7th Grader’s Religious Liberty Threatened

"The fact is that schools cannot prohibit students from exercising their constitutional rights of religious expression-whether it's wearing a cross or a rosary. Cainan's desire to wear a cross outside his shirt is constitutionally protected under the First Amendment. We expect the school to acknowledge that and provide our client with an assurance that he will not be punished for exercising his religious beliefs."--American Center for Law and Justice Senior Counsel Ed White

WASHINGTON, Oct. 8, 2010—The American Center for Law and Justice (ACLJ), the nation's top conservative public interest law firm, today demanded that a Colorado middle school permit a 7th grade student to wear a small cross on a chain to school warning school officials not to violate the student's First Amendment rights.  The ACLJ sent the demand letter to Mann Middle School in Colorado Springs on behalf of Cainan Gostnell who became fearful about a week ago when he heard an announcement over the school's public address system that all students wearing religious jewelry would either have to conceal it or remove it because some people in school are "offended" by the display.  Cainan stopped wearing the cross to school because he feared being punished by the school.

"This is a case where our client should not be punished for his religious expression and speech," said Ed White, ACLJ senior counsel who is handling the case.  "The fact is that schools cannot prohibit students from exercising their constitutional rights of religious expression-whether it's wearing a cross or a rosary.  Cainan's desire to wear a cross outside his shirt is constitutionally protected under the First Amendment.  We expect the school to acknowledge that and provide our client with an assurance that he will not be punished for exercising his religious beliefs."

In its demand letter to the school, the ACLJ cites that Cainan, a Christian, is a good student who does not get into trouble and has worn his cross on a chain outside his shirt without causing any disruption in school.

The letter asserts: "Cainan has a First Amendment right to continue to wear his cross on the outside of his clothing in school.  Cainan's cross is a form of symbolic speech.  He wears it to convey his faith in God and to identify himself as a Christian . . . Under the law, Cainan has a First Amendment right to wear his cross to school.  Preventing him from wearing his cross is a violation of his rights."

The ACLJ says it believes this issue can be resolved amicably without court action and is requesting that the school provide the family with "written assurances that Cainan may continue to wear his cross outside his clothing to Mann Middle School without fear of punishment."  The ACLJ has given the school until Tuesday, Oct. 19, to respond to its request.

The ACLJ recently was successful in defending the constitutional rights of a middle-school student from New York who was prohibited by public school officials from wearing a rosary for religious reasons on the outside of his clothing to school.  The ACLJ filed a federal lawsuit in that case and after the court's decision to grant a motion for a temporary restraining order; the school district ended its policy of preventing the wearing of rosaries to school.

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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