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ACLU of New Jersey Sues Newark Public Schools for Holding Graduation in Church (3/