UPI - School sued over religious brick

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Tuesday, 6 June 2000 11:35 (ET)

School sued over religious brick


CHATTANOOGA, Tenn., June 6 (UPI) -- A law firm founded by evangelist Pat
Robertson has filed a lawsuit on behalf of a Tennessee family, challenging a
school system's refusal to allow a religious message on a commemorative
brick.

The American Center for Law and Justice, which describes itself as a
not-for-profit public interest law firm, filed the federal court lawsuit
Monday against the Hamilton County school system on behalf of Thomas and
Melody Horne of Chattanooga.

The couple wanted to buy a $50 brick for a new school walkway that carried
the inscription "Hope Horne, To the Glory of God."

School officials rejected the message, and a similar one in Latin, saying
inscriptions could not include any language referring to God.

"This is a case where the school district has overstepped its authority,"
ACLJ attorney Stuart Roth said.

"The school district cannot single out religious speech and discriminate
against a religious message. The discriminatory actions of the school
district are unconstitutional and cannot go unchallenged," Roth said.

The lawsuit asks that the couple be allowed to put the message on a brick,
to be placed on a walkway outside the Westview Elementary School. It also
asks that the school system be barred from rejecting religious inscriptions
in the future.

"Individual citizens are always free to engage in religious speech," Roth
said. "It's not the government speaking. It's the family speaking, not the
school."

"I'm not sure what theory of law they relied on, but if it was the
separation of church and state, clearly they have misread the application of
the law," he said.

Last month, Westview Principal Margo Williams said: "If we allow something
about God, a Satan worshiper could expect the same thing. If we do it for
one, we would have to do it for all."

Roth said a "hypothetical parade of horribles" is "never enough to violate
somebody's freedom of speech."

School officials said selling the bricks has raised about $15,000 for
books and equipment for the school library. The Hornes have purchased a
commemorative brick that bears only their daughter's name, "Hope Horne."

The lawsuit does not seek damages, but asks for attorneys' fees and the
cost of filing the suit.

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