Article From Fox News:

Texas judge rules for cheerleaders in Bible banner verse suit

AUSTIN, Texas –  A judge stopped an East Texas school district on Thursday from barring cheerleaders from quoting Bible verses on banners at high school football games, saying the policy appears to violate their free speech rights.
District Judge Steve Thomas granted an injunction requested by the Kountze High School cheerleaders allowing them to continue displaying religious-themed banners pending the outcome of a lawsuit set to go to trial next June 24, Texas Attorney General Greg Abbott said. Thomas previously granted a temporary restraining order allowing the practice to continue.
School officials barred the cheerleaders from displaying banners with religious messages such as, "If God is for us, who can be against us," after the Freedom From Religion Foundation complained. The advocacy group says the messages violate the First Amendment clause barring the government -- or a publicly funded school district, in this case -- from establishing or endorsing a religion.
Republican Gov. Rick Perry and Abbott spoke out in support of the cheerleaders on Wednesday. Perry appointed Thomas to fill a vacancy on the 356th District Court, and he is running for election to continue in the post as a Republican.
Abbott also filed court papers to intervene in the lawsuit and sent state attorneys to support the cheerleaders' position that the district's ban violated their free speech rights. The Texas Education Code also states that schools must respect the rights of students to express their religious beliefs.
"It is the individual speech of the cheerleaders and not in fact the government speaking," David Starnes, the cheerleaders' attorney said, according to KDFM television. "It is not just one girl or one person in the group that comes up with the quote, but it's on a rotating basis that each girl gets to pick the quote. That is their individual voices that are being portrayed on the banner."


Read reast of story here: http://www.foxnews.com/us/2012/10/18/judge-expected-to-rule-in-texas-cheerleader-bible-verse-banner-suit/?test=latestnews

 

For more info about this Kountze situation, see these Previous Articles:


Judge's Decision Allows Kountze Cheerleaders to Hold Signs with Bible Verses at Football Game/Rally Friday Oct 5th

Urgent: Support Kountze Kids Faith - Texas Students Fighting for Religious Freedom

Congressman Stockman and Rep. White Support Kountze Kids Faith - Liberty Institute & CLA Send Lawyers

Judge Says Kountze Students ALLOWED to Hold Religious Signs. Restraining Order by Judge Steve Thomas

Student Disciplined for Bible Verse on Face at West Hardin ISD TX Football Game

TX AG Greg Abbott Supports Kountze Cheerleaders Banned from Holding Religious Banners

Kountze Kids Get Support from Barry Smitherman Texas Railroad Commission Chairman

Rep. James White Tells TASB: "Unwarranted" to Ban Religious Student Banners - Letter to Texas Association of School Boards - James Crow

Judge's Decision Allows Kountze Cheerleaders to Hold Signs with Bible Verses at Football Game/Rally Friday Oct 5th

Steve Thomas, Texas State District Judge in Hardin County, has extended his temporary restraining order for 2 more weeks. This extension allows Students in Kountze ISD the ability to hold personally made signs at public school events, even if the signs have Bible Verses or religious encouragements. Judge Thomas had previously granted a temporary restraining order in favor of the cheerleaders who were banned from holding signs or banners at Football games if they contained anything religious on them.

This extra extension was granted so that, before he makes his decision, Judge Thomas can thoroughly review documents submitted by both sides. The Liberty Institute's Mike Johnson, is representing the students. There was even a brief submitted to Judge Thomas from influential Texas authority, Texas Attorney General Greg Abbott. Abbott took the side of the cheerleaders and said that State Law, the Texas Constitution, and past Court Rulings protect the religious rights of these kids. Abbott went even further to say that the Freedom from Religion Foundation (FFRF) was trying to just stir up trouble and has tried to do this in Texas before but has failed. Other Texas Republicans have stood up and expressed support for these students including Congressman Steve Stockman, State Rep. James White, State Board of Education Member David Bradley, and Railroad Commissioner Barry Smitherman.

Before Judge Thomas granted the extension on the restraining order today, the Superintendent testified that he had acted on bad advice from the school lawyers in banning the signs. The Superintendent, Kevin Weldon, went on to say that he now believes that his decision banning these signs not only violates district policy, but also the rights of the students.

There is a big RALLY tomorrow, Oct 5th 2012 7:30pm at the Kountze High School Football game in Kountze, TX.

Come out to Support the Kountze Kids!

There are thousands of people from everywhere expected to come to this game and hold signs supporting these students and their religious rights.

This will be the first home game since the school district superintendent banned the cheerleaders from holding their signs. This restraining order allows students at this game to hold signs with Bible verses and other religious encouragements.

