New "Candy-Cane" Religious Message Case Filed

In what may be a reprise of nearly a decade of litigation out of Texas, a new "candy-cane" case has hit the courts, this time in California. The San Bernadino County Sun reported yesterday that Alex and Myrna Martinez, parents of a first grader (Isaiah), have filed a lawsuit against the West Covina Unified School district alleging that a Merced Elementary School teacher refused to allow their son to distribute Christmas candy canes with a story about Jesus attached. Allegedly the teacher tore the messages off the candy before allowing the student to distribute them, saying that Jesus is not allowed in school. The complaint claims that other students were allowed to distribute Christmas gifts. The school board says that the candy canes were being distributed during instructional time, which is prohibited by school rules. Advocates for Faith and Freedom, which sent a demand letter (full text) to school officials on behalf of the student, has posted more about the case. School board president Steve Cox says he is concerned that the district is being "set up" as a test case.