A Texas trial court yesterday decided a widely-followed Establishment Clause case. In
Matthews v. Kountze Independent School District, (TX Dist. Ct., May 8, 2013), the court rejected an Establishment Clause challenge to high school cheerleaders displaying their own banners and "run-throughs" containing religious messages at football games and other sporting events. The court had previously issued a temporary injunction after concluding that the cheerleaders were engaging in private religious expression. (See
prior posting.) In yesterday's brief decision, the court said in part:
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.
After the decision, Texas attorney-general Greg Abbot issued a statement (
full text) saying in part:
This is a victory for religious liberties and for high school cheerleaders who stood up to powerful forces that tried to silence their voices. The Freedom From Religion Foundation was wrong in trying to bully Kountze ISD into prohibiting the cheerleaders from displaying banners with religious messages. Our Constitution has never demanded that students check their religious beliefs at the schoolhouse door.
Texas Governor Rick Perry also issued a statement (
full text), praising the cheerleaders of showing "great resolve and maturity beyond their years." Liberty Institute issued a
press release announcing the decision, and
ABC News reports on the decision in the widely-followed case. The Freedom From Religion Foundation issued a
press release calling the decision "misguided."
