District Judge Steve Thomas granted an injunction requested by the Kountze High School cheerleaders allowing them to continue displaying religious-themed banners pending the outcome of a lawsuit, which is set to go to trial next June 24, Texas Attorney General Greg Abbott said. Thomas previously granted a temporary restraining order allowing the practice to continue.
School officials barred the cheerleaders from displaying banners with religious messages such as, "If God is for us, who can be against us," after the Freedom From Religion Foundation complained. The advocacy group says the messages violate the First Amendment clause barring the government — or a publicly funded school district, in this case — from establishing or endorsing a religion.
Gov. Rick Perry, who appointed Thomas, a fellow Republican, to the district court to fill a vacancy, issued a statement welcoming the ruling.
"Today's ruling is a victory for all who cherish our inalienable right to freedom of speech and religious expression," Perry said. "I am proud of the cheerleaders at Kountze ISD for standing firm in the knowledge of these endowed rights and their willingness to be an example in defending those rights, which a secular group has needlessly tried to take away."
Abbott, who filed court papers seeking to intervene in the lawsuit on behalf of the cheerleaders, also issued a statement commending the ruling.
"Students' ability to express their religious views adds to the diversity of thought that has made this country so strong," Abbott said.
Abbott argued that the Texas Education Code also states that schools must respect the rights of students to express their religious beliefs.
"It is the individual speech of the cheerleaders and not in fact the government speaking," David Starnes, the cheerleaders' attorney said, according to KDFM television. "It is not just one girl or one person in the group that comes up with the quote, but it's on a rotating basis that each girl gets to pick the quote. That is their individual voices that are being portrayed on the banner."
Thomas Brandt, the attorney representing the school district, said the superintendent had acted to comply within existing legal rulings.
The Anti-Defamation League issued a statement in which it called the judge's decision misguided.
"Public schools are for children of all faiths or no faith, and these banners were clearly being displayed in the context of school-sponsored activities," the group said. "Faith is a profoundly personal decision, so students should not be subjected to an exclusionary school-sponsored religious message on campus or be forced to choose between attending quintessential school events — football games — or being subjected to an unwanted religious message."
The Freedom From Religion Foundation, which is dedicated to the separation of church and state, said it is ready to provide legal assistance to anyone living in the school district who wants to join the lawsuit to ban religious banners at school events.
"Since the state's top law enforcer, Attorney General Greg Abbott, and its highest executive officer, Gov. Rick Perry, have openly expressed contempt for atheists and the Establishment Clause, this leads to a climate of intolerance," Dan Barker, the group's co-president, said. "It takes courage to face down the full apparatus of state government."
Comments
So , this judge has basically opened the door for these kids to display banners with whatever they want on them . How long before someone decides to write something that offends Christians just to test this judge's ruling ? What's the old saying ? " Be careful what you wish for ..."
We sure don't want any Red Neck, Gun Totin, Christian Crap On them there banners.It might lead to God Bless America or Thank You Soldiers For Our Freedom!What years were you in the service ?If the Atheists want a sign we'll have the visiting team run with a big "A"
Bluto, likely never served, as is the case with most of the loud mouth libs on here that claim patriotism.
Hey there knuckledagger , Chillax ! I agree with freedom of speech and all but schools should be able to set their own policies . How would you react if someone held out anti-Amercan banners at a school game ? Would you be cool with that ? I'm thinking NO . And what's with trying to call someone out on their service record when YOU can't even prove your own without revealing personal info ? Pretty weak dude.
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Interesting comment, Jackel. I'm an atheist, and I love America as much as anyone, and am appreciative of our soldiers/veterans just as you are. I just don't believe in the Christian myth, and don't think it has any place in a public school event. Separation of church and state has been maintained in dozens of court decisions, and this temporary injunction will undoubtedly be overturned, as it well should. Judges want to get re-elected, so his self-serving decision in a Bible-toting community is sad, but not a surprise.
So a football game is "the State" now? Are you seriously implying that cheerleaders holding up signs with Bible verses is establishing a state religion?? SMH
If you have the heart (or lack thereof) to go tell those little girls that they are doing something wrong and that they cannot hold up their signs they spent time drawing...I dunno what is wrong with you.
Christians were assaulted by a mob of Muslims in Dearborn, Michigan (stones, bottles and whatnot thrown at them) and the police did nothing..they walked away.
Before you wanna call for action against cheerleaders drawing up signs, I think you better deal with the Dearborn incident first..since Obama refuses to (since it is such a hotbed of support for him).
By the way, I bet you believe in the Big Bang theory and the gravitational model theory as well, even though Plasma Cosmology has already disproven it.
Go to http://physicsmyths.org.uk and have a clue.
This is about Electromagnetism and a Free Energy world..not religion. Don't fall into that trap.
Tough crap freethinker. You are entitled not to believe in a supreme being if you wish. The Constitution ensures the freedom for individuals to their religion. It doesn't ensure the freedom to take religion away. Students making signs does not constitute a state sponsor of religion. They already allow prayer groups and the like in schools. As long as the groups are organized by students and not the school it is allowed. The same thing goes for the signs. I doubt it will ultimately be overturned, as long as no school employees are involved in the activity. Sorry bud but there is already legal precedence for this. The problem with atheists is that they don't think anyone should force their religion down an atheists throat but it is perfectly ok for an atheist to cram their lack of belief down someones throat.
