The following is a quote from Michelle Sinched So, this happened. In Texas no less. Another five year old Native boy denied kindergarten due to his hair. The school backed down after requiring proof but still wanted his hair tucked in a braid down the back of his shirt. Sound familiar? Yeah, it should. My son was also a five year old little boy entering Kidergarten in Needville ISD in Texas just a few years ago when we had to sue the school district over his hair. In case you missed it; we won, twice. First at the district level and again in the 5th Circuit Court of Appeals. Look up Arocha v. Needville if youre curious. Im trying to track down some contact information for his mom, April Wilson in Seminole, Texas. If anyone knows her or can get word to her, let me know. In the meantime, the school is about to get an ear full about some legal stuff they obviously neglected to research. You cant require proof of ones beliefs or require proof of membership to a religion or race. There are questions on Needville ISDs exemption request form that ask just that and the answer we provide every year is the same long string of legalese provided to us by the team at the ACLU of Texas who helped us fight our case. Question: I am an adherent or a member of ____________, a recognized church or religious organization whose tenets and practices conflict with the Needville ISD Dress or Grooming Codes. Answer: Adriel is Native American. Membership in or adherence to the beliefs of a recognized and/or organized rliion is not required for protection under the First Amendment or Texas Religious Freedom Restoration Act. A.A., 2010 WL 2696846, at *3 n.6 (rejectin a lower courts requirement that the asserted religious belief be found in a tenet or dogma of an established religious sect ); see alo, e.g.Thomas, 450 U.S. at 714; Sequoyah, 620 F.2d at 1163; Alabama & Coushatta Tribes, 817 F. Supp. at 1333; Tex. Civ. Practice & Rem. Code 110.001 (a)(1). Question: Please provide documentation supporting your membership to the church or religious organization listed above: Answer. No membership documentation is required under the First Amendment or Texas Religios Freedom Restoration Act. See A.A., et al. v. Needville Indep. Sch. Dist., No. 09-20091, 2010 WL 2696846, at. * 1 n.2 (5th Cir. July 9, 2010); see also, e.g., Thomas v. Revie Bd. of Indiana Employment Sec. Division, 450 U.S. 707, 714 (1981); Sequoyah v.Tennessee Valley Auth., 620 F.2d. 1159, 1163 (6th Cir. 1980) cert denied 449 U.S. 953 (1980); Alabama & Coushatta Tribes v. Trustees of Big Sandy Indep. Sch. Dit., 817 F. Supp. 1319, 1333 (E.D. T 1993), remanded after federal RFRA enacted 20 F.3. 469 (5th Cir. 1994); Tex. Civ. Pracice & Rem. Code 110.001 (a)(1). Please tag, share, and feel free to call or write to F. Young Elementary School. This child deserves an apology and a promise he will never be singled out for punishment over his hair again. Kenney Sinched Ruth Hopkins Dolores Pompa Kelly Reagan Tudor 1491s Uvalle RedKnife Bernard Barcena April Allison Dennise Youpee-Roll ACLU of Texas ACLU of Houston
Posted on: Thu, 28 Aug 2014 14:25:53 +0000
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