P.O REEDOM FROM RELIGION foundation BOX 750» MADISON. WI S3701 » (608) 256-8900 » WWW.FFRF.ORG October 11, 2017 SENT VIA US. MAIL & EMAIL: jvyoung@lapoynorisd.net Mr, James Young Superintendent LaPoynor Independent School District 18155 Hwy 175 B LaRue, TX 75770 Re: Unconstitutional endorsement of religion Dear Superintendent Young: 1am writing on behalf of the Freedom From Religion Foundation (FFRF) to alert, ‘you to several constitutional violations occurring in LaPoynor Indepdendent School District (‘the District”). FFRF is a national nonprofit organization with more than. 29,000 members nationally including more than 1,200 members in Texas. FFRF's purposes are to protect the constitutional principle of separation of state and church, and to educate the public on matters relating to nontheism. We were contacted by a concerned local resident and former LaPoynor ISD student. It is unconstitutional for the school to display the Christian flag. Itis our understanding that a Christian flag is flown alongside the United States flag and the Texas state flag on the grounds of LaPoynor High School. Please see the enclosed images. ‘The Christian flag contains a Latin cross, the preeminent symbol for Christianity. ‘The flag was designed by Protestants in the early 20° Century. It has been said that the white in the flag represents the biblical conceptions of purity, the blue in the flag represents the baptism in water, and the red color of the cross is symbolic of the sacrifice Jesus made when he was crucified ‘The religious significance of the Latin cross is unambiguous and indisputable. “The Latin cross... is the principal symbol of Christianity around the world, and display of the cross alone could not reasonably be taken to have any secular point." Capitol ‘Square Review and Advisory Bd. v. Pinette, 615 U.S. 753, 792 (1995) (Souter, J., concurring). An overwhelming majority of federal courts agree that the Latin cross universally represents the Christian religion, and only the Christian religion. See, eg, Separation of Church and State Comm. v. City of Eugene, 93 F.3d 617, 620 (9th ‘Dan Biker and Annie Laue aylor Co PedenCir, 1996) (“There is no question that the Latin cross is a symbol of Christianity, and that its placement on public land... violates the Establishment Clause"); Harris . City of Zion, 927 F.2d 1401, 1412 (7th Cix. 1991) (a Latin cross...endorses or promotes a particular religious faith. It expresses an unambiguous choice in favor of Christianity.”) cert. denied, 605 U.S. 1218 (1992); ACLU of Il. v. City of St. Charles, 794 F.2d 266, 271 (7th Cir. 1986) ("When prominently displayed...the cross dramatically conveys a message of governmental support for Christianity, whatever ‘the intentions of those responsible for the display may be. Such a display is not only religious but sectarian"), cert. denied, 479 U.S. 961 (1986). ‘A majority of federal courts has held displays of Latin crosses by government ‘entities to be an unconstitutional endorsement of religion. See, eg, ACLU v. Rabun County Chamber of Commerce, 698 F.2d 1098, 1111 (11th Cir. 1983); Trunk v. San Diego, 629 F.3d 1099 (Sth Cir. 2011), cert. denied, 122 S.Ct. 2535 (2012); Buono v. Norton, 371 F.3d 548, 550 (8th Cir. 2004); Carpenter v. City and County of San Diego, 93 F.3d 627,632 (9th Cir. 1996); Friedman v. Bd . of County Comm'rs, 781 F.2d 777, 778 (10th Cir. 1985) (en banc); ACLU v. Eckels, 589 F. Supp. 222, 241 (GD, Tex. 1984). The display of this patently religious symbol by the District confers government endorsement of Christianity, in violation of the Establishment Clause. Organizing religious events or promoting religious events on the District's Facebook page and website violates the Establishment Clause. tis our understanding that the District recently used its official Facebook page to promote “See You at the Pole.” Two posts from September 26, 2017 the day before the event - reference “See You at the Pole.” One contains an image of the Christian {lag at LaPoynor high school and the date and time ‘or "See You at the Pole,” along, with “Mflyerpride,” presumably a reference to the school's nickname. The other is repost from a Christian radio station containing the words "Fix Our Eyes” and a citation to the bible verse Hebrews 12:2. As you may know, “See You at the Pole” is Christian-oriented prayer rally organized each yesr around a bible verse. This ‘year’s theme and verse is Hebrews 12:2, “Fix our eyes on Jesus.” Additionally, it has come to our attention that both the District Facebook page and official website are used to promote an annual baccalaureate ceremony for graduating seniors. The baccalaureate is listed on the school calendar and reminders for the ceremony are periodically posted during the lead up to graduation. One particular post on the District's Facebook promotes the baccalaureate using an image of a diploma and mortarboard laying across a bible ‘opened to Proverbs, Please see the enclosed images. ‘To the extent that the