ACLJ Secures First Amendment Victory After NY School District Changes Its Anti-Rosary Policy

"This policy change represents a critical victory for religious freedom as well as our client and all students in the school district," said Jay Sekulow, chief counsel of the ACLJ

WASHINGTON, Sept. 3, 2010—A 13-year-old boy has stuck a blow for religious freedom.

Following a months-long battle, a school district in New York has issued a decision to eliminate a discriminatory policy that prohibited the wearing of rosary beads by students.  The school district had previously banned the wearing of the religious beads because they claimed the rosary represented a gang-related symbol. 

The decision from the Schenectady school district followed a suit filed by the American Center for Law and Justice (ACLJ) on behalf of then seventh-grader Raymond Hosier challenging the constitutionality of the no-rosary policy.  In June the ACLJ secured an order from a federal court permitting Hosier to return to class and finish out the school year with the rosary in place.  Schenectady school officials voted yesterday to amend the discriminatory policy.

"This policy change represents a critical victory for religious freedom as well as our client and all students in the school district," said Jay Sekulow, chief counsel of the ACLJ.  "It's clear that our lawsuit resulted in an important change of school policy.  It's our view that this discriminatory policy violated our client's constitutionally protected rights of free speech and free exercise of religion.  But removing the discriminatory policy does not bring an end to our lawsuit.  We stand ready to resolve the remaining issues - liability and damages - either outside or inside the courtroom."

The ACLJ filed a federal lawsuit in June on behalf of Raymond Hosier and his mother, Chantell.  In the complaint, the ACLJ contended 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 asserted 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 noted that Raymond has been wearing the rosary since September 2009 without causing "any disruption to the school environment."  In an amended complaint, the ACLJ alleged that the defendants retaliated against Raymond for filing his original lawsuit to secure his constitutional rights.  The ACLJ's amended complaint is here.

Days after filing its original lawsuit, the ACLJ secured a Temporary Restraining Order (TRO) from a federal court that cleared the way for Raymond to wear the rosary to school for the remainder of the year and then an order extending the TRO until September.  That order is posted here. 

The ACLJ will request that the federal district court cancel the preliminary injunction hearing scheduled for Sept. 8th because of the amended policy and the fact that the student, Raymond Hosier, is attending school in a different school district this year. 

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org. 

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