ACLJ Files Federal Lawsuit against Oregon School District after Student Prohibited from Handing out Christmas Card.News Editors PORTLAND, Ore.--(BUSINESS WIRE)--Feb. 9, 2004 The American Center The American Center is a high-rise tower in Southfield, Michigan. It was built in 1975 and stands at 26 floors, with one basement floor, for a total of 27. The building's main use is that of a typical office tower. It also includes a parking garage and retail spaces. for Law and Justice, an international public interest law firm, today filed suit in federal court on behalf of a 6-year-old kindergarten kindergarten [Ger.,=garden of children], system of preschool education. Friedrich Froebel designed (1837) the kindergarten to provide an educational situation less formal than that of the elementary school but one in which children's creative play instincts would be student in Oregon who was prohibited from handing out a Christmas card to fellow students because the card was too religious and contained the name "Jesus." "The decision by the school district to prohibit the distribution of a Christmas card that contains a religious reference is absurd and violates the constitutional rights of the student," said Stuart J. Roth, 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 student. "The action taken by the school district is not only wrong, but unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution. as well. We're confident the court will act to protect the constitutional rights of this young child." The ACLJ today filed a lawsuit in U.S. District Court in Portland on behalf of Julie Cortez and her 6-year-old son, Justin, a kindergarten student at North Gresham Grade School, a public school in Gresham, Oregon Gresham (IPA: ɡɹɛ ʃm̩) is a city located in Multnomah County, Oregon about 11 miles east of Portland. It was named for the American Civil War general Walter Quinton Gresham. . The suit names as defendants the Gresham-Barlow School District Gresham School District is a school district in the U.S. state of Oregon. It serves the cities of Boring, Damascus and Gresham. Elementary schools
The lawsuit stems from a school Christmas party held December 19th where students were permitted to bring in cards or gifts and exchange them with students. No restrictions were given to the students regarding what type of cards or gifts could be given out. Justin selected a card that had a candy cane ornament ornament, in architecture ornament, in architecture, decorative detail enhancing structures. Structural ornament, an integral part of the framework, includes the shaping and placement of the buttress, cornice, molding, ceiling, and roof and the capital and attached to the front. The card also included the following story: "The Meaning of the Candy Cane: Many years ago, a candy maker wanted to make a candy that symbolized the true meaning of Christmas - Jesus. The hard candy was shaped like a 'J' to represent Jesus' name. The color white stands for the pureness of Jesus. The color red represents the blood Jesus sheds for us." The teacher saw the card, noticed the word Jesus, and forwarded the card to the principal who sent it to the superintendent's office. School officials said Justin could not distribute the card because it would violate several policies that prohibit school officials from promoting one religion over another and advocating a particular religious position. The lawsuit contends Justin's card is student speech and part of a broad, balanced Christmas party where other students distributed candy canes, cards, and other gifts. The lawsuit also contends that the school district violated one of its own policies designed to protect the religious beliefs of students. One policy states that "(c)are must be taken to ensure that students do not experience exclusion because of their religious beliefs or practices. . . ." "The facts of this case are clear: the school district not only violated the constitutional rights of this student but also ignored its own policy designed to ensure that the religious beliefs of students are protected," said Roth. The lawsuit contends the school district violated Justin's rights under the First and Fourteenth Amendments Fourteenth Amendment, addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1 Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens . The ACLJ is requesting a permanent injunction permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. to ensure that the discriminatory policies of the school district are halted. The suit also requests that the court declare the policies unconstitutional. The ACLJ is an international public interest law firm specializing in constitutional law and religious liberties work. The ACLJ is based in Washington, D.C. and its website is www.aclj.org. |
|
||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion