On The Front Lines
Kindergartner Censored for Gifts of Religious Candy Canes & Pencils
Rutherford Institute Attorneys Ask Third Circuit to Preserve Daniel Walz's First Amendment RightsPHILADELPHIA, Pa.--Attorneys for The Rutherford Institute will present oral arguments on Thursday, January 9, 2003, at 10:00 a.m., EST, before the U.S. Court of Appeals for the Third Circuit in Philadelphia on behalf of Dana Walz and her son Daniel, an elementary school student attending Egg Harbor Township Public Schools in New Jersey. Institute attorneys will argue that school officials violated Daniel's First Amendment rights when they prohibited him from handing out pencils and candy canes bearing Christian messages to his classmates during holiday parties, while allowing his classmates to distribute non-religious items without restrictions. In requesting a full review of the case by the appeals court, Institute attorneys assert that the school district's actions and policies discriminate against Daniel on the basis of his religious beliefs, constitute hostility and denigration of religion in violation of the First and Fourteenth Amendments, and violate the New Jersey Law Against Discrimination. The appeal is seeking reinstatement of Daniel's suit, as well as declaratory relief and a permanent injunction requiring school officials to allow children to hand out gifts of a religious nature.
In April 1998, during the Easter-Passover season, Daniel and his pre-kindergarten classmates attended a holiday party at school. The children brought in treats, goody bags, pencils and other small gifts to hand out during the party. Daniel handed out pencils that stated "Jesus loves the little children." On seeing the pencils, Daniel's teacher confiscated them from the children. Daniel's mother, Dana Walz, who was present in the classroom, immediately brought the matter to the attention of the school's principal. However, the principal, assistant superintendent and superintendent denied Daniel's request to distribute the pencils. Walz was then told that Daniel could hand out pencils only during non-instructional time. In December 1998, Daniel and his kindergarten classmates had a Christmas-Hanukkah party at school. Before the party, Walz contacted the school's attorney to obtain permission for Daniel to distribute candy canes with the story "The Candy Maker's Witness" attached to it. She was informed that Daniel could do so only outside the school building during non-instructional time. However, Daniel's classmates were permitted to hand out non-religious gifts during the party.
"To prohibit a student from handing out gifts of his choosing to his classmates simply because the school is afraid that a parent will mistakenly assume school participation is ludicrous," stated John W. Whitehead, president of The Rutherford Institute. "We are hopeful the Third Circuit will see through the school officials' justifications and recognize their actions for what they are--religious discrimination."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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