school authority to punish student for religion?

Question

Okay, here is the situation:

A student at my high school was suspended for 5 days and faces possible expulsion for having Wiccan books in his backpack. He didn't have anything else that would get him in trouble.
I'm a fully devoted Christian, but this situation is still not right...no matter the religion.
The district handbook policy specifically states that it does not discriminate against race nor religion.
The students are trying to stand up by wearing the slogan "Freedom of Religion" on their clothing or sport it somewhere... do you think us students can make a point to the district?? can we do anything about it since the district has a higher authority??
and is it right for the school to punish the student when he didn't do anything wrong??

Answer 1

The student in question is protected by the First Amendment and should be able to carry Wiccan Books. Since these are traditional religious texts for their religion.

One school district tried to outlaw students wearing objectionable symbols around their neck, so they put in a law that stated; "No student may wear any symbol on a necklace except for the cross." The regulation was overturned because it also outlawed Stars of David, which are symbols of the Jewish Faith.

You should have a talk with your school principle with a small delegation (3-4, but have one member as the spokesperson) and remind him or her that the Wiccan Books are considered works of their religion and therefore covered under the laws separating Religion and State. If the principle agrees with you then you can keep it quiet and let the issue stop there. If not then you will have to go to the school board. Tell your principal that this is a promise not a threat and go through with it, plan on having to go through with it.

If that fails then you need to contact the American Civil Liberties Union. The ACLU is solely intended to handle cases like this. If they get interested you are going to have to show them a written copy of the regulation. They will need a copy of the suspension order. You will also have to give them the contact information for your principle and your School Board. The person who was carrying those books will need to testify as well. If he is unwilling to do this then your case will collapse before it begins. If he is unwilling to go to the School Board then again your case is dead before it starts.

You may also want to add that the US Military has buried dead soldiers of the Wiccan Faith with their religious symbol on the gravestone. Since the government has officially recognized the Wiccan faith as a true religion then your principle is going against the government.

The idea of wearing T-Shirts that say "Freedom of Religion, is it dead in” your school's name? Is an excellent idea and a test of your own freedom of speech, which as long as it is not profanity or inciting riot or breaking the law is legal and protected. You might want to premiere those shirts to your principle in your meeting with them and then state that you will have X amount of students wearing those t-shirts tomorrow.

It may also be a good idea to contact a local television news station and inform them of your plans, and ask them to come to your school during lunch hour so they can interview you and your group. Again you need to have one spokesperson with the rest standing in mute support. The case is simple and easy to state: “Wiccan Books cannot be outlawed because that is against the laws of separation between church and state. It is an infringement of that boy’s freedom of speech and freedom of religion.

It may not be much, but you have my support.

Answer 2

The school cannot punish just for meerly having a Wiccan book. The key is you may not know the whole story.

It is possible that he was actually suspended for having another item or for something written in the book such as a Columbine like plan to kill other students.

But if the case is he was suspended for just having a book then he has a claim to have the suspension reversed.

Answer 3

If a Christian can carry a Bible in his/her backpack, then a Wiccan should be able to carry his/her books. (And I know some people always keep a form of scripture with them.) This is definitely discrimination. Has any one gotten a civil rights organization involved in the matter? Most of all, Kudos to you and others for being open-minded and smart enough to realize this other student's rights are being violated, rather than condemning him for his choices.

Answer 4

If what you say is true, the kid can sue the pants off the school (so long as your high school is a PUBLIC school)! That kid needs to get an attorney NOW. No, you students really can't make a big point, but Your Parents can. Let your parents know! Also, I suggest you call the local newspaper and TV stations. Let them know about it.

Answer 5

Call the ACLU and make sure to tell the school that you will be calling them, that should make them piss their pants because it will cost them $$$$$$$ Although I personally don't believe in wicca in any form, freedom of religion is a guaranteed right in this country. by the way I hate the ACLU but they have some usefulness on occasion.

Answer 6

If the school has no policy banning all books other then text books, then your friend probably has a case. If he can prove that it was based solely on the books themselves, he has a huge one. I would hit the media with it, like the other poster mentioned.

Answer 7

They should be free to practice as long they are not hurting anybody.

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