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(Of course this is good news for religious liberty, but some of the things reported here are very troubling.
The first thing we need to note is that these cheerleaders are not government entities, they are individuals expressing their religious proclivities. The manner, place, or time at which they exercise their religious liberty is not a matter for government to decide. "Congress shall make no law..." is unambiguous.
The second thing is the judge's statement that no law "prohibits cheerleaders from using religious-themed banners at school sporting events.” This is irrelevant and bone-headed. Had there been such a law, it would be unconstitutional. The judge was ruling on the constitutionality of religious expression in the public schools, so whether it was a school policy or a law did not matter.
The third thing is the judge's statement that "the establishment clause does not prohibit the use of such religious themed banners..." The restrictions of establishment clause is applies to government activities. It tells government what it can't do. It does not tell cheerleaders or any other person what they can't do.
The fourth thing is the statement made by the school's attorney that "the district can permit the banners under the establishment clause but is not required to do so." If the judge truly ruled this way it was another bone-headed move. The school has no choice as to whether or not it "permits" people to exercise their rights. One more time. The first amendment does not empower government in any way. It only limits government and tells government what it cannot do.)
HOUSTON (AP) — A judge ruled Wednesday that cheerleaders at a Southeast Texas high school can display banners emblazoned with Bible verses at football games.
But the ruling might not have settled the issue of whether the banners are protected free speech, according to an attorney for the cheerleaders’ school district.
State District Judge Steven Thomas determined the Kountze High School cheerleaders’ banners are constitutionally permissible. In the ruling, Thomas determined that no law “prohibits cheerleaders from using religious-themed banners at school sporting events.”
The Kountze school district had initially said the banners could not be displayed after receiving a complaint about them in September from the Freedom From Religion Foundation. The foundation argued the banners
violated the so called First Amendment Establishment Clause that bars government — or publicly funded school districts in this case — from establishing or endorsing a religion.
Thomas ruled that the establishment clause does not prohibit the use of such religious themed banners at school sporting events.
“This is a great victory for the cheerleaders and now they’re going to be able to have their banners,” said Hiram Sasser, a lead attorney for the Liberty Institute, a Plano, Texas-based nonprofit law firm that represented the cheerleaders.
But Thomas Brandt, the school district’s attorney, argued that Judge Thomas also granted a school district motion in his ruling that says the district can permit the banners under the establishment clause but is not required to do so.
But the ruling might not have settled the issue of whether the banners are protected free speech, according to an attorney for the cheerleaders’ school district.
State District Judge Steven Thomas determined the Kountze High School cheerleaders’ banners are constitutionally permissible. In the ruling, Thomas determined that no law “prohibits cheerleaders from using religious-themed banners at school sporting events.”
The Kountze school district had initially said the banners could not be displayed after receiving a complaint about them in September from the Freedom From Religion Foundation. The foundation argued the banners
violated the so called First Amendment Establishment Clause that bars government — or publicly funded school districts in this case — from establishing or endorsing a religion.
Thomas ruled that the establishment clause does not prohibit the use of such religious themed banners at school sporting events.
“This is a great victory for the cheerleaders and now they’re going to be able to have their banners,” said Hiram Sasser, a lead attorney for the Liberty Institute, a Plano, Texas-based nonprofit law firm that represented the cheerleaders.
But Thomas Brandt, the school district’s attorney, argued that Judge Thomas also granted a school district motion in his ruling that says the district can permit the banners under the establishment clause but is not required to do so.
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