Judge declares religious banners at school OK

Kountze football player #6 Jamazdon Powell carries a flag as the team comes into the stadium. This was the first home football game in Kountze since the sign controversy started and since the Thursday hearing that determined the cheerleaders could or could not use their faith-based signs. Dave Ryan/The Enterprise less Kountze football player #6 Jamazdon Powell carries a flag as the team comes into the stadium. This was the first home football game in Kountze since the sign controversy started and since the Thursday hearing ... more Image 1 of / 5 Caption Close Judge declares religious banners at school OK 1 / 5 Back to Gallery

BEAUMONT - More than eight months after Kountze High School cheerleaders first hoisted banners at football games quoting Scripture, a judge Wednesday declared the signs OK, overturning an earlier school district prohibition against them and inviting more challenge from an out-of-state organization opposing them.

With less than a month to go before a scheduled hearing on the matter, Hardin County 356th District Court Judge Steve Thomas issued a written ruling that effectively formalized a decision last fall that permitted the signs to be displayed.

The case created a national stir and the cheerleaders made appearances on morning talk shows.

Thomas said in his ruling that the "evidence in this case confirms that religious messages expressed on run-through banners have not created, and will not create, an establishment of religion in the Kountze community," and that the banners were constitutionally permissible.

The Liberty Institute, the group that represented the cheerleaders in the lawsuit along with a Beaumont attorney, hailed the decision as a "victory."

Debate not over?

But Wisconsin-based Freedom from Religion co-president Annie Laurie Gaylor said she anticipates the debate will continue.

Gaylor, whose group complained about the use of the signs last fall, said the case belonged in a federal court, not a local state court presided over by an elected judge.

She said her group wants to represent someone - a student, parent, faculty or anyone else in the stands who objects to the banners at high school football games.

Gaylor said the banners sent "a Christian message that Christians are insiders," and everyone else is an outsider, something that could be particularly difficult for an atheist athlete who might not want to speak out due to fears of damaging their athletic careers.

Thomas' ruling was based on a Texas law that calls the cheerleader's banners "private speech," though the sentiments they express are on view at a taxpayer funded event.

"The establishment (of religion) clause just does not apply to the cheerleaders," said Hiram Sasser, director of litigation for The Liberty Institute. "State law says it's their banners, not the school district's banners."

15 cheerleaders

After a former Kountze superintendent banned the use of the signs in September, the cheerleaders' parents hired Beaumont attorney David Starnes to file an injunction on their behalf. The 15 cheerleaders claimed the district could not tell them what message to put on the banners since the girls paid for the supplies and created the signs on their own time.

But Gaylor said she did not see how the cheerleaders, who wear uniforms with the school's name on them, sign a code of conduct and perform at school events, aren't considered to be representing the school with their banners.

"In our opinion, this court just said that Christianity is an official school religion," Gaylor said.

She also felt the court decision was unnecessary, since Gaylor said the school board recently decided to allow the cheerleaders to display the signs.

'From the heart'

The temporary injunction allowing the signs was originally scheduled to end June 17.

Cheerleader Rebekah Richardson said the court process has taught her a new level of patience and increased her faith.

Kieara Moffett, who wore a "We cheer for Christ" T-shirt during a Wednesday news conference at Starnes' office, said if future cheerleaders decide they don't want to use banners with Scripture on them, that's fine.

"We want it to be something that comes from the heart not because you have too," the high school junior said.