{"id":287,"date":"2010-05-24T16:20:06","date_gmt":"2010-05-24T16:20:06","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2010\/05\/the-rosary-a-gang-symbol.html"},"modified":"2010-05-24T16:20:06","modified_gmt":"2010-05-24T16:20:06","slug":"the-rosary-a-gang-symbol","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2010\/05\/the-rosary-a-gang-symbol.html","title":{"rendered":"The Rosary – A Gang Symbol?"},"content":{"rendered":"

Barry,<\/font><\/span><\/p>\n

With confirmation hearings <\/a>for Supreme Court nominee Kagan set to begin June 28th, <\/font><\/span>we’ll soon find out how much we will learn about Supreme Court nominee Kagan.<\/span><\/font><\/p>\n

I want to turn now to a story developing in New York State.  <\/span>We represent a 13-year-old seventh-grade student <\/a>who has been suspended by school officials for wearing a Rosary to school.  <\/span><\/font><\/span> <\/font><\/span><\/p>\n

Raymond Hosier <\/a>and his mother, Chantell, have told us that school officials in Schenectady said the Rosary violated school policy – comparing it to a gang symbol.  <\/span>They’ve also shared their story with the news media. <\/font><\/span><\/p>\n

<\/p>\n

Raymond has displayed the Rosary around his neck since last year without incident.  <\/span>He says the religious artifact, which includes beads and a Crucifix, bring him comfort and he wears it to honor his brother and uncle who have both passed away.<\/font><\/span><\/p>\n

<\/span>Barry, the school district is simply on the wrong side of the law on this one.  <\/span>To punish Raymond – who was suspended again today when he showed up at school with the Rosary – for expressing his religious beliefs, as you know, violates the First Amendment.<\/font><\/span><\/p>\n

<\/span>More than 40 years ago, the Supreme Court resolved the legal issues raised in this case in its decision in Tinker v. Des Moines Indep. Community Sch. Dist<\/a><\/i>., 393 U.S. 503 (1969).  <\/span><\/font><\/span><\/p>\n

<\/span><\/font><\/span>In that case, students wore black armbands on their sleeves to exhibit their disapproval of the Vietnam hostilities. As a result, the students were sent home and suspended from school. They were not allowed to return to school so long as they wore the armbands. <\/font><\/span><\/p>\n

<\/span>Ruling in favor of the students, the Supreme Court in Tinker<\/i> held that students do not lose their constitutional rights of freedom of speech and expression once they step foot on school grounds. School officials do not possess complete authority over students, and students may not be required to express only those sentiments that are officially approved. Students may express themselves on campus so long as their expression does not cause “material and substantial” interference with the workings of the school or with the rights of others.<\/font><\/span><\/p>\n

<\/span>Barry, the fact is that Raymond’s wearing of the Rosary has never caused  <\/span>any “material and substantial” interference with the requirements of appropriate discipline in the operation of the school or with the rights of other students.<\/font><\/span><\/p>\n

<\/span>In equating the Rosary to a gang symbol, the school district said the Rosary violates its dress code which states:   <\/span>“[a] student’s dress … shall … not denote, represent or be deemed to be gang related, included but not limited to bandanas, colors, flags or beads.”   <\/span>The fact is this school dress code is unconstitutionally vague on its face, and the application of that code to Raymond violates his due process rights.  <\/span>The code is written in such a way that people must guess at its meaning and application, which leads to arbitrary and discriminatory enforcement.<\/font><\/span><\/p>\n

<\/span>The school is interpreting the vague code, which prevents the wearing of gang-related beads, to apply to Raymond ‘ s Rosary simply because it contains beads. Raymond is not part of a gang and is not wearing the Rosary to indicate that he is part of a gang .  <\/span>He is wearing the Rosary for religious and personal reasons.<\/font><\/span><\/p>\n

<\/span>It’s also clear that the school is arbitrarily using the vague code to silence Raymond’s religious message.  <\/span>In contrast, the school is not using the code, which specifically prohibits the wearing of bandanas, colors, and flags, to prevent students who commonly wear bandanas on their heads or hanging out of their pockets, even though the display of bandanas in such a manner is generally considered by the popular culture to be “gang-related.”  <\/span>The simple fact is that the wearing of a light-color purple Rosary, especially by Raymond, is not.<\/font><\/span><\/p>\n

<\/span>There are numerous court decisions declaring similarly vague school dress codes unconstitutional.<\/font><\/span><\/p>\n

<\/span>We’re in the process of preparing a federal lawsuit that we will file – if necessary – to ensure that Raymond’s First Amendment rights are protected.  <\/span> <\/span><\/font><\/span><\/p>\n

<\/span><\/font><\/span>Barry, you don’t believe the school district can convincingly argue that a Rosary is a gang symbol, do you?  <\/span>I am interested in hearing your thoughts on this case.<\/font><\/span><\/p>\n

To subscribe to “Lynn v. Sekulow” click <\/font>here<\/font><\/a>.<\/span><\/span><\/font><\/font><\/span><\/span><\/span><\/font><\/font><\/span><\/font><\/span><\/font><\/span><\/span><\/span> <\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/p>\n

 <\/font><\/span><\/p>\n

\n

<\/font><\/span><\/p>\n

 <\/font><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Barry, With confirmation hearings for Supreme Court nominee Kagan set to begin June 28th, we’ll soon find out how much we will learn about Supreme Court nominee Kagan. I want to turn now to a story developing in New York State.  We represent a 13-year-old seventh-grade student who has been suspended by school officials for…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[139,36,11,328],"tags":[],"class_list":["post-287","post","type-post","status-publish","format-standard","hentry","category-first-amendment","category-free-speech","category-public-schools","category-religious-discrimination"],"yoast_head":"\nThe Rosary - A Gang Symbol? - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. 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