Defending Student Suspended for Wearing Rosary

[StackerKen]

I thought I saw a thread about this a couple days ago...but I can't find it now..

Once again this organization that i support and admire are Standing up for the peoples (and students) constitutional rights

I think the ACLJ deserve all of our's support
...
...

http://www.aclj.org/TrialNotebook/Read.aspx?ID=955

Defending Student Suspended for Wearing Rosary
I want you to know about a critically important case that we have just taken in New York State.

It involves a 7th grade student who was suspended by school officials for wearing a Rosary to school. We represent Chantell Hosier, and her 13-year-old son, Raymond, who attends Oneida Middle School in Schenectady. He was supended for two-days last week after school officials ordered him to remove the Rosary. Raymond did not take off the Rosary. He says it brings him comfort and honors the memory of his deceased older brother and uncle.

School officials defended the disciplinary action by saying that wearing the Rosary violated school policy. A school district spokesperson told a local newspaper that the rosary beads "could be an identifier of gangs" and needed to be removed "for safety reasons."

First of all, to equate a Rosary to a gang symbol is not only wrong, but deeply offensive. The action taken by this school district - suspending the student for wearing a religious artifact - is insulting and inappropriate.

The Supreme Court has been very clear that students do not surrender their constitutional rights to religious expression when they go to school.

When Raymond returned to school this morning, wearing the Rosary, he was suspended again. I have instructed a legal team to prepare a federal lawsuit to protect the constitutional rights of our client.

We have sent a Demand Letter to the school district letting them know that the disciplinary action they took against Raymond violates his First Amendment rights. You can read our Demand Letter here.

The fact is that Raymond has been wearing that Rosary since 2009 without incident until last week when school officials told him to remove it because it violated the dress code.

What's clear to us is that the school in this instance is arbitrarily using the vague dress code to silence Raymond's religious message. That's unacceptable.

We'll bring you additional developments as they become available.

http://www.aclj.org/TrialNotebook/Read.aspx?ID=955

[k-os]

When I was in public middle school (7th-8th grade), we got into trouble for wearing a rosary for fashion and not for religion.

Twenty-five years later, this kid gets suspended for wearing a rosary in earnest.

I mention this only to highlight how far downhill the public school system has gone in one generation.

[Defender]

I wonder if the school officials thought of it all on their own or if they're acting in response to a complaint.

[kiffertom]

if they caan wear a rosary then i can wear a middle finger hanging round my neck. same principles!!

[StackerKen]

if they caan wear a rosary then i can wear a middle finger hanging round my neck. same principles!!


Do you want to wear a middle finger hanging round your neck?

[ximmy]

if they caan wear a rosary then i can wear a middle finger hanging round my neck. same principles!!


Prayer beads have thousands of years of tradition that date back from Christianity, Islam, Buddhism and Hinduism as a method to aid prayer... How is a middle finger the same principle?

[kiffertom]

just the fact that they are both statements. nothing more or less. no i wouldnt want to wear a middle finger. just trying to make a point.

[StackerKen]

just the fact that they are both statements. nothing more or less. no i wouldnt want to wear a middle finger. just trying to make a point.


My point is that Kid really wanted to wear those beads in remembrance of his Brother and Uncle.

And the Constitution say's he can.

Im not so sure about the middle finger

[chud]

just the fact that they are both statements. nothing more or less. no i wouldnt want to wear a middle finger. just trying to make a point.


Wow, uh...brilliant. ::)

[ximmy]

June 1, 2010

A federal judge says a New York school must reinstate a 13-year-old boy who was suspended for wearing rosary beads.

Raymond Hosier, of Schenectady, New York, filed a federal suit Tuesday against his middle school after he was repeatedly suspended for wearing the rosary, which he says is in memory of his older brother who died in a bike accident.

Hosier said he has worn it since September, but in May was suspended three times, most recently two weeks ago, when he arrived at school with the beads outside his shirt.

"When I wear the rosary beads," Hosier says, "my brother's memory is alive." His brother, Joey Hosier, was holding the rosary when he died.

But Oneida Middle School officials contend Raymond Hosier violated a policy banning gang-related clothing because the prayer beads sometimes are worn as gang symbols.

"Beads are often identifiers for gangs," says Karen Corona, who handles communications for the Schenectady City School District. "The code of conduct is entirely about keeping students safe. Unfortunately, we live in an area where we need to do that. We try to take every step possible to keep the displays out of school."

The American Center for Law and Justice filed a suit today in U.S. District Court contending the suspension violated Hosier's rights to free speech and religious expression.

Judge Lawrence Kahn ordered the Schenectady seventh-grader reinstated pending a June 11 hearing into whether the suspension violated the boy's civil rights.

Corona declined to address the specifics of Hosier's case.

Hosier says he has worn the beads for the entire school year and was only recently asked to tuck them inside of his shirt. When he refused, he was suspended -- three times in less than a month, he says.

"I feel that it's not right to suspend me because I have my own rights to wear my rosaries and they are taking away my religious rights to wear what I remember about my family members," he says. "I told them I wasn't in a gang, and that purple is not a gang color."

