WorldNetDaily - Judge Suspends School's Ban on Rosary

by WorldNetDaily

A federal judge has ruled that a student who was suspended from school for wearing a rosary that was banned by district anti-gang rules may return to class and wear the religious symbol until his case is resolved.

The order comes from U.S. District Judge Lawrence Kahn in federal court in the Northern District of New York.

His order released yesterday states: "For the time being and until a decision as to plaintiff's application for a preliminary injunction, that defendants are temporarily and immediately enjoined from preventing plaintiff R.H. from attending public school in the Schenectady City School District while wearing outside his shirt a rosary."

Officials with the American Center for Law and Justice, which is working on the student's case, said they are pleased the judge cleared the way for 13-year-old Raymond Hosier to return to class immediately.

"We're delighted that Raymond can now return to school with his rosary in place," said Jay Sekulow, chief counsel of the ACLJ. "This is an important first step in the legal process in what we believe will ultimately result in the federal district court determining that the punishment inflicted by the school district by suspending Raymond for wearing a rosary not only was wrong, but violated his constitutionally protected rights of free speech and free exercise of religion."

The court also scheduled a hearing date June 11 when it will consider the ACLJ's request for a preliminary injunction.

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. It alleges the school's actions violated Raymond's constitutional rights of free speech and expression, free exercise of religion and due process under the First and Fourteenth Amendments.

According to the ACLJ, school officials claimed wearing a rosary that included religious beads violated the school district's dress code policy and alleged the rosary is considered a gang-related symbol.

The ACLJ, however, explained that Raymond has chosen to wear the rosary to express his faith in God and honor the memory of a deceased uncle and a brother who died with that very same rosary in his hand.

The complaint also asserts that Raymond is not a member of any criminal gang and does not wear his rosary to promote gang membership or violence.

The ACLJ complaint also notes that Raymond has been wearing the rosary since September 2009 without causing "any disruption to the school environment."

The attorneys cite the actual 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 involving 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.