What would happen if the religous sayings were of a DIFFERENT religion? Would the judge and others still be tolerant of it? I love the freedom of religion, seperation of church and state, free speech and all the other things that people support. BUT when it is of a NON-christian religion they are AGAINST any part of it. So if the cheerleaders were "praising SATAN...and selling their souls to the devil for a WIN" would that still be allowed and free speech?
They have already posted different sayings of different religions, go to Dearborn and see for yourself.
Seems all those prized citizens that we as a community wished would move to the Soviet Union, Cuba or Transylvania had to come out of the woodwork with this article.
Oh, and freethinker, just to let you know that "Separation of Church and State" is NOT in our constitution here in America, but it is in your Soviet Constitution. Maybe you should take off the 'thinker' part off from your posting name.
As long as its student driven, its ok. If a teacher or advisor were telling them to put that on the banner, that would be an attempt to establish a religion in the school. That's my legal opinion. Personally, I think its a little silly since I doubt God takes sides in a football game, but whatever. Maybe the banner isn't intended to be about the game.
It is kind of ironic reading this today. Just last night a Christian, Arabic friend of mine who just completed his US citizenship was telling me something interesting. He has been attending a federal school to improve his English; he told me that they say the “Pledge of Elegance” every day before starting. He also told me that the school is considering removing the word (GOD) from this so that some are not offended.
It is very sad that new citizens are being taught that we as a nation are beginning to not believe in the basics that the founding fathers established to help guide this great country.
By the way he studied abroad because a visa was difficult to get at that time to the US. He had a job before coming here and found a job when he got here, without help from the government. He just bought a new car to establish his credit and is saving to buy a home. He has asked why he pays so much out of his check in taxes, I laughed and said it may be more my friend, it may be more next year.
2cents - did you know that "under God" was not originally in the Pledge of Allegiance? It was added in 1954. So it had nothing to do with our founding fathers, as you believe.
No I did not, thank you. Do you know why it was added?
Actually, our founding fathers had nothing to do with a Pledge of Allegiance. It was written in 1892 (over 100 yrs after we became a country), by a Baptist minister. It was written with the intent that it could be used by any country, not just the US. In 1923, the Flag of the United States of America was added. In 1954, in response to the "Communist" threat President Eisenhower added the words, "under God."
It was informally added by religious groups, then during the Eisenhower administration, a bill was introduced and Ike signed it. I think from what I've read there was a fear of godless communism at that time. It was the mood of the nation. That's when money was changed as well. I'm a religious person, myself. But in my opinion, it should have been left as originally written.
If this was one cheerleader's personal message, it would be fine. If it the cheerleaders-as-a squad message, then it's not appropriate since it is a school-sponsored group and a school banner. People better be careful--what if the next group wants to make a Satanist banner? It will have to be allowed if this one is allowed.
The schools are funded by taxpayers, are they not?
The cheerleaders are most likely children of taxpayers, are they not?
Some taxpayers revere the Bible, do they not?
There is nothing about this that establishes a state religion..period. The school has no official endorsement of any religion at all.
This is what we call "making a mountain out of a molehill."
If someone wants to run around with a satanist message on a sign, that is their issue and they will have to deal with the reactions they get..just as these cheerleaders do.
As long as there are tests in school, there will be prayer in school.
Any student can pray in public school. But those schools cannot promote or endorse it.
Are there any public schools that make public promotions or endorsements of any religion at all?
No? I thought not.
I "endorse" freedom of speech. <--- I "approve" THIS message : P
Knuckledragger should read Informed's most recent post. I couldn't agree more. Interesting that Knuckle thinks I'm trying to cram my point of view down his throat, when I am merely stating my case as he did. As far as I can tell, the only people trying to force anything down anyone's throat are the Christian kids who displayed the sign.
I have no problem with them believing in God. They're entitled to their beliefs. But I do have a problem with them bringing religion into a public, secular event. If they think religion should be at a school event, then, can I assume that they would be ok if I bring educational discussions into church? Say, a good discussion on evolution? Or how Ignoring science doesn't make it any less true? I'm open minded to any continued discussion....
You don't have to look at the signs, ya know.
You claim to be fine with people believing in God, as long as they do not utter (or print) a single word about it. In my opinion, you are too much a fan of censorship to be a free thinker : P
Are you implying that Christians ignore science? Strange..I see plenty of Christians claiming that their God intelligently designed your evolution.
On the other hand, alot of religious people are paying attention to Plasma Cosmology http://www.plasmaphysics.org.uk whereas the "mainstream" cosmologists (i.e. Big Energy lapdogs) are the ones doing the ignoring..and clinging to their own dogma. http://www.physicsmyths.org.uk/
Risk, if a public school cheerleading squad, which is a government entity, makes religious messages, then it most certainly is promoting or endorsing religion. What about that do you not get?