Federal Court Extends Order Permitting New York 7th Grader to Finish School Year Wearing Rosary

WASHINGTON, June 9, 2010— WASHINGTON, June 9, 2010-A 13-year-old who has been under attack by his school administration has been granted a temporary reprieve. 

The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today that it is pleased a federal district court in New York has extended an order permitting 13-year-old Raymond Hosier, who was suspended indefinitely for wearing a Rosary to school, to remain in class and to finish out the school year wearing his Rosary.  U.S. District Court Judge Lawrence E. Kahn today signed an order in which both sides agree to extend a Temporary Restraining Order (TRO) through September 2010.

"It's important that Raymond be permitted to complete this school year with his Rosary in place," said Jay Sekulow, Chief Counsel of the ACLJ, which represents Raymond Hosier in the case.  "The lawsuit challenging the constitutionality of the school district's dress code policy will continue to move forward.  And we remain confident the court will ultimately conclude that Raymond's rights were violated and the dress code policy is not only flawed but unconstitutional as well.  At the same time, by extending the order, the school district has a window of opportunity to utilize common sense.  We stand ready to resolve this issue- either inside or outside court-to ensure that Raymond's rights are permanently protected."

In the stipulation order signed today, both parties agreed to extend the TRO through Sept. 10, 2010, "as the parties work to resolve this matter over the summer. . ."   At the same time, the court ordered that school officials are enjoined from preventing Raymond from attending school while wearing the Rosary outside his clothing through Sept. 10, 2010.  Today's order extends a TRO that was issued June 1, 2010, which cleared the way for Raymond to return to Oneida Middle School in Schenectady with his Rosary in place.

The ACLJ filed a federal lawsuit on behalf of Raymond Hosier and his mother Chantell.

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 14th 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 the complaint, the ACLJ contends 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.  The ACLJ complaint also notes that Raymond has been wearing the Rosary since September 2009 without causing "any disruption to the school environment."

The text of the complaint is available at ACLJ.org/media/pdf.

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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