In a letter to school officials the lawyers wrote, "Raymond's rosary is a form of symbolic speech. Raymond has a First Amendment right to continue to wear his Rosary to school."

Experts on such cases believe that Raymond could well win his case. Across the country, as schools are cracking down on gang activities, students are filing more and more challenges to protect their freedom of expression.

Critics Say Rosary Ban Defies 'Common Sense'

"There are religious liberty issues in a case like this as well as freedom of speech issues," says Charles C. Haynes of the First Amendment Center. "I think school districts are overreacting in banning things they think might be harmful or related to gang violence."

Haynes says the school district has to show real evidence of a connection between the beads and gang violence and says the case becomes more of a challenge for the school when the expression in question has religious significance.

"The school has to do more than just saying it is related to gang-related activity," Haynes says. "They have to show that this is going to cause disruption in the school and this is a real problem in the community."

Ed White, a lawyer representing Hosier, points out that a federal judge in Texas ruled on a similar case in 1997. The judge ruled in favor of students who wanted to wear glow-in-the-dark rosaries that the school thought might be gang symbols.

Last year a federal judge in New York also found against a school's code of conduct.

"It comes to a point where you have to apply some common sense," White says. "Common sense is not being applied in Schenectady."

http://abcnews.go.com/Politics/judge-orders-reinstatement-teen-suspended-rosary/story?id=10800814

[Grand Master Melon]

It doesn't matter why the kid wants to wear it, there's no reason he shouldn't be allowed to.

Schools are often so ridiculous nowadays.

[StackerKen]

Thanks for the update ximmy :)

[StackerKen]

These are the lawyer that filed on his behalf
Really good organization

http://www.aclj.org/TrialNotebook/Read.aspx?ID=956

UPDATE: Court Orders NY School to Permit Student to Return With Rosary
An important update to this ongoing story. Just hours after filing a federal lawsuit in New York on behalf of our client, 13-year-old Raymond Hosier, who was suspended for wearing a Rosary to school - a federal judge has granted our request for a Temporary Restraining Order (TRO) - clearing the way for Raymond to return to school immediately with the Rosary in place.

As we reported earlier, we filed a federal lawsuit earlier today on behalf of Raymond - we went to federal court in New York to ensure that his constitutional rights are protected.

In addition to our lawsuit, we requested that the court issue a TRO - halting the enforcement of the school district's dress code policy against Raymond and clearing the way for him to return to class.

U.S. District Court Judge Lawrence E. Kahn issued a TRO - just hours after the request was filed - ordering the school district to permit Raymond to return to school tomorrow wearing the Rosary.

We're extremely delighted that Raymond can now return to school with his Rosary in place. 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 TRO issued by the court clears the way for Raymond to return to class tomorrow with his Rosary displayed around his neck and outside his shirt - something he has been doing since September 2009. The court set a hearing date for June 11th. At that time, the court could grant a Preliminary Injunction, permitting Raymond to continue to wear the Rosary in school until a final decision is reached in the case.

The TRO is posted here.

This is a clear case where the school district has not only ignored the constitutional rights afforded to our client, but exhibited hostility toward his First Amendment rights prohibiting him from engaging in free speech and free exercise of religion.

The suit was filed in U.S. District Court in the Northern District of New York on behalf of Raymond and his mother, Chantell Hosier, against the Schenectady City School District and other school officials - including the principal of Oneida Middle School, where Raymond attends.

The suit requests a jury trial and asserts that the school's actions violated Raymond's constitutional rights of speech and expression, free exercise of religion, and due process under the First and Fourteenth Amendments.

In suspending Raymond, school officials contended that wearing a Rosary that included religious beads violated the school district's dress code policy and asserted that the Rosary is considered a gang-related symbol.

In our complaint, we contend that Raymond 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 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. It's important to note that Raymond has been wearing the Rosary since September 2009 without causing any disruption to the school environment whatsoever.

The lawsuit, which requests a trial by jury, urges the court to declare the disciplinary actions taken by school officials against Raymond unconstitutional, to declare the school's dress code policy unconstitutional and to prevent it from being used to punish students like Raymond in the future.

Our complaint filed with the court is posted here. You can read our memorandum in support of application for a Temporary Restraining Order or a Preliminary Injunction here.

The fact that the federal court has granted a TRO represents an important victory for Raymond. He can now return to class wearing the Rosary that means so much to him.

This is a vitally important constitutional case. We will keep you posted as developments unfold.

[Ponce]

I can see the doors opening for students to wear a beanie cap and star of David around their neck.........the same way that the Zionist have others fight their wars they send other to open the doors for them.

Remember that all this trouble with the Zionists from the state of Israel and religion began by trying to kill the Chrismas trees on dispay.......that was the first step.

[StackerKen]

Some Schools Need Lesson in the 1st Amendment
There's a troubling number of incidents that have surfaced recently in public schools - putting the constitutional rights of students at risk.

