An Alabama school board has settled a lawsuit filed by a student who was prevented from displaying a cross necklace.
The American Center for Law and Justice, a conservative law firm founded by religious broadcaster Pat Robertson, filed suit in October on behalf of Kandice Smith, a sixth-grader at Curry Middle School in Jasper who is currently attending Mt. Philadelphia Baptist Church, Cordova.
On Feb. 29, a settlement agreement was reached that permits Kandice to wear her cross outside her clothing and requires the Walker County Public Schools to revise their dress code policy “to mandate religious accommodations in accordance with the Alabama Religious Freedom Amendment.”
The ACLJ also will receive $30,000 under the terms of the settlement.
Lisa Smith, Kandice’s mother, said they tried to settle without involving money, but when a lawyer had to be hired, she could not pay the fees.
“I was shocked when the principal told (Kandice) to hide her cross necklace,” Mrs. Smith said. “I stood behind her and told her she could stand up for her religious rights.
Victory for all
“It is a victory for all Christians, not just Kandice,” Mrs. Smith said. “Maybe she has put out a message that you don’t have to put your religion on a backburner.”
Kandice said she wears a cross because “it shows people I’m a Christian. A lot of people see my cross and ask questions.” A friend from school even became a Christian after talking with her about the necklace.
“We are very pleased that Kandice Smith’s constitutional rights have been restored,” said Stuart J. Roth, Southeast regional counsel for the ACLJ.
“The law is very clear that religious expression such as wearing a cross is protected expression pursuant to both the United States Constitution and the Alabama Constitution,” he said.
Russ Robertson, an attorney for the school board, said the board decided it could not afford to risk a negative verdict in court.
“This decision was not made on any kind of legal basis,” he told Religion News Service. “It was just a financial decision that the board had to make.”
The policy, which prohibited the display of any necklace outside clothing, was designed to provide a uniform style of attire.
(RNS, TAB)
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