Loading
5-year old censored by NY school will get his day in court

.- 5-year old Antonio Peck had no idea when he turned in his homework assignment--a poster about protecting the environment--that it would land him in federal court.

Peck, then a kindergarten student at Baldwinsville, NY’s Catherine McNamara Elementary School, originally turned in his poster-assignment to his teacher in 1999. It featured, among other things, a cut out picture of Jesus--something he reportedly thought applicable to the environment, and the assignment.

School officials however, felt otherwise. The rejected a first version of the poster and folded Antonio’s second attempt in half, in order to obscure the image of a kneeling Jesus they thought to be too religious in nature.

In 2000, a New York federal court ruled that the school had the right to censor the poster on the grounds of separation of church and state.

A second court ruled in favor of the school again last year, but on Tuesday, a three judge panel of the 2nd U.S. Court of Appeals in Manhattan unanimously decided that Peck’s constitutional rights may have been violated and recommended the case back to court once again.

Mathew D. Staver, President and General Counsel for Florida-based Liberty Counsel, who is representing Peck said that “The school humiliated Antonio when the teacher folded his poster in half so that the cutout drawing of Jesus could not be seen.”

“To allow a kindergarten poster to be displayed for a few hours on a cafeteria wall, along with 80 other student posters, is far from an establishment of religion. To censor the poster solely because some might perceive a portion of it to be religious is an egregious violation of the Constitution," he said.

In the Peck vs. Baldwinsville School District case, the 2nd Circuit Court of Appeals joined with the ninth and eleventh Circuit Courts who hold the view that discrimination--even in the public school setting--is unconstitutional.

Conversely, the first and tenth Circuit Courts opine that discrimination in the public school context is permissible.

This split in opinion could land Antonio in the Supreme Court--something which Staver says he would be all for.

“I'm elated with the decision,” he said. “Now Antonio will have his day in court.”


Ads by AdsLiveMedia(What's this?)

* The number of messages that can be online is limited. CNA reserves the right to edit messages for content and tone. Comments and opinions expressed by users do not necessarily reflect the opinions or beliefs of CNA. CNA will not publish comments with abusive language, insults or links to other pages

RESOURCES »

Ads by Google (What's this?)

Featured Videos

#PAUSEforPeace Initiative
#PAUSEforPeace Initiative
Dedicating art to San Juan de la Cruz
A state without territory elects new government
The renewal of the Legionaries of Christ
Presentation of the book "The Pastor"
Synod on the Family October 2014
Preferential option for the poor
God is alive, even in sport
'A forbidden God' named Best Film at the International Catholic Film Festival
Vatican backs a 'Pause for Peace' during World Cup final
The effects of religious violence in Sarajevo 
The origin of Corpus Christi 
Corpus Christi at the Vatican 
Homage to an Indian Cardinal
Train of the Child's Light
New book explaining gestures of the Mass
Encounter between Pope Francis and the Charismatic Renewal in the Spirit Movement.
Religious tensions subside amid Balkan floods
John Paul II Center for Studies on Marriage and Family
Saint John Paul II on cartoon
Jul
28

Liturgical Calendar

July 28, 2014

Monday of the Seventeenth Week in Ordinary Time

All readings:
Today »
This year »

Catholic Daily

Gospel of the Day

Mt 13:31-35

Gospel
Date
07/28/14
07/27/14
07/26/14

Daily Readings


First Reading:: Jer 13: 1-11
Gospel:: Mt 13: 31-35

Saint of the Day

St. Victor I, Pope »

Saint
Date
07/27/14

Homily of the Day

Mt 13:31-35

Homily
Date
07/28/14
07/27/14
07/26/14

Ads by AdsLiveMedia.com

Ads by AdsLiveMedia.com
     HTML
Text only
Headlines
  

Follow us: