Saturday, July 15, 2006

I love the Bill of Rights

Please read both articles, there's another one about a student - they're taken from the ACLU website (there's a link on my blog). Isn't it cool?


ACLU of West Virginia and Americans United Seek Removal of High School Portrait of Jesus (6/28/2006)

FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org

CHARLESTON, WV - The American Civil Liberties Union of West Virginia and Americans United for Separation of Church and State today asked a court to order the removal of a large portrait of Jesus prominently displayed outside the principal's office at Bridgeport High School, saying that the display is an unconstitutional endorsement of religion.

"The Constitution's ban on government endorsement of religion is good for both government and religion. It keeps religion free and allows government to represent us all," said Andrew Schneider, Executive Director of the ACLU of West Virginia. "In violating that ban, Bridgeport High School is interfering with the right of all students to freely express their religious beliefs."

The current debate dates to a March meeting of the Harrison County Board of Education, when a local resident, Harold Sklar, submitted a formal request that the portrait be taken down. However, this is not the first time the display has been questioned. Sklar had asked for the portrait's removal several times over a 10 year period, but his requests were ignored.

Schneider noted that even if the portrait reflected the beliefs of a majority of individuals, the United States Supreme Court ruled unequivocally in 1943 in a landmark West Virginia case that the purpose of the Bill of Rights was to ensure that fundamental liberties like freedom of religion are not subject to the whims of a majority.
"School officials are flouting the First Amendment principle of church-state separation and in the process providing students a shoddy civics lesson," said Richard Katskee, Assistant Legal Director of Americans United.

The lawsuit, filed in the United States District Court for the Northern District of West Virginia, seeks to remove the portrait and obtain damages as well as reasonable attorneys' fees.



ACLU of New Jersey Defends Second-Grader's Right to Sing Religious Song (6/5/2006)

FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org

NEWARK, NJ -- The American Civil Liberties Union of New Jersey today filed a friend-of-the-court brief in a case seeking to uphold an elementary school student's right to religious expression.

The Frenchtown Elementary School student, whose initials are O.T., wanted to sing the song "Awesome God" in a voluntary, after-school talent show. School officials refused to allow the student to sing her song, saying it would give the impression that the school favored religion. “O.T.” remains anonymous to protect her privacy.

"There is a distinction between religious expression initiated or endorsed by school personnel, and speech initiated by individual students," said ACLU of New Jersey cooperating attorney Jennifer Klear of Drinker, Biddle & Reath in New York. "The Constitution protects a student's individual right to express herself, including religious expression."

In its brief, the ACLU argued that no reasonable observer would have believed that the school endorsed the religious message behind the student's song, and that the school therefore had no right to deny her choice of song.

The talent show was open for anyone from the 1st through 8th grades who wished to play a solo instrument, dance, perform a skit or sing karaoke. Students were permitted to select their own songs or skits.

"We are dedicated to protecting the right of individual religious expression," said ACLU of New Jersey Legal Director Ed Barocas. "O.T. has our full support in defense of her right to sing a religious song in the talent show."

The ACLU of New Jersey has participated in other cases involving the right of individual religious expression, including recently helping to ensure that jurors are not removed from jury pools for wearing religious clothing and that prisoners are able to obtain religious literature.

The case, O.T. v. Frenchtown Elementary School, was filed in federal court in Trenton.

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