District is responsible for orgunizing either the See You at the Pole event or baccalaureate services, itis in violation of constitutional law. The Establishment Clause of the First Amendment prohibits public schools fromsponsoring any type of religious practices. See Lee v. Weisman, 505 U.S. 577, 590 (1992), Baccalaureate programs are religious services that include prayer and worship. Schools may not in any way plan, design, or supervise baccalaureate programs. See, e., Warnock v. Archer, 443 F.3d 954 (8th Cir. 2006) (upholding injunction prohibiting school district from orchestrating ot supervising prayers at school graduation or baccalaureate ceremonies). See You at the Pole is similarly an exclusively Christian religious event. Event organizers explicitly distinguish between Christian and non-Christian students, calling for non-Christian students to- be “reached” through the event while Christian students ‘strengthen their unity.”! When courts have permitted privately sponsored baccalaureate services in public schools, the schools took significant steps to ensure that there was no school endorsement. See Randall v. Pagan, 765 F. Supp. 793 (WD.N.Y. 1991) (noting that, “the school board has already formally and publicly dissociated itself from the baccalaureate service, has canceled its prior order for programs and has refused to Tend any financial support, either direct or indirect, to assist the [religious group] in ite sponsorship of the event.” In addition, no “district personnel are involved in any aspect of the service, either in their capacities as District employees or... in their personal, individual capacities.”); Verbena Methodist Church v. Chilton Ba. of Educ., 765 F. Supp. 704 (MD. Ala. 1991) “The Board must also ensure that no other school officials promote, lead, or participate in the service.”). LaPoynor ISD hhas not distanced itself from the baccalaureate taking place within its district in any meaningful way. Even if not organized by District employees, itis also illegal for the District to grant preferential treatment to privately organized religious ovants by advertising them ‘on its website or social media pages. By posting images of the school's Christian flag on the District's official Facebook page that have been stamped with the District's seal of approval - “#flyerpride” ~ the District has given every objective observer reason to believe that “See You at the Pole” is endorsed by the District. Likewise, promoting a baccalaureate using explicitly Christian images further gives the impression the District is endorsing the Christian faith to the exclusion of minority religions and nonreligion. This is constitutionally impermissible. Conclusion. ‘The Districts practice of displaying the Christian flag on school grounds and promoting religious events online has an exclusionary effect, turning non-Christian ‘and non-believing students into outsiders. As the Supreme Court explained, “school ‘sponsorship of a religious message is impermissible because it sends the ancillary message to members of the audience who are nonadhererts that they are outsiders, not full members of the political community..." Santa Fe Indep. Sch. Dist. v. Doe, 580 U.S, 290, 309-310 (2000) (internal citation omitted). The District should be particularly mindful of being inclusive of minority religious and nonreligious people, ‘See You atthe Pole, inesatn com elie “Adults”sven that fully 44% of younger Americans—those born after 1990, i., your current student body-—are non-Christian. ‘The District must immediately remove the Christian flag from school grounds. In addition, the Distriet must ensure that its staff members are not organizing, promoting, or participating in religious events while acting in their official capacities and provide assurances that it will not use its official communication channels to endorse religious events in the future. Please inform us in writing of the steps you are taking to remedy these constitutional violations. Sincerely, LAN Sam Grover ‘Associate Counsel ST:c0m Enclosures = America’s Changing Religious Landscape, Pew Research Center (May 12, 2018), available ot ‘www pewforum oreP2015I06/1S/amerienschanging-religious-landscape!.wg2sw 97 eqwerdos ‘ey vans a eure, ews -suowucg doy ayyssoin z pur une Kan ‘SUL ADSI ‘exaTEM EYEOL owe monn a ‘Aqunwwe snoay so10ud s00p1A smojnou sis0g won wow psyoukode® asiioufoge7 99s famensen “v9zasu/oripa//cn jog YL Ye NO, 2s saukoaey ‘sex9 ‘onye7 4 owes ogre ry - pusuuessy 4m asun pye'k ‘su 24 Sieg 9 pue vost way ‘sewous Aro VaULL EWEN come ewes a aa iad -wououn 0 9 941 m9 i SL uoge #98 < rong sno vaso ear -sw00 0H M6 om.9s oan gooyos Gbiy{ soukod WI 2)Od Buy 76 NOK Sas 106 Le usUnatass AvUSaNGIM iS3A3 UNO XI4 10d 3HLLV NOATES wes woes won wed EM YD sera, ‘ene ul 0049s Nand accor o | SETS | peony oan purpspoUkoder® Qs1s0uhoge72402.8 x0008205 =2109 = 5991009 15991049 PY -BustyoNpY SUL = BAG JUS fepsony uo anger osinea. 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