Paxton takes a stand for Cy-Fair ISD in case of student who sat for Pledge of Allegiance

PHOTOS: How did we get here? India Landry, 18, with her mother Kizzy Landry at a news conference outside the federal courthouse in Houston on July 19, 2018. Landry says she was inspired by NFL players who began kneeling during the National Anthem to sit during the pledge >>How Colin Kaepernick's protests set off a national debate. less PHOTOS: How did we get here? India Landry, 18, with her mother Kizzy Landry at a news conference outside the federal courthouse in Houston on July 19, 2018. Landry says she was inspired by NFL players who ... more Photo: Gabrielle Banks / Houston Chronicle Photo: Gabrielle Banks / Houston Chronicle Image 1 of / 39 Caption Close Paxton takes a stand for Cy-Fair ISD in case of student who sat for Pledge of Allegiance 1 / 39 Back to Gallery

The state of Texas is taking a very public stand for the Pledge of Allegiance in a case involving a Katy student expelled after she sat during the daily ritual at her school.

The notice of intervention by Texas Attorney General Ken Paxton comes on the brink of midterm elections amid heightened tensions over patriotism and civil rights.

“School children cannot unilaterally refuse to participate in the pledge,” Paxton said in a news release. “The U.S. Supreme Court has repeatedly held that parents have a fundamental interest in guiding the education and upbringing of their children, which is a critical aspect of liberty guaranteed by the Constitution.”

He said the choice about individual students reciting the pledge falls to their parents or guardians.

RULING: Civil rights case by Cy-Fair student expelled after sitting for Pledge of Allegiance gets nod for trial

Attorney Randall L.Kallinen, who represents the expelled student and her mother, said it’s rare for Paxton to weigh in on a civil rights case, and questioned Paxton’s rationale since the girl’s mother supports her decision to sit for the pledge.

“The reason he’s challenging this case is that it’s election time,” Kallinen said. “It’s an attempt to rally the troops.”

A lawyer for Cypress-Fairbanks ISD has declined to comment about the case while the litigation is pending.

The civil rights lawsuit is built around one of earliest civil rights rulings, the 1943 U.S. Supreme Court decision in West Virginia State Board of Education v. Barnette, which says that public school students have no obligation to salute the flag or say the Pledge of Allegiance.

In the recent case, the family of India Landry, an African-American senior forced to leave Windfern High School, sued Cypress-Fairbanks ISD last fall over allegations that her expulsion was racially motivated and violated her constitutional rights.

Landry told reporters in July that her opposition to the pledge was political, inspired by NFL players kneeling during the National Anthem to draw attention to a surge of police violence against African-Americans.

RELATED: Student expelled for not standing sues school district and principal

The lawsuit accuses the principal, vice principal, secretary and two teachers of violating Landry’s rights to free speech, equal protection and due process and of singling her out because she was black.

Teachers sent Landry to the office several times for sitting during the pledge. When Principal Martha Strother saw Landry sitting, she told her to stand. When Landry did not, Strother expelled her and ordered her to leave the premises or said she would summon police.

In July, U.S. District Judge Keith P. Ellison held that Landry’s family had a legitimate claim that her equal protection rights were breached.

The attorney general’s filing praises the “time-honored tradition” of rising to honor the flag, citing a Supreme Court finding that government has a legitimate interest in preserving “the national flag as an unalloyed symbol of our country.”

“The United States flag represents the values of liberty and justice that form the foundation of this country and are defended by our armed forces,” according to Paxton’s court filing. “It is thus deserving of the highest levels of reverence and respect, which is expressed through every recitation of the Pledge of Allegiance.”

The filing references a Texas law allowing parents to submit a letter stating that they do not want their child to stand for the pledge. Standing is not optional, however, for students whose parents have not filed the letter, according to the court papers.

Paxton’s brief says 26 other states have statutes enshrining the Pledge of Allegiance as a part of each school day and 16 other states allot time for students who wish to say the pledge.

Advocates for the rights of African-Americans say Paxton’s stance reinforces his lack of understanding of marginalized communities.

“His decision, as usual, is rooted in racism and a need to maintain some control of a person’s personal autonomy,” said Ashton Woods, lead organizer of Black Lives Matter Houston.

Andre Segura, legal director for the ACLU of Texas, said the right that allows students to stand for the pledge allows others to decline in protest.

“Once again, it appears that Ken Paxton is using his authority to foster division within our state through political posturing,” Segura said. “Schools are meant to be a marketplace of ideas where students do not shed their First Amendment rights.”

Gabrielle Banks covers federal court for the Houston Chronicle. Follow her on Twitter and send her tips at gabrielle.banks@chron.com.