{"id":650,"date":"2011-07-18T15:35:52","date_gmt":"2011-07-18T19:35:52","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=650"},"modified":"2011-07-18T15:36:56","modified_gmt":"2011-07-18T19:36:56","slug":"time-to-end-discriminatory-laws-aimed-at-teachers","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/time-to-end-discriminatory-laws-aimed-at-teachers.html","title":{"rendered":"Time to End Discriminatory Laws Aimed at Teachers"},"content":{"rendered":"

\"\"<\/a>We’re watching developments very closely in Pennsylvania as the state legislature considers an important bill to repeal a 116-year-old discriminatory law that bars public school teachers from wearing religious symbols in the classroom<\/a>.
\n\u00a0
\nThere’s been a law on the books since 1895 that effectively punishes teachers who exercise their First Amendment rights. Under the law, a public school teacher who wears a cross, yarmulke or other religious symbol in the classroom could be suspended from teaching for one year, and multiple offenses could lead to permanent disqualification. School board members could be held criminally liable for failing to enforce the prohibition.
\n\u00a0
\nThankfully, two members of the Pennsylvania legislature are moving forward with a bill to repeal this dreadful law.<\/p>\n

This law is unconstitutional and violates not one, but three, provisions of the First Amendment. In suppressing teacher expression and religious viewpoint, it violates the Free Speech Clause. In specifically singling out religious expression as prohibited, it violates the Free Exercise Clause. Finally, by penalizing the wearing of religious symbols, but not secular ones, it violates the Establishment Clause — which not only prohibits government establishment of religion, but government hostility to religion as well.
\n\u00a0
\nIn 2003, we successfully defended a teacher’s aide from western Pennsylvania\u00a0who was disciplined for wearing a cross necklace to school – a school policy that was based on that 1895 law.\"\"<\/a>
\n\u00a0
\nIn that case, we went to court to protect the constitutional rights of a teacher’s aide in a school district near Pittsburgh<\/a>. In April 2003, school officials suspended Brenda Nichol without pay for one year for wearing a cross necklace to school. We filed a federal lawsuit on her behalf and asked the court to issue a preliminary injunction. That’s exactly what a federal judge did. And, in granting our request for a preliminary injunction, the judge said Nichol should be reinstated and given back pay because the policy was “openly and overtly averse to religion.”
\n\u00a0
\nThe court concluded that the school district’s policy displayed “hostility toward religion” and violated the Free Exercise Clause of the First Amendment<\/a>. The court ordered Nichol to be re-instated to her former position with back pay and benefits pending final disposition of the case at a hearing for a permanent injunction. We then reached a settlement agreement in the case with the school district, which agreed to make the preliminary injunction permanent.
\n\u00a0
\nNow, eight years later, Brenda Nichol, who holds the same job and continues to wear her cross, told a reporter she believes the law should be eliminated. “I think it’s important to be able to have freedom of expression,” she said. “In our country, that’s one of the fundamental rights.”
\n\u00a0
\nWe agree.<\/p>\n

Should Pennsylvania repeal its teacher religious garb law, and the indications are strong that it will, then only one state in the country will be left with such a law: Nebraska. In Nebraska, which enacted its law in 1919, it is a misdemeanor for a teacher to wear any “dress or garb” indicating that he or she is a “member or an adherent of any religious order, sect, or denomination.”\u00a0<\/p>\n

It’s only a matter of time before this law is either repealed, like Oregon did with its law last year, or is struck down as unconstitutional by a court.<\/p>\n","protected":false},"excerpt":{"rendered":"

We’re watching developments very closely in Pennsylvania as the state legislature considers an important bill to repeal a 116-year-old discriminatory law that bars public school teachers from wearing religious symbols in the classroom. \u00a0 There’s been a law on the books since 1895 that effectively punishes teachers who exercise their First Amendment rights. Under the…<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[54,210,66],"tags":[743,218,214,77,776,211,212,216,215,213,219,217],"class_list":["post-650","post","type-post","status-publish","format-standard","hentry","category-religious-freedom","category-teachers","category-u-s-constitution","tag-aclj","tag-banning-religious-symbols","tag-cross-necklace","tag-establishment-clause","tag-first-amendment","tag-free-exercise-clause","tag-free-speech-clause","tag-nebraska","tag-pennsylvania","tag-public-school-teachers","tag-religious-garb-law","tag-repeal-law"],"yoast_head":"\nTime to End Discriminatory Laws Aimed at Teachers - Faith & Justice<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/time-to-end-discriminatory-laws-aimed-at-teachers.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Time to End Discriminatory Laws Aimed at Teachers - Faith & Justice\" \/>\n<meta property=\"og:description\" content=\"We’re watching developments very closely in Pennsylvania as the state legislature considers an important bill to repeal a 116-year-old discriminatory law that bars public school teachers from wearing religious symbols in the classroom. \u00a0 There’s been a law on the books since 1895 that effectively punishes teachers who exercise their First Amendment rights. Under the…\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/time-to-end-discriminatory-laws-aimed-at-teachers.html\" \/>\n<meta property=\"og:site_name\" content=\"Faith & Justice\" \/>\n<meta property=\"article:published_time\" content=\"2011-07-18T19:35:52+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2011-07-18T19:36:56+00:00\" \/>\n<meta property=\"og:image\" content=\"http:\/\/blog.beliefnet.com\/faithandjustice\/files\/2011\/07\/shutterstock_79098265-150x150.jpg\" \/>\n<meta name=\"author\" content=\"Jay Sekulow\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Time to End Discriminatory Laws Aimed at Teachers - Faith & Justice","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/07\/time-to-end-discriminatory-laws-aimed-at-teachers.html","og_locale":"en_US","og_type":"article","og_title":"Time to End Discriminatory Laws Aimed at Teachers - Faith & Justice","og_description":"We’re watching developments very closely in Pennsylvania as the state legislature considers an important bill to repeal a 116-year-old discriminatory law that bars public school teachers from wearing religious symbols in the classroom. \u00a0 There’s been a law on the books since 1895 that effectively punishes teachers who exercise their First Amendment rights. 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He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/650","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=650"}],"version-history":[{"count":16,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/650\/revisions"}],"predecessor-version":[{"id":666,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/650\/revisions\/666"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=650"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=650"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=650"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}