WorldNetDaily - Court Approves Religious Symbol in School

By Bob Unruh

A federal court in New York today extended an order allowing a 13-year-old student to wear a rosary to class through the rest of the school year as he challenges a district ban based on an assumption the beads could be a gang emblem.

According to the American Center for Law and Justice, which is working on the case of student Raymond Hosier, U.S. District Judge Lawrence Kahn signed the order extending the protection order into the fall.

"It's important that Raymond be permitted to complete this school year with his rosary in place," said Jay Sekulow, chief counsel of the ACLJ. "The lawsuit challenging the constitutionality of the school district's dress code policy will continue to move forward. And we remain confident the court will ultimately conclude that Raymond's rights were violated and the dress code policy is not only flawed but unconstitutional as well. At the same time, by extending the order, the school district has a window of opportunity to utilize common sense. We stand ready to resolve this issue either inside or outside court to ensure that Raymond's rights are permanently protected."

The new stipulation extended a June 1 temporary restraining order and provides that Hosier be allowed to attend his classes at Oneida Middle School in the Schenectady district wearing his rosary.

The ACLJ has filed a federal lawsuit alleging the school's banishment of the religious symbol through its dress code policy which contends the rosary is considered a gang-related symbol violated the student's constitutional rights of speech and expression, free exercise of religion, and due process under the First and Fourteenth Amendments.

The ACLJ explained the student wears the rosary to express his faith in God and honor the memory of a deceased uncle and a brother who died with that very rosary in his hand.

The ACLJ said its lawsuit against the district and its officials, including the principal of Oneida Middle School where the student attends, seeks a jury trial.

The attorneys cite the school policy, "A student's dress shall not denote, represent or be deemed to be gang related, including but not limited to, bandanas, colors, flags or beads."

Officials said this isn't the first time the Schenectady school system has been sued over a dress code issue. They cited a 2005 case of a 12-year-old girl who had family members serving in Iraq. She chose to wear a red, white and blue beaded necklace that was banished by the school.

Her case was settled out of court, officials said.

Schenectady school officials did not return any calls asking for comment.