FIRST AMENDMENT PROTECTIONS, LIMITS
School-sponsored groups, those that are initiated or formed by a school, cannot promote a religious message. Cheerleaders, sports teams or groups such as a student government organization are extensions of the school. Clubs or other groups formed at schools by students, or student-sponsored groups, can display any message they like. A group’s relationship to the school is a deciding factor in whether it could deliver a public religious message, said Senior Scholar Charles Haynes at the First Amendment Center in Washington, D.C.
FORT OGLETHORPE, Ga. — The Catoosa County Board of Education on Tuesday upheld the ban on the Lakeview-Fort Oglethorpe High School cheerleaders’ Bible verse banners.
The board took a 20-minute recess to consult with its attorney after a pastor, a lawyer, a mother and an activist addressed the board on behalf of the cheerleaders and their banners.
“This is, at heart, a legal issue,” board chairman Don Dycus told the crowd of 80 to 100 people when he returned. “We adopted a resolution as a board unanimously at our Oct. 1 meeting acknowledging that (Superintendent Denia) Reese had made a difficult but the right decision.”
Since the board was not swayed Tuesday by any legal arguments, “that resolution stands,” Mr. Dycus said.
Residents Laurie Ann Laue and Paige Osbourne said they were not surprised but were disappointed.
“I just pray that something else will come of it,” Ms. Laue said.
Ms. Osbourne said “fear” is pushing officials to make their decisions and is the same emotion that drives people “to do nothing.”
When people “do nothing,” they see more invasion of their rights and spiritual health, she said.
Activist Jeremy Jones said several Christian associations have offered free legal representation to the cheerleaders and their families if they decide to pursue the matter.
The dispute arose late last month after Mrs. Reese banned the signs LFO cheerleaders held up on the field for the football team to run through. She took the action after a conversation with LFO parent Donna Jackson about the scriptural references and the possibility they violated federal law.
In the aftermath, school officials held their ground on the ban as Fort Oglethorpe’s Christian community rallied around the cheerleaders and news of the dispute grabbed national attention. A rally a few days after the ban drew more than 1,000 people, many of whom signed petitions submitted to the school board last night.
Mrs. Reese told the crowd she recognized a lot of names on the petitions they submitted to the board.
“I really appreciate the support that our LFO cheerleaders have received during this time,” she said as she held the petitions.
In a gesture of support, Mrs. Reese also signed a petition, despite the fact it called for a reversal of her ban.
She said she was impressed by the community’s response and the cheerleaders’ courage.
“It is the ‘in’ thing for kids to do now,” Mrs. Reese said. “It is the ‘in’ thing for kids to wear their beliefs on their T-shirts and to have signs.”
Board attorney Renzo Wiggins said he contacted a number of legal resources for opinions on the school system’s actions.
“The Christian Law Association called our position in our press release ‘perfect,’” Mr. Wiggins said.
School officials “have not caved in to demands of the minority but instead upheld the principal that protects all religious faiths from entanglement with the government,” he said.
Ben Benton is a news reporter at the Chattanooga Times Free Press. He covers Southeast Tennessee and previously covered North Georgia education. Ben has worked at the Times Free Press since November 2005, first covering Bledsoe and Sequatchie counties and later adding Marion, Grundy and other counties in the northern and western edges of the region to his coverage. He was born and raised in Cleveland, Tenn., a graduate of Bradley Central High School. Benton ...
So much for the power of prayer. Good decision, kids have enuf trouble with school systems that cant teach, don't include brainwashing and cult worship to their burden
I have written a more extensive analysis of the first amendment protection of free exercise of religion titled "Unconstitutional", which is posted on my web site http://www.duck4gov.com/. However, there are some highlights, I feel I should share with you all. The concept of separation of church and state comes from a letter Thomas Jefferson wrote to the Danbury Baptists in 1802, which he was serving as president of the United States. In that letter, he refused to interfere with local religious affairs. The quote resurfaced in the comments of Justice Brown, during a 1947 case which upheld the constitutionality of the state of New Jersey reimbursing a Catholic school for the cost of busing students. Since then the phrase "separation of church and state" has been taken out of context. Furthermore, most people do not realize, that Thomas Jefferson neither wrote the Constitution, nor the Bill of Rights. He merely endorsed them. James Madison wrote both.
