ACLJ to File Federal Suit Against New York School for Suspending 7th Grader Who Wore Rosary

"This school district will get a lesson in the First Amendment.” - Jay Sekulow, Chief Counsel, American Center for Law and Justice (ACLJ)

WASHINGTON, May 24, 2010— Sometimes, it is the school that needs the lesson. 

The American Center for Law and Justice (ACLJ), which specializes in constitutional law, announced today it is preparing to file a federal lawsuit against a New York school that suspended a 13-year-old student for wearing a rosary to class.  Raymond Hosier was suspended from Oneida Middle School in Schenectady, N.Y., for two days last week.  When he returned to school today wearing the rosary, he was suspended again.  The ACLJ represents Raymond and his mother, Chantell Hosier.

"Without question, the continuing action taken by the school district in punishing Raymond for wearing a rosary to school violates the constitutional rights of our client," said Jay Sekulow, chief counsel of the ACLJ.  "Under the law, Raymond has a First Amendment right to wear his rosary to school.  The school district had an opportunity to take corrective action today by permitting Raymond to wear the rosary to school.  Instead, the school district chose to suspend Raymond again.  We are preparing to file suit in federal court to protect the constitutional rights of our client."

The ACLJ sent a demand letter yesterday to the superintendent of the Schenectady City School District, the board of education, and the principal of Oneida Middle School warning them that a lawsuit would be filed if they did not take corrective action and permit Raymond to wear the rosary to school.  The demand letter asserts that Raymond's actions are constitutionally protected:

"Raymond has a First Amendment right to continue to wear his rosary to school as he has been consistently doing since September 2009," the demand letter reads.  "Raymond's rosary is a form of symbolic speech.  The rosary, which includes a Crucifix, is commonly understood to be a religious symbol.  Raymond wears the rosary to convey his faith in God. He also wears it to convey his love for his deceased brother-who many people in the area know was killed at the age of twelve while riding a bicycle-and to convey his love for his recently deceased uncle."

In the letter, the ACLJ also notes that Raymond "has never caused any material and substantial interference with the requirements of appropriate discipline in the operation of the school or with the rights of other students."  Read the full demand letter written by the ACLJ here.

Interview Opportunity:

Jay Sekulow, chief counsel of the ACLJ, is available for comment about the lawsuit against Oneida Middle School.  To schedule an interview with Jay, contact Kelly Wells or Amy Anderson at 770-813-0000.

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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