Judge sides with cheerleaders in Bible banner lawsuit

Liberty Institute attorney J. Michael Johnson had good news Thursday for Kountze High cheerleaders Kieara Moffett, left, and Rebekah Richardson after state District Judge Steve Thomas allowed the squad to continue displaying Bible banners at games. less Liberty Institute attorney J. Michael Johnson had good news Thursday for Kountze High cheerleaders Kieara Moffett, left, and Rebekah Richardson after state District Judge Steve Thomas allowed the squad to ... more Photo: Dave Ryan Photo: Dave Ryan Image 1 of / 32 Caption Close Judge sides with cheerleaders in Bible banner lawsuit 1 / 32 Back to Gallery

Cheerleaders in the Southeast Texas town of Kountze may continue displaying banners with Bible verses during football games until a lawsuit over the issue is resolved, a judge ruled Thursday.

State District Judge Steve Thomas of Hardin County granted a temporary injunction in a lawsuit that put the town of 2,100 residents in the center of a national debate about religious freedom and the First Amendment.

Thomas ruled that a ban imposed by the Kountze Independent School District appears to have violated the cheerleaders' rights to religious expression. Because the trial has been set for June 24, the outcome will be a moot point for this football season.

During this season's games, football players burst through signs hoisted by the cheerleading squad referencing Bible passages such as, "I can do all these through Christ who strengthens me," and "If God is for us, who can be against us?" The banners prompted a complaint on constitutional grounds from the Freedom from Religion Foundation, which said it was acting to protect the separation of church and state.

Schools Superintendent Kevin Weldon banned the signs based on advice from an attorney for the district. In response, the cheerleaders' families filed a lawsuit against Weldon and the district.

Praise from Abbott

Gov. Rick Perry and Attorney General Greg Abbott entered the dispute Wednesday, siding with the cheerleaders when Abbott filed a petition to intervene.

Abbott lambasted the Wisconsin-based Freedom From Religion Foundation, accusing it of using "menacing and misleading intimidation tactics."

"This is student-led expression, and that's perfectly constitutional," Abbott said.

The attorney general praised the court's decision Thursday, calling it a victory for religious freedom.

Annie Laurie Gaylor, co-president of the foundation, said the signs were displayed at a school-sanctioned event and clearly represent school-sponsored government speech.

"These cheerleaders represent the school district, and government speech may not endorse religion," she said. "They are supposed to represent school spirit. They are not supposed to represent the spirit of Jesus."

Point of interpretation

Tom Brandt, a Dallas-based attorney representing the Kountze Independent School District, said the district's decision to ban the banners was a straightforward effort to interpret the law.

He cited the U.S. Supreme Court's previous decision in a case involving Santa Fe ISD, which held that student-led prayers at a public high school game violated the Establishment Clause.

"It's hard for us to figure out how the banners aren't analogous to the situation with speech in Santa Fe," Brandt said.

Brandt said the school superintendent and board members didn't want to violate anyone's rights by endorsing or being hostile toward a religion.

"We are trying to walk a thin line," Brandt said.

The Anti-Defamation League issued a statement Thursday criticizing Thomas' ruling. "This misguided decision flies in the face of well-established U.S. Supreme Court precedent prohibiting school-sponsored religious activity," said Martin B. Cominsky, the organization's southwest regional director.

erin.mulvaney@chron.com