Update: A federal judge this afternoon ordered a 13-year-old seventh-grade student reinstated to school in Schenectady pending a hearing into whether authorities had a legal right to suspend him for wearing a rosary. School officials contend the rosary violates the school's ban on "gang-related clothing." U.S. District Judge Lawrence E. Kahn has scheduled a hearing in the case for June...
Update: A federal judge this afternoon ordered a 13-year-old seventh-grade student reinstated to school in Schenectady pending a hearing into whether authorities had a legal right to suspend him for wearing a rosary.
School officials contend the rosary violates the school's ban on "gang-related clothing."
U.S. District Judge Lawrence E. Kahn has scheduled a hearing in the case for June 11.
Syracuse lawyer Raymond Dague said Kahn made a "wise decision" allowing the youth back into school pending the outcome of the case.
Syracuse, NY - A Syracuse lawyer today filed a federal lawsuit seeking to get a 13-year-old boy readmitted to school in Schenectady after he was suspended for wearing a rosary.
Lawyer Raymond Dague said the Schenectady City School District contends the boy violated the school’s “gang-related clothing ban” by wearing the rosary to school.
“The only rational explanation for the conduct of these administrators is that they are hostile to the religious expression of this boy,” Dague said, calling the district’s explanation “so ludicrous that nobody would believe such a silly pretext.”
According to Dague, the 13-year-old seventh-grade student at Oneida Middle School, carries the rosary as a memory of a brother who died in 2005 with the rosary in his hand. The youngster also carries the rosary in memory of a deceased uncle - who recently died of brain cancer – who taught him about the rosary, the lawyer said.
According to Dague’s court papers, the youth – identified in the documents only by the initials R.H. – has been wearing the purple-beaded rosary around his neck outside his clothing since September. But on May 17, school officials informed him and his mother that violated the school dress code because it was made of beads and was, therefore, gang related, the complaint charges.
The youth returned to school wearing the rosary the following day without incident. But when he again wore the rosary to school May 19, he was suspended.
According to the federal complaint, the school principal told the boy’s mother the rosary was considered a gang-related symbol and her son would face further disciplinary action if he returned to school wearing it on May 24.
When the youth returned to school May 24 wearing the rosary, he again was suspended, the court papers indicate.
The lawsuit, filed today in U.S. District Court in the Northern District of New York, contends school officials have violated the student’s First Amendment freedom of speech and expression and his right to the free exercise of religion.
The lawsuit seeks to have the school dress code declared unconstitutionally vague and overbroad and to permanently enjoin school officials from enforcing it.
Dague included an affidavit from the youth in support of his court papers.
“I am not a member of a criminal gang. I do not have friends who are gang members. I do not dress as a gang member. For example, I wear my pants at my waist and do not wear bandanas on my head or hanging from my pockets,” the teenager noted.
“I wear the rosary to express my faith in God. I also wear in out of love for my deceased brother and uncle. When I wear my rosary I feel protected by God and by my deceased brother and uncle. I also wear it to show people that I am Christian,” he added.
The youth explained that his 11-year-old brother died in 2005 after fixing the younger brother’s bike, taking it for a test ride and getting hit by a passing sport utility vehicle. The family placed the purple rosary in the injured child’s hands as they prayed for his recovery, but he died, the suspended student added in his affidavit.
He acknowledged school officials told him he could wear the rosary if he wore it tucked inside his shirt. But he said he wanted to wear it outside his shirt because of his religious faith.
Dague said the case has been assigned to Albany-based U.S. District Judge Lawrence E. Kahn. Dague said he is seeking an order to have his client returned to court as soon as possible, but no date has yet been set to hear that request.