ACLJ Gets 1st Amendment Win for CO Student; School Agrees to Permit Student to Wear Cross

October 18, 2010

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today a Colorado Springs middle school has agreed to permit a 7th grade student to wear a small cross on a chain to school.  The ACLJ sent a demand letter October 8th to Mann Middle School on behalf of Cainan Gostnell who became fearful when he heard an announcement over the school's public address system that all students wearing religious jewelry would either have to conceal it or remove it because some people in school are "offended" by the display.  Cainan stopped wearing the cross to school because he feared being punished by the school.

"We are pleased the school district understands and agrees that our client's religious expression in school is protected by the First Amendment," said Ed White, ACLJ Senior Counsel who is handling the case.  "Without question, censoring a student's religious expression and speech is a violation of the Constitution.  The school has now assured us that our client will be permitted to wear the cross and exercise his constitutional rights without fear of punishment."

In its demand letter to the school, the ACLJ said Cainan wears the cross to convey his faith in God and to identify himself as a Christian. 

In a letter to ACLJ attorneys dated October 15th, attorneys for the school said, "Cainan may continue to wear and display his cross at school. . . ." 

"This is a victory for free speech and religious expression," said ACLJ's White.  "We will continue to monitor the school's actions to ensure that Cainan's constitutional rights remain protected."

The ACLJ recently was successful in defending the constitutional rights of a middle school student from New York who was prohibited by public school officials from wearing a rosary for religious reasons on the outside of his clothing to school.  The ACLJ filed a federal lawsuit in that case; and after the court's decision to grant a motion for a temporary restraining order, the school district ended its policy of preventing the wearing of rosaries to school. 

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.