On The Front Lines
Institute Called On to Defend Kindergartner's Right to Religious Expression!
Rutherford Institute Attorneys File Suit Against Ohio School Officials For Prohibiting Kindergartner from Sharing Jelly Beans With Religious PoemAttorneys for The Rutherford Institute have filed suit in U.S. District Court for the Southern District of Ohio on behalf of M.W., a kindergarten student who was prevented by school officials from distributing bags of jelly beans with a religious poem to her classmates. The suit, which names the Kettering City School District, its Board of Education, and its Superintendent Dr. Robert Mengerink, among others, charges that by prohibiting M.W. from distributing candy to her classmates solely because a message with a religious viewpoint was attached, school officials discriminated against her speech on the basis of its religious viewpoint, thus violating the basic right of free speech guaranteed all Americans by the First Amendment.
Just before the Easter holiday, in the spring of 2003, a kindergartner at Orchard Park Elementary School in Kettering, Ohio, requested permission from her teacher to distribute to her kindergarten classmates individual bags of jelly beans with a religious poem attached entitled "The Jelly Bean Prayer." "The Jelly Bean Prayer," which provides a code for the colors of the jellybeans, reads: "Red is for the blood He gave. Green is for the grass He made. Yellow is for the sun so bright. Orange is for the edge of night. Black is for the sins we made. White is for the grace He gave. Purple is for His hour of sorrow. Pink is for our new tomorrow. A bag full of jelly beans colorful and sweet, is a prayer, is a promise, is a special treat. May the joy of Christ's resurrection fill your heart and bless your life." The teacher denied the request and informed the student's parents that it was against the school's policy to allow students to distribute religious literature in the classroom. When the little girl's father, Allen Wuebben, met with the Director of Student Services to discuss Orchard Park Elementary School's policy regarding student distribution of literature, he was informed that his daughter, M.W., would be permitted to distribute objects in the classroom, including jellybeans, provided no religious message was attached. Thus, if M.W. wanted to distribute "The Jelly Bean Prayer," she would have to do it outside the classroom. In filing their complaint on behalf of the Wuebben family, Institute attorneys pointed out that Orchard Park Elementary School officials have permitted students to distribute secular messages and gifts, including cards and candy, in the classroom on various occasions. For instance, students have been permitted to distribute cards to one another on Valentine's Day and candy on Halloween.
"By excluding religion and student religious expression from the classroom, school officials at Orchard Park Elementary School have exhibited the type of hostility toward religion that amounts to a violation of the Establishment Clause," stated John W. Whitehead, president of The Rutherford Institute. "Whether the message accompanies candy in the classroom or a discussion over the water cooler at work, Americans have a right to freely share their religious beliefs with those around them. I hope the courts agree that this young girl has a right to show the importance of religion in her life and the impact that religion has on her by distributing religious messages to her classmates--even if it comes in the form of a Jelly Bean Prayer."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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