Texas Governor Signs “Merry Christmas” Bill

Written by Don Byrd
Governor Rick Perry (R-TX) signed into law last week a bill that protects students, teachers and school officials who use “Merry Christmas” or “Happy Hannakuh” greetings. While the law is designed to relieve school officials of anxiety over church-state litigation, are there examples of actual lawsuits filed over the mere use of those phrases in school? Problems arise not when students say “Merry Christmas,” but when public schools are used to celebrate a particular religious holiday and give the impression that the school endorses or is affiliated with the religious view expressed in the celebration. Taking reasonable steps to protect against that danger makes sense. And is probably good manners.

Texas School District to Appeal Cheerleader Ruling, Seek Clarification

Written by Don Byrd
Texas’ Kountze School District has decided to appeal a state judge’s decision after all in a controversial case involving religious banners created by cheerleaders for high school football games. The news is something of a surprise since the School District claimed to agree with the judge’s decision allowing the banners to continue. But school officials claim they need guidance moving forward.

Texas Judge: Religious Messages on Cheerleader Banners OK

Written by Don Byrd
Religious messages on signs football players run through before games at a public high school in Texas are constitutional, according to a federal judge in Texas. The banners, which are created by school cheerleaders and displayed on the field prior to the game, were the subject of an Establishment Clause challenge. After a letter of complaint, the school district became concerned – reasonably so – that the signs create the impression that the school endorses the religious messages.

Texas Education Board Urges Senate to Reject Voucher Scheme

Written by Don Byrd
Texas’ State Board of Education voted 10-5 Friday urging the Senate to oppose any variety of school voucher legislation. Senate Bill 23, which passed the Senate Education Committee, would provide tax credits to businesses that provide money to low-income students to attend private or religious schools.

5th Circuit: Ban on Inmate Beards in Texas Violates RLUIPA

Written by Don Byrd
Last week, the 5th Circuit U.S. Court of Appeals sided with a Muslim inmate in his lawsuit against the Texas Department of Criminal Justice over its ban on beards. Willie Garner argued the state could demonstrate the rule is the least restrictive means of achieving a compelling interest, as required by the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court agreed.