ACLJ Secures First Amendment Victory after NY School District Changes Policy to Permit Students to Wear Rosary to School

WASHINGTON--(BUSINESS WIRE)--The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today a decision by a school district in New York to eliminate a discriminatory policy that prohibited the wearing of Rosary beads by students because they represented a gang-related symbol represents an important victory for religious freedom. The ACLJ filed suit on behalf of a student, Raymond Hosier, and secured an order from a federal court permitting him 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”

"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." The ACLJ then filed an amended complaint alleging 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 September 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.