In one California school district, several students were sent home by school officials for wearing shirts emblazoned with the American flag on Cinco de Mayo. That's right - the American flag - not welcomed in this public school.

In another California school, a teacher objected to a 7th grade student's art project after the student did a rendering of the American flag that included the words 'God Bless America.' That was unacceptable to the teacher who called it 'offensive.'

And in Texas, a student was suspended for taking down a Mexican flag in school saying the flag was posted higher than the American flag.

It's clear that there are some school districts that need a lesson in the First Amendment.

The fact is that the U.S. Constitution provides students with broad rights protecting their freedom of speech and expression. And that includes displaying the American flag.

We've been dedicated to protecting the constitutional rights of students since our inception. And, we've had great success in defending the rights of students - and sometimes that has meant going to court, even the Supreme Court where we've secured important victories.

We will be sending a Demand Letter to the schools mentioned above and every school district in America - a letter warning schools not to trample on the First Amendment rights of students.

Now, you can stand with us and send a message to school districts nationwide. Add your name now to our Demand Letter urging school districts to respect the First Amendment rights of students.


http://www.aclj.org/TrialNotebook/Read.aspx?ID=952

[Ponce]

I was born as a Cuban and as an American.....I will not say that I am "proud" of being born that way because I had nothing to do with it, but will say "happy", and by belonging to both worlds I am able to see and assest the differences from both sides of the coins, the have and have not, and come own with the right answer................as you know in some ways I talk against the US, I don't do it because I hate my second homeland but for the simple reason that I want to WAKE YOU UP and show you both sides of the coin, where in some countries the people are the government here in the US we have a foreign state telling us what to do........the "real" why of it? I do not know.

Viva Cuba and may God bless America.

[StackerKen]

Viva Cuba and may God bless America.


You know Ponce, God Blessed America for a long time...

I think he may be done with the the US now

[Ponce]

I know, is now the Devils turn.......with a benie cap on

[StackerKen]

I know, is now the Devils turn.......with a benie cap on


lol...took me a second...but I get it.....yeah Im afraid so. :(

[osoab]

Something related just happened along these lines near me.

A principle (I believe) @ a local school district had warned kids not to throw their caps in the air after the
graduation ceremony. Well some did. As far as I know, they are still required to perform 40 HOURS of community service before they will release their transcripts to colleges. This might have changed in the last day or two, but I have not heard anything. They got some kid on the local morning news boohooing about it.

Granted, some of them won't have jobs, and this will give idle hands something to do.

I wonder if the school lockers needed to be painted?

[zap]

So what if a Muslim student wants to wear a head scarf covering their hair and neck,or even their face are they allowing that too?

[Grand Master Melon]

Something related just happened along these lines near me.

A principle (I believe) @ a local school district had warned kids not to throw their caps in the air after the
graduation ceremony. Well some did. As far as I know, they are still required to perform 40 HOURS of community service before they will release their transcripts to colleges. This might have changed in the last day or two, but I have not heard anything. They got some kid on the local morning news boohooing about it.

Granted, some of them won't have jobs, and this will give idle hands something to do.

I wonder if the school lockers needed to be painted?


That's not really related at all. In fact I'd say that telling graduates not to throw their caps in the air is even more ridiculous than telling some kid not to wear his rosary.

[StackerKen]

Something related just happened along these lines near me.

A principle (I believe) @ a local school district had warned kids not to throw their caps in the air after the
graduation ceremony. Well some did. As far as I know, they are still required to perform 40 HOURS of community service before they will release their transcripts to colleges. This might have changed in the last day or two, but I have not heard anything. They got some kid on the local morning news boohooing about it.

Granted, some of them won't have jobs, and this will give idle hands something to do.

I wonder if the school lockers needed to be painted?


That's not really related at all. In fact I'd say that telling graduates not to throw their caps in the air is even more ridiculous than telling some kid not to wear his rosary.


lol...It may more ridiculous, But I don't think its protected under the Constitution

[philo beddoe]

When I was in public middle school (7th-8th grade), we got into trouble for wearing a rosary for fashion and not for religion.

Twenty-five years later, this kid gets suspended for wearing a rosary in earnest.

I mention this only to highlight how far downhill the public school system has gone in one generation.
My middle school changed from all white to mexo-ornamental

[jetgraphics]

The simplest solution is to stop public funding of education.
Let parents pay for whatever education they wish...

Oh, right, I forgot.
This is the People's Democratic Socialist Republic of America...
My mistake.

[k-os]

The simplest solution is to stop public funding of education.
Let parents pay for whatever education they wish...

Oh, right, I forgot.
This is the People's Democratic Socialist Republic of America...
My mistake.


I completely agree. Unfortunately, most people prefer to have money taken from them than to give it to a school voluntarily.

[Awoke]

Good thread. Thanks for posting this important isssue.

My only reservation with the "solution" is that the courts had to be involved in the first place, never mind the TRO that was issued. Now we have the courts dictating who is immune from dress codes and who isn't.

The attack on Christianity is increasing in these days.