The Petition
As you have heard, on August 17, 2012, Waller High School has told us we can no longer wear crosses or show our relgion. Now we are trying to win our right back!
- The First Amendment to the U.S. Constitution includes a prohibition on the
establishment of religion, the Establishment Clause, and on
interfering with an individual’s free exercise of religion, the Free
Exercise Clause, stating that “Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof….” U.S.
Const. Amend. I.
- The First Amendment also prohibits interference with an individual’s freedom
of speech, the Free Speech Clause, stating that, “Congress
shall make no law… abridging the freedom of speech.” U.S. Const. Amend. I.
- Plaintiffs may sue the government for violations of the First Amendment
through Section 1983, 42 U.S.C. § 1983.
- Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§
2000e - 2000e-17, prohibits discrimination in employment: “It shall be an
unlawful employment practice for an employer . . . to fail or refuse to hire or
discharge any individual, or otherwise to discriminate against any individual
with respect to his compensation, terms, conditions, or privileges of
employment, because of such individual’s … religion. . . .” 42 U.S.C. § 2000
e-2.
- The Equal Access Act, 20 U.S.C. § 4071, requires that
districts to permit student clubs of a religious nature to meet on school
property, subject to the same rules and privileges as other non-curricular
student groups.
- The Department of Education Guidance on Constitutionally Protected Prayer in Public Elementary
and Secondary Schools provides guidance on the current state of the law
regarding religious expression in schools.
- The Equal Employment Opportunity Commission Compliance Manual on
Religious Discrimination provides guidance on handling employee complaints of
religious discrimination.
- The Texas Constitution Freedom of Worship Clause, Texas
Constitution article I, section 6, forbids the preference of one religion over
another and offers protections for individual religious expression.
- The Texas Equal Rights Amendment, Texas Constitution
article I, section 3a, prohibits discrimination on the basis of religion.
- Texas Religious Freedom Restoration Act, Texas Civil
Practice & Remedies Code chapter 110, prohibits a government agency from
substantially burdening a person’s free exercise of religion unless the burden
is in furtherance of a compelling governmental interest and is the least
restrictive means of furthering that interest.
- Texas Commission on Human Rights Act, Texas Labor Code
chapter 21, subchapter B, prohibits discrimination in employment based on
religion.
- Texas Civil Practice and Remedies Code chapter 106
prohibits discrimination on the basis of religion.
- The Religious Viewpoint Antidiscrimination Act, Texas
Education Code sections 25.151 – 25.156, includes provisions addressing student
religious expression at schools, with a particular focus on student speakers and
access of student religious groups to district facilities.
- The Bible course statute, Texas Education Code section
28.011, provides that school districts may offer an elective course on the
content, history, literary style, and influence of the Old and New Testaments.
- Texas Education Code section 25.087 requires that a district must excuse a
student from attending school for the purpose of observing religious
holy days, including traveling for that purpose.
- The voluntary prayer statute, Texas Education Code section
25.901, protects students right to individually, voluntarily, and silently pray
in a nondisruptive manner at school.
- The school uniform exemption statute, Texas Education Code
section 11.162, permits parents to seek an exemption from a school uniform
requirement or request a transfer to a campus without such a requirement based
on a bona fide religious objection.
- Under the immunization exemption statute and regulation,
Texas Education Code section 38.001 and 25 Texas Administrative Code section
97.62, immunization is not required for admission to public school with a
proper affidavit stating that the applicant declines immunization for reasons of
conscience, including a religious belief.
- Texas Health and Safety Code sections 36.005, 37.002, and 95.003 and 25
Texas Administrative Code sections 37.23 and 37.148 require districts to exempt
students from certain medical assessments based on request of
parents who cite conflicts with the parents' or students' religious beliefs.
- The temporary removal statute, Texas Education Code section
26.010, permits parents to temporarily remove their children from classes or
school activities that conflict with their religious beliefs.
- Texas Education Code section 25.082 permits exemptions to the required
recitation of the U.S. and Texas Pledges of Allegiance to be
granted on the request of students’ parents.
- The educator absence statute, Texas Education Code section
21.406, prohibits a district from denying a salary, bonus, or similar
compensation, based in whole or part on attendance, to an educator on the basis
of an absence for observation of a holy day observed by a qualified
religion.