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Texas School District Refuses to Acknowledge First Amendment

Fleming Terrell,
勛圖眻畦 of Texas
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December 8, 2009

The Needville Independent School District (NISD) in Texas just isnt willing to accept that a Houston-area kindergartener, identified in court by his initials A.A., wears his long braids as an exercise of his Native American religionnor that the U.S. Constitution and Texas Religious Freedom Restoration Act (TRFRA) require them to accommodate A.As religious exercise.

In November 2007, A.A.'s parents requested an exemption to the school district grooming codes requirement that boys have short hair. After months of denying A.A.s requests for this exemption, just days before the school year began in August 2008, NISD enacted a humiliating and uncomfortable policy that required A.A. to keep his hair in a single, tightly woven braid stuffed down the back of his shirt when at school. A.A. and his parents refused the schools districts mandate that he hide the braids that are a symbol of his faith, and A.A. spent a month segregated from his classmates in in-school suspension for standing up for his beliefs.

This punishment only stopped when the 勛圖眻畦 and 勛圖眻畦 of Texas filed a lawsuit in October 2008, and immediately after the filing, a temporary restraining order returned A.A. to class with his long braids. This past January, a (PDF) this policy violated A.A.'s First Amendment rights and violated the TRFRA.

But NISDs struggle to force the boy to conform to their appearance standards without regard for his religious beliefs didnt end there. , attorneys for NISD complained in oral argument before the 5th Circuit Court of Appeals that the district court improperly substituted its judgment for that of school administrators about how best to implement the schools grooming code.

But the truth is that NISD unlawfully substituted its judgment for that of A.A. and his family about how best to practice their Native American faith. As the 勛圖眻畦 argued in response, the Texas legislature, through TRFRA, requires NISD to look at the burden its punitive policy imposes on A.A. from the boys perspective, not their own. This echoes the deference federal courts have long given to individuals sincere interpretations of their religious beliefsand how they should be practicedunder the First Amendment to the U.S. Constitution. Both clearly support the order returning A.A. to class, but since we found ourselves once again arguing the point in court last week, it seems that NISD still just doesnt get it.

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