expected to make a decision on whether or not to review the case.
The school board has been represented in the case by the Rutherford Institute, a conservative group-think tank.
Sources: UPI, 9/6/94, February 1993 American Atheist Newsletter; UPI, 2/10/95; UPI, 2/22/95.