Show support for this rally on facebook! Go to the rally facebook event page HERE http://www.facebook.com/events/105912862899560/ and click like or click join to tell everyone that you are going and to invite other people to join

also, for more info about the rally: www.SupportKountzeKidsFaith.com


for more info about the Kountze Situation, check out these articles:

Urgent: Support Kountze Kids Faith - Texas Students Fighting for Religious Freedom

Congressman Stockman and Rep. White Support Kountze Kids Faith - Liberty Institute & CLA Send Lawyers

Judge Says Kountze Students ALLOWED to Hold Religious Signs. Restraining Order by Judge Steve Thomas

Student Disciplined for Bible Verse on Face at West Hardin ISD TX Football Game

TX AG Greg Abbott Supports Kountze Cheerleaders Banned from Holding Religious Banners

Kountze Kids Get Support from Barry Smitherman Texas Railroad Commission Chairman

Rep. James White Tells TASB: "Unwarranted" to Ban Religious Student Banners - Letter to Texas Association of School Boards - James Crow

TX AG Greg Abbott Supports Kountze Cheerleaders Banned from Holding Religious Banners

According to KBMT 12 News, Texas Attorney General Greg Abbott has come out swinging in support of the students at Kountze ISD who were told by the school superintendent that they were not allowed to hold personal signs or banners at public football games if they have Bible Verses or religious encouragements on them.

This situation has made national news and the facebook group "support kountze kids faith" got over 40,000 likes literally overnight.

There is a large RALLY to support these Kountze Kids on Oct 5th at 7:30PM at the Kountze Football Stadium. Thousands of people are expected to show up to the rally.

District Judge Steve Thomas has granted a temporary restraining order that allows students to still hold religious signs. There will be a hearing on Oct 4th to determine if the restraining order will be made permanent.

The letter from AG Abbott came at the request of the Liberty Institute whose lawyer, Michael Johnson, is representing the Kountze students.

In the letter to the Superintendent, Kevin Weldon, Abbott says that it violates the Constitution to ban the signs. Abbott tells the superintendent that, unless the superintendent removes the ban, Kountze ISD will have to answer to the State of Texas because his AG office will be officially backing the cheerleaders in court. Abbott goes on to state that the organization who complained about the signs, Freedom From Religious Foundation (FFRF), has tried to cause trouble like this with other schools in Texas but the organization is wrong and the Courts have rejected FFRF and backed Texas and the religious rights of the students. Abbott also offers support for the school district if they remove the ban and are later sued by the FFRF.

Read the full letter from Attorney General Greg Abbott below:

September 27, 2012

Mr. Kevin Weldon
Superintendent
Kountze Independent School District
P.O. Box 460
Kountze, TX 77625

Dear Superintendent Weldon:

I write to offer my assistance and to provide advice about a menacing and misleading letter you recently received from an organization called the Freedom From Religion Foundation (FFRF). That organization has a long history of attempting to bully school districts into adopting restrictive religious speech policies that go well beyond what is required by the United States Constitution. Consistent with that history, the letter you received incorrectly claims that allowing Kountze High School cheerleaders to display banners decorated with Bible verses at football games amounts to a "serious and flagrant violation of the First Amendment." That exaggerated claim is not supported by the Constitution. Instead, it is based solely on FFRF's distorted, anti-religion view of the First Amendment, a view that is unsupported by court precedent and has recently been rejected by the Fifth Circuit Court of Appeals.

It appears that your recent decision to prohibit the cheerleaders at Kountze High from displaying their religious messages at football games—a decision that has since been blocked by a court order—was based on a mistaken belief that FFRF's letter correctly interprets the law. Unfortunately, that mistaken belief was apparently reinforced by erroneous advice from the Texas Association of School Boards. Contrary to FFRF's claims, however, the Supreme Court has never held that it is illegal for a public school to "host religious messages at school athletic events." And the Supreme Court has never ruled that religion must be "kept out" of public schools. Instead, each of the Supreme Court cases cited in FFRF's letter involve decisions by public officials to promote a religious message or to direct the content of a private citizen's religious message.

Unlike the cases cited by FFRF, Kountze ISD has neither made the decision to include a religious message on the cheerleaders' banner, nor provided any direction as to the content of the cheerleaders' message. Rather, news reports indicate that these decisions were made entirely by students. Those same news reports also indicate that the banners were made by the cheerleaders off of school property and without the use of school funds. That these students chose to express their religious viewpoint at a school function does not violate the Establishment Clause.

When the school district does not join in the students' religious message or seek to control or direct that message, the cheerleaders' decision to display their banners cannot constitute promotion or imposition of religion by the school district. Rather, the banners are the religious speech of individual students, which enjoys protection under the Free Speech and Free Exercise Clauses of the First Amendment.

In addition to the protections afforded by the First Amendment, Texas law further protects students' free exercise of religion by requiring school districts to "treat a student's voluntary expression of a religious viewpoint . . . in the same manner the district treats a student's voluntary expression of a secular or other viewpoint." Tex. Educ. Code § 25.151. Moreover, a school district "may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject." Id. To the extent the district seeks to prevent the cheerleaders from displaying their banners because the cheerleaders decided to express a religious—as opposed to a secular—message, it may very well violate section 25.151 of the Texas Education Code.

