ACLJ Preparing Lawsuit After NY School Dist. Again Suspends 7th Grader for Wearing a Rosary to School

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today it is preparing to file a federal lawsuit against a New York school that once again suspended a 13-year-old student for wearing a Rosary to school.  Raymond Hosier was suspended for two days last week from Oneida Middle School in Schenectady.  When he returned to school today and displayed the Rosary, he was suspended again.  The ACLJ represents Raymond and his mother, Chantell Hosier.

"Without question, the continuing action taken by the school district in punishing Raymond for wearing a Rosary to school violates the constitutional rights of our client," said Jay Sekulow, Chief Counsel of the ACLJ.  "Under the law, Raymond has a First Amendment right to wear his Rosary to school.  The school district had an opportunity to take corrective action today by permitting Raymond to wear the Rosary to school.  Instead, the school district chose to suspend Raymond again today.  We're preparing to file a lawsuit in federal court to protect the constitutional rights of our client."

The ACLJ sent a Demand Letter yesterday to the Superintendent of the Schenectady City School District, the Board of Education, and the  Principal of Oneida Middle School warning them that a lawsuit would be filed if they did not take corrective action and permit Raymond to wear the Rosary to school.

In the Demand Letter, the ACLJ asserts that Raymond's actions are constitutionally protected:

"Raymond has a First Amendment right to continue to wear his Rosary to school as he has been consistently doing since September 2009," the letter states. "Raymond's Rosary is a form of symbolic speech. The Rosary, which includes a Crucifix, is commonly understood to be a religious symbol. Raymond wears the Rosary to convey his faith in God. He also wears it to convey his love for his deceased brother, who many people in the area know was killed at the age of twelve while riding a bicycle, and to convey his love for his recently deceased uncle."

The ACLJ also notes that Raymond has worn his Rosary outside his shirt in school since September 2009 to express his religious and personal views saying his message "has never caused  any material and substantial interference with the requirements of appropriate discipline in the operation of the school or with the rights of other students. Under the law, Raymond has a First Amendment right to wear his Rosary to school."

You can read the ACLJ Demand Letter here.

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