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Court Issues TRO So Boy Can Wear Rosary To School

By Howard M. Friedman

As it had previously threatened to do (see prior posting), yesterday the American Center for Law & Justice filed suit in a New York federal district court on behalf of a 13-year old middle school student in Schenectady, New York who was suspended for wearing a rosary outside his shirt to school. The school argued that items made of beads are gang-related. The complaint (full text) in R.H. v. Schenectady City School District, (ND NY, filed 6/1/2010), contended that the student's suspension violated his free speech and expression and free exercise rights. It also claims that the school's dress code is impermissibly vague. A few hours after the lawsuit was filed, the court issued a temporary restraining order (full text of TRO) barring school officials from preventing plaintiff from attending school while wearing a rosary outside his shirt. (ACLJ Press Release.) The ACLJ memorandum in support of the application for a TRO is also available online. Yesterday's Christian Post also reports on the TRO.

Full post as published by Religion Clause on June 02, 2010 (boomark / email).