. . . or prohibiting the free exercise thereof; or abridging the freedom of speech . . . Yet Liberals try to abridge our freedoms every day. But so does Ashcroft, <i>et al</i> on the other side. -- The Philadelphia Talk Radio Politics and Opinion Forum

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Date Posted: 13:35:40 05/10/03 Sat
Author: SurveyGuy (You have to sue to protect your liberties. Yet losing more each day re surveillance and few seem to comprehend. )
Author Host/IP: pcp01422563pcs.lndsd201.pa.comcast.net / 68.81.153.209
Subject: . . . or prohibiting the free exercise thereof; or abridging the freedom of speech . . . Yet Liberals try to abridge our freedoms every day. But so does Ashcroft, et al on the other side.

LAW OF THE LAND
Cross-wearing woman sues over suspension
Teacher's aide punished after refusing to remove religious symbol
� 2003 WorldNetDaily.com

A teacher's aide who was suspended for refusing to remove a cross pendant she regularly wore to work has sued the education agency that employs her for allegedly violating her constitutional rights.

As WorldNetDaily reported, officials at ARIN Intermediate Unit 28 in Pennsylvania suspended Brenda Nichol, 43, for one year for refusing to stop wearing the cross, which violates a Pennsylvania Public School Code prohibition against teachers wearing religious garb. The woman is an eight-year employee of the agency.

"I got suspended April 8, 2003, for wearing a cross to work and not being willing to either remove it or tuck it in," she told the Indiana Gazette last month.

The American Center for Law and Justice, a public-interest law firm specializing in religious-freedom issues, filed the federal lawsuit on behalf of Nichol in U.S. district court in Pittsburgh this week.

"The actions taken by this agency represent a serious violation of our client's constitutional rights," said Vincent McCarthy, senior counsel of ACLJ. "The law is very clear on this issue � school personnel do not shed their constitutional freedoms when they enter the school house door. To punish a teacher's aide for merely expressing her free speech rights is not only wrong, but unconstitutional. We're confident that the court will correct this injustice and protect the First Amendment rights of our client."

Crosses and Stars of David are examples of prohibited jewelry under the state's law on public schools, according to Dr. Robert H. Coad Jr., executive director of ARIN.

According to the ARIN handbook, employees may wear a cross or other religious jewelry as long as it cannot be seen by others.

Of the regulation, Nichol said, "I could not follow that code in my heart. I could not deny Christ."

According to a statement from ACLJ, the suit names as defendants ARIN Intermediate Unit 28, its executive director and several other supervisors. It contends the actions of the agency violate the First and 14th Amendments of the U.S. Constitution and Pennsylvania law, including the state's Religious Freedom Protection Act. The law firm says Nichol also will file a complaint with the Equal Employment Opportunity Commission and will pursue charges that the suspension violated federal law.

"There is nothing wrong with Brenda Nichol wearing a cross pendant to work," said McCarthy. "This is a legitimate desire to exercise her deeply held religious beliefs in a manner that is consistent with both state and federal law."

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[> "Crosses and Stars of David are examples of prohibited jewelry under the state's law". Same law in Saudi Arabia. Who's imitating whom? -- Chris Henry, 07:40:43 05/11/03 Sun (cache1-2.ruh.isu.net.sa/212.138.47.11)

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[> [> My point exactly. We are turning into a country with no liberties and goofy intrusive busy-bodies with nothing better dto do. It is time to fight back as this woman is doing. The problem is that citizens remain ignorant -- just the way the government likes it. I guess the school will have to remove every window with "crosses" in them, and dozens other structural manifestations that I am sure could be pointed out. -- SurveyGuy (Hope that someone follows this case.), 12:55:34 05/11/03 Sun (pcp01422563pcs.lndsd201.pa.comcast.net/68.81.153.209)

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