The Texas Supreme Court has ruled unanimously that the Kountze cheerleaders are allowed display Bible verses on run-through banners at school football games.
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The lawsuit – which centered around cheerleaders from Kountze ISD – was thrown out in 2014 after the school distracted walked backed from the policy that banned Christian-themed signs.
“The District no longer prohibits the cheerleaders from displaying religious signs or messages on banners at school-sponsored events”.
The majority opinion, written by Justice John Devine, said:”Throughout this litigation, the district has continually defended not only the constitutionality of that prohibition, but also its unfettered authority to restrict the content of the cheerleaders’ banners – including the apparent authority to do so based exclusively on their religious content”.
The Republican leaders of Texas, who have stood by the cheerleaders, saw the court’s decision as a victory for religious freedom while the group that brought the initial complaint over the banners to the school district saw the court’s decision as narrow and limited.
“This dispute over the fundamental constitutional right to freedom of speech and religious expression is anything but moot, “read the appeal”.
Thomas Brandt, an attorney representing the school district, did not return a call for comment Friday.
But the cheerleaders and their attorneys insisted the banners represented the private speech of the cheerleaders and were protected under Texas law.
“While all students have the right to practice their faith privately in the public-school setting, official religious promotion alienates and excludes students of minority faiths and nonbelievers and sparks religious tensions and divisiveness within school districts”, said a legal brief by the ACLU of Texas that was joined by the Anti-Defamation League, Hindu American Foundation and other religious groups.
Prerak Shah, co-lead counsel from Gibson, Dunn & Crutcher, LLP says, “We are profoundly grateful to the Texas Supreme Court for enforcing our legal rights, and to Senator Cornyn, Senator Cruz, Governor Abbott, and General Paxton for their leadership and for standing with the cheerleaders in their fight to protect the First Amendment”.
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The district instituted the ban after the Freedom From Religion Foundation, which advocates for the separation of church and state, threatened to sue.
