ACLJ: Federal Judge Upholds Constitutional Right of Suspended PA Teacher's Aide to Wear Cross Pendant.Business Editors PITTSBURGH--(BUSINESS WIRE)--June 25, 2003 News Conference Scheduled for Tomorrow to Discuss the Decision The American Center for Law and Justice, an international public interest law firm specializing in constitutional law, said today's decision by a federal district court judge in Pittsburgh, PA that an educational agency in Western Pennsylvania acted unconstitutionally after officials suspended an employee - a teacher's aide for wearing a cross pendant on her necklace - is an important victory for the First Amendment. "We're delighted that the court acted to protect the constitutional rights of our client," said Vincent McCarthy, Senior Counsel of the ACLJ ACLJ American Center for Law and Justice ACLJ Appleseed Center for Law and Justice (Washington, DC) , which is representing the teacher's aide. "By granting our motion for a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. , the court realized that the policies and actions of the state educational agency were not only wrong, but unconstitutional as well. This is an important victory for our client and the First Amendment. The decision sends a strong message that laws and policies that result in religious discrimination are not acceptable." The ACLJ filed a lawsuit on May 6th in U.S. District Court in Pittsburgh, PA on behalf of Brenda Nichol, a teacher's aide from Glen Campbell in Indiana County, Pennsylvania Indiana County is a county located in the U.S. state of Pennsylvania. In 2000, its population was 89,605. Indiana County was added to the Pittsburgh Metropolitan Statistical Area in 2003. . Nichol has been employed 8 years by ARIN (American Registry for Internet Numbers, Chantilly, VA, www.arin.net) An organization founded in 1997 to dispense IP addresses in North and South America, the Caribbean and sub-Saharan Africa. This was previous handled by Network Solutions, Inc., (InterNIC), which manages domain names. Intermediate Unit 28, an agency that provides educational services to school districts in Indiana  List of school districts in Indiana by county.Adams County
Nichol works as an Instructional Assistant in the Penns Manor Area Elementary School in Clymer, PA and, according to the suit, was notified by ARIN officials in April that a one-and-a-quarter inch cross pendant that she had been wearing on her necklace would either have to be concealed by clothing or removed. The complaint contends that Nichol told ARIN officials that the cross is a symbol of her religious faith and to remove it or conceal it would violate her religious beliefs. Nichol was suspended for one year without pay. ARIN officials contend the cross pendant violates their policy and the state's religious garb prohibition of the Pennsylvania Public School Code that dates back to 1895. In a 42 page order granting an ACLJ motion for preliminary injunction issued today, U.S. District Court Judge Arthur J. Schwab said that the state garb statute does not apply to Nichol because of her teacher's aide position but said that if it did it would be unconstitutional. The court said ARIN's policy which penalized pe·nal·ize tr.v. pe·nal·ized, pe·nal·iz·ing, pe·nal·iz·es 1. To subject to a penalty, especially for infringement of a law or official regulation. See Synonyms at punish. 2. Nichol for wearing the cross is "openly and overtly averse to religion because it singles out and punishes only symbolic speech Nonverbal gestures and actions that are meant to communicate a message. The term symbolic speech is applied to a wide range of nonverbal communication. Many political activities, including marching, wearing armbands, and displaying or mutilating the U.S. by its employees having religious content or viewpoint, while permitting its employees to wear jewelry containing secular messages or no messages at all." The court concluded that ARIN's policy displays "hostility toward religion" and violates the Free Exercise Clause of the First Amendment The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment in the Bill of Rights (part of the Constitution). As it states in full: . The court ordered that Nichol be reinstated to her former position with full back pay and benefits pending final disposition of the case at a hearing for a permanent injunction on August 28th. There will be a NEWS CONFERENCE to discuss the decision tomorrow - Thursday, June 26, 2003 at 9:30 am at the law offices of Kirkpatrick & Lockhart, LLP LLP - Lower Layer Protocol at Henry W. Oliver Henry W. Oliver (February 25, 1840 – February 8, 1904) was an American industrialist. Biography Henry W. Oliver was born in Ireland in 1840. Two years later his family settled in Pittsburgh. Building, 535 Smithfield Street, Pittsburgh. Brenda Nichol, along with her attorneys, will be available to answer questions about this decision. The ACLJ is being assisted in the case by attorney Joseph L. Luciana, III of Kirkpatrick & Lockhart, LLP. The American Center for Law and Justice is an international public interest law firm specializing in constitutional law and religious liberty work. The ACLJ is headquartered in Virginia Beach, VA and its web site address is www.aclj.org. |
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