There is also a misconception about the constitutionality of laws. Laws are unconstitutional because the Supreme Court declares them so. Laws are unconstitutional as soon as they are written. The courts merely affirm the unconstitutionality of laws. Notice, I said courts. It is possible for a jury to affirm laws are unconstitutional. You are guaranteed representation of a jury, not only in your home state, but in your home district within the state. Refuse to waive your 6th and 7th amendment rights. Demand a jury of your peers within your community. The jury may declare the law unconstitutional.
Madison worded the first amendment very carefully. He did not say, you have a freedom to have a religion, because that would not be giving you anything. How could anyone take that freedom away from you? He said you have a freedom to exercise your religion. By having your religion oppressed, the people of your community has been given a priceless opportunity to exercise their religion. By allowing other banners on the field after the ban, the school has proven, the content is what is important, not the banner. The content is your religion. Regardless of the decision of the school board, you need to get the sign onto the field. Because the school board has ruled you can have the signs 50 feet off the field, those 50 feet also matter. The sign needs to be on the field. Many of the civil rights leaders wanted to be arrested, because they wanted their cases to go to court. Others just wanted to live their lives. Had parents not enrolled their children in schools against the law, Plessy versus Ferguson would have never been overturned by Brown versus the Board of Education. (continued next)
The Bible tells us not to fear men who can destroy our lives, fear God who can destroy our lives and our soul in hell. Since this has been written, Christians have been crucified, beheaded, burned at the stake, and fed to lions. How much more guilty are we if we are afraid of modern jails, our jobs, or federal funds. I question how much people should desire federal funds, since the funds are often simply purchasing things we do not desire anyway. Would you accept a rug with a mark of the beast in your living room, if someone else offered to pay for it? I do not live in your community. I have nothing at stake here. I can't force your hand. However, I can plead with you. If you do not act, this will not end with your school. This very day, another school is about to face a similar situation. For the sake of other Christians, please draw the line here. For the sake of your souls, please stand with God. You will have to bear a cross with him, but is that not the most esteemed position of any Christian?
May God bless you all, Samuel David Duck
I sure hope Mrs Jackson is happy with herself. I myself have taken ethics and law classes in my PhD curriculum, but I had the common sense to not ask the question that I didn't want the answer to. Sometimes it is best to keep our mouths shut. There is a chain of command to follow in the school system, Cheerleader advisor, Principal, School board member representing you, then the Supt. Stupid stuff (like this) happens when you jump the chain. As long as it is student led and student done it is legal according to the Supreme Court.
Get a CLUE
Christians have been crucified, beheaded, burned at the stake, and fed to lions
Would that be as opposed to the crusades where chrisians tortured and killed those who chose not to believe? Can you say Duck is a hypocrite?
Duck is a hypocrite.
There! I said it.
Did I mean it? Yes I did.
I wonder what would happen if Christians in this country would just start ignoring the edicts that deny us our rights. What could the School Board do if the Parents created the banners, and the kids waited for he parents to hold them up to burst thru? What if the Administration called the cops and they refused to intervene? What if the School Board sued and everybody ignored them? What if the Taxpayers demanded of their elected officials that they only enforce constitutional rulings and requirements?
Do you think that could happen???
WAKE UP!--See the bigger picture. It's not only at attack on American people's freedom of religious expression. It's another blow at diminishing ALL Americans freedom--NO MATTER WHAT RELIGION YOU DO OR DON'T PRACTICE. Is that REALLY what you want?
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