NSBA Legal Clips
Archived entries for Free Exercise Clause

Federal appeals court upholds New Mexico district’s ban on student distribution of rubber doll fetuses

The U.S. Court of Appeals for the Tenth Circuit ruled that a New Mexico school district’s decision to ban students from distributing rubber doll fetuses on campus as part of the students’ anti-abortion activities did not violate the students’ First Amendment free speech or free exercise of religion rights, or their Fourteenth Amendment equal protection rights.

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Religious group sues Pennsylvania district for assessing fee to use school facilities for Bible club

The Patriot News reports that the Child Evangelism Fellowship of Dauphin County Inc. has filed suit in federal court against the Harrisburg School District, alleging that HSD’s demand for CEF to pay an annual rental fee of $1,200 to hold a Bible-based after-school program is not only excessive, but discriminatory.

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Federal district court grants permanent injunction barring New York City Board of Education from excluding churches from using school facilities for religious services

At the direction of the U.S. Court of Appeals for the Second Circuit to render a final judgment on an existing preliminary injunction, a New York federal district court has granted summary judgment in favor of the Bronx Household of Faith, and has issued a permanent injunction allowing BHF to hold Sunday religious services in a New York City public school.

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Religious group suing Arizona district over policy banning distribution of religious materials

Child Evangelism Fellowship of Arizona (CEF-AZ) has filed suit against Dysart Unified School District (DUSD) in federal court over the school district’s policy that bans the distribution of flyers with a religious message, says the Phoenix New Times. CEF-AZ’s legal complaint alleges that while DUSD allows other community groups to pass out flyers to students, it unconstitutionally discriminates against religious groups.

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Florida federal district court rules school district’s prohibition on students wearing t-shirts denigrating Islam does not violate students’ constitutional rights

A federal district court in Florida has granted a school district’s motion for summary judgment in a suit brought by students who were prohibited from wearing t-shirts in school and at school-related events captioned “Islam is of the Devil.” The court concluded that neither the school district’s prior dress code nor the current one under which the t-shirts would be subject to a ban violated the students’ constitutionally-protected free speech rights.

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North Carolina school district revises dress code to allow facial jewelry

The Johnston County school board voted unanimously to change the school system’s dress-code policy to allow facial jewelry. The old policy banned jewelry on the nose, tongue, lips, cheek or eyebrow, reports the News & Observer. The change comes three months after Johnston County Schools settled a lawsuit that made its way to federal court. Clayton High School student Ariana Iacono sued school leaders last year after she was repeatedly suspended for refusing to remove her small nose stud.

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Mississippi school district embroiled in dispute with First Amendment advocacy group over prayer at football games and distribution of Bibles in elementary schools

The DeSoto Times Tribune reports that shortly after the Freedom From Religion Foundation (FFRF) sent a letter to DeSoto School District (DSD) asking it to discontinue the practice of broadcasting pre-game prayer at football games over the PA system, DSD Superintendent Milton Kuykendall criticized FFRF publicly, accusing the organization of suing the district to “take millions of our funds.” FFRF asked Kuykendall to retract his comments.Meanwhile, FFRF notified DSD that it had received complaints saying Gideons distribute bibles to DeSoto County students during instructional time, prompting it it to ask the school to no longer allow the activity.

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Colorado school district permanently enjoined from implementing private school voucher program

Denver County District Court has issued a permanent injunction prohibiting Douglas County School District (DCSD) from implementing Colorado’s Choice Scholarship Program, which provides tuition vouchers for private schools, including sectarian schools, from state funds. The court concluded that the program violates a number of provisions in the state constitution that guarantee separation of church and state and free exercise of religious beliefs.

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Students sue New York school district for formal recognition of Christian club

Courthouse News Service reports that two students and their parents have brought suit in federal court against Hicksville High School in Long Island, New York challenging the principal’s rule that any religious club on campus be “a ‘multi-faith’ club for all religions and denominations,” and that “non-believers must be allowed to lead the religious club.” The suit names the Hicksville Board of Education and high school principal as defendants.

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Students entitled to permanent injunction protecting free speech rights to wear “Be Happy, Not Gay” t-shirts

A three-judge panel of the U.S Court of Appeals for the Seventh Circuit (IL, IN, WI) has ruled that students are entitled to a permanent injunction prohibiting a school district from banning them from wearing clothing at school displaying the message “Be Happy, Not Gay,” plus nominal damages. The panel concluded that the evidence presented by the school district was insufficient to satisfy the Tinker substantial disruption standard.

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