Think about it: Can a school district or the Freedom From Religion Foundation stop a student from making the sign of the cross before taking a test, or stop football players from pointing toward heaven after scoring a touchdown or kneeling to pray for an injured teammate? Of course not. Just like the cheerleaders' banners, such public displays of religion are voluntary expressions of the students' beliefs and are not attributable to the school district.

The Fifth Circuit Court of Appeals recently vindicated these legal principles—and rejected FFRF's restrictive view of the First Amendment—in a case involving Medina Valley ISD in Castroville, Texas. In May 2011, a group called Americans United for Separation of Church and State filed a lawsuit against Medina Valley in an attempt to prevent student speakers from praying as part of their speech at their graduation ceremony. My office supported the school district by arguing that the First Amendment does not require public schools to interfere with students' right to freely express their religious beliefs. A unanimous panel of three federal appeals judges ruled in favor of the school district and permitted Medina Valley High School seniors to pray at their graduation ceremony. The appeals court explained that there was no showing that the "prayers or other remarks to be given by students at graduation are, in fact, school-sponsored." The same is true here: The cheerleaders are expressing their own beliefs, not those of the school district. Just as Americans United for Separation of Church and State was wrong in Castroville, the Freedom From Religion Foundation is wrong in Kountze.

As the United States Supreme Court has observed, "[w]e are a religious people whose institutions presuppose a Supreme Being." Zorach v. Clauson, 343 U.S. 306, 313 (1952). And as the Fifth Circuit's Medina Valley ruling demonstrates, school districts that allow students to speak freely about their religious beliefs have the Constitution on their side. A school district's policies regarding student expressions of religious belief should be guided by the educational goals of the district and an appropriate respect for students' freedoms of speech and religion—not by threatening letters that misstate the law and distort the First Amendment.

If you decide to allow the cheerleaders of Kountze High to freely display their chosen message on their banners at football games, and if the Freedom From Religion Foundation or any other group sues Kountze ISD as a result, my office stands ready to file a brief with the court protecting the cheerleaders' religious liberties.

Sincerely,

Greg Abbott

Attorney General of Texas



related articles: 

Urgent: Support Kountze Kids Faith - Texas Students Fighting for Religious Freedom

Congressman Stockman and Rep. White Support Kountze Kids Faith - Liberty Institute & CLA Send Lawyers

Judge Says Kountze Students ALLOWED to Hold Religious Signs. Restraining Order by Judge Steve Thomas

Student Disciplined for Bible Verse on Face at West Hardin ISD TX Football Game

Rep. James White Tells TASB: "Unwarranted" to Ban Religious Student Banners - Letter to Texas Association of School Boards - James Crow

Judge Says Kountze Students ALLOWED to Hold Religious Signs. Restraining Order by Judge Steve Thomas

Texas State District Judge Steve Thomas has granted a temporary restraining order that will allow students at Kountze School Football games to hold religious signs for the next 2 weeks pending an October 4th, 2012 Hearing.

Regardless of the outcome of the hearing, there will be a big rally at the next Kountze Lions Home Game Oct. 5th, 2012. We will have signs and t-shirts supporting these kids and supporting their rights.

Kountze ISD Superintendent Kevin Weldon got some bad advice from Texas Association of School Boards and Weldon BANNED students from even making their own personal signs with Bible verses to hold at football games after receiving an anonymous complaint.

It did not take long for the community to take a stand against this Superintendent's decision. A facebook group Support Kountze Kids Faith got 30,000 members overnight and local political leaders like Congressman Steve Stockman and State Rep James White spoke out in support of these students. Now the issue has become a national one with Todd Starnes (Fox News Radio), and other national media outlets covering the issue today.

Beaumont Lawyer David Starnes has teamed up with Liberty Institute Lawyer Michael Johnson to represent these kids. The Liberty Institute is national organizations that defends unconstitutional actions against Christians. The Liberty Institute has win 99% of their cases. Johnson says that student led religious activities using student personal resources are permitted in schools. Johnson says that many people forget the second part of the First Amendment that says Congress Shall Make No Law Prohibiting The Free Exercise Of Religion.

Judge Thomas made a very good decision to err on the side of these students' religious rights until a hearing on the matter.

This is why it is important to support good Judges. I knew Steve Thomas was a great guy so I supported him to be appointed as Judge. When the election came around, there was no one I would have voted for to be District Judge over Steve Thomas. Judge Thomas is a great guy who is very knowledgeable and fair. It is good to see that voting in good judges, even locally, can have a huge impact.

Governor Rick Perry wisely appointed Steve Thomas to be the State District Judge over Hardin County following the death of Judge Plunk. Thomas had run for the position as a Republican just a couple years early and nearly unseated the long-time Democrat Judge Plunk, so it was an easy decision to pick Steve Thomas to fill in as Judge until the next election. The primary elections are over and Steve Thomas ran unopposed in the Primary and will be unopposed in the general election so he will retain his seat as a now elected State Judge.