I was thinking the same thing, only bigger ...
Posted on 01/31/2007 9:40:13 AM PST by Behind Liberal Lines
SYRACUSE - An upstate New York school district censored a kindergartner's poster because it contained a drawing of Jesus, a lawyer for the boy's family said as the case returned to federal court for the third time.
“The law is clear that schools may not discriminate against the religious viewpoints of students who address permissible subjects in response to class assignments,” Mathew Staver, a lawyer for Liberty Counsel, a Fla.-based civil libertarian education and legal defense organization, said Tuesday.
The case of Antonio Peck was sent back to U.S. District Judge Norman Mordue after the U.S. Supreme Court last April refused to hear it. The high court's action left in place a decision made in October 2005 by the 2nd U.S. Circuit Court of Appeals that the case should go to trial to determine if the poster was censored by the Baldwinsville Central School District because of its religious viewpoint.
The Peck family had sought a jury trial but Mordue last week rejected that request. On Monday, the judge heard testimony from the boy's mother, Joanne Peck, his former teacher, and his former principal.
Mordue gave lawyers 60 days to file any additional legal papers. Staver said a ruling was not likely until later in the year.
“We think we have shown that a secular picture would not have been covered up and this was censored only because of its religious nature,” Staver said. “And that is unlikely that anyone would have misconstrued the full display of Antonio's picture as the school district supporting the establishment of a religion.”
The lawsuit dates to June 1998, when Peck and his classmates at the Catherine McNamara Elementary School in Baldwinsville were given an assignment to create a poster about the environment.
Antonio, now 14 and in seventh grade, turned in a poster with religious images and written references to God and Jesus. School officials rejected it and allowed Antonio to submit a second poster.
The second poster was a crayon drawing of children picking up garbage, with a kneeling man in a flowing robe nearby reaching out his hands to the clouds above. There were no words identifying the figure as Jesus.
School officials displayed the poster, but it was folded in half so the picture of the robed man was not visible. Teacher Susan Weichert and Principal Robert Creme, who testified Monday, objected to the poster because they said it promoted one religion over another and could offend others.
The Pecks, who attend a Pentecostal church, sued in November 1999, accusing school officials of violating Antonio's First Amendment right to free speech. The family also said the suburban Syracuse school district violated federal guidelines regarding religious expression in public schools.
In dismissing the case the first time in 2000, Mordue said Weichert had good reasons for rejecting the poster: It didn't fulfill the assignment, it may not have been Antonio's work and it could have given other parents the impression the school district was teaching religion.
The appeals court overturned that ruling, saying the Pecks were entitled to investigate their claim in court through discovery, including depositions.
Mordue again dismissed the case in August 2004 after ruling the discovery process produced no new evidence that would cause him to rule differently.
This is critical for "ALL" religions in this country.
Whoever would reject a little boy's poster needs a mortar fired at their home.
Sorry for the rudeness.
I'm surprised the Anti-Christian Lawyers Union has not come to the school's defense.
Well, Christ is SUPERIOR to the other "gods". I'm not ashamed of Him. If others want to display their gods, that's up to them or no god at all - I'm secure that I believe in the RIGHT ONE!
"Sorry for the rudeness."
Apology accepted. /Nods head in agreement with original comment.
Ever been to that part of New York State in the middle of winter?
Time to impeach Mordue for his obvious, blatant discrimination against Christians. We really need to clean up the Federal Judiciary and get rid of bigots like this one.
Had it been a picture of Muhammad, you can bet it wouldn't have been censored 'for fear of offending muslims"
The following link does not relate to this thread http://sacredscoop.com
If the poster said "Bush Sucks" the kid would have received an award.
Mordue is a Clinton appointee. Wow. There's a shock. ;-)
It blows my mind how ignorant of the constitution the educators in this country can be.
This is ridiculous beyond words. I wonder who the genius was who came up with this "solution".
Sorry, but I don't see where your comments were rude. Inaccurate? Yes. A single mortar round is almost sure to fail. One of these might do a more certain job: http://www.tonyrogers.com/weapons/crusader.htm
I was looking to see if that was an 8" or 175...that was a great piece and it's a shame they got rid of it.
The eight inch gun pictured would do the job just fine.
M110A2, 8", SP ping!
Well, this case dates from 1998. Now if the poster had said "Clinton Sucks", well who knows what would have happened to him....or his family......
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