Attorneys for a Mann Middle School student have sent a letter to the Colorado Springs District 11’s school’s principal stating that not allowing the 13-year-old to wear his necklace cross outside his shirt during classes violates his constitutional rights.
“This is a case where our client should not be punished for his religious expression and speech,” said Ed White, an attorney at the American Center for Law & Justice in Washington, D.C.
The center has defended students in cases involving the wearing of religious symbols in schools and is representing a family in Schenectady, N.Y., whose seventh-grader was suspended for two days for wearing a rosary at his middle school.
White gave Mann Middle School until Oct. 19 to respond. If it does not rescind the policy and allow Cainan Gostnell to wear his necklace cross outside his shirt during school hours, White said in the letter, a federal lawsuit would be filed.
The letter states that, on Sept. 30, an intercom announcement at Mann said “all students who wear religious jewelry must tuck the jewelry inside their clothing or remove it.”
But District 11 spokeswoman Elaine Naleski said Thursday all religious symbols, including crosses, head scarves and the Star of David, are allowed to be worn openly except the Catholic rosary, which is used by some gangs as a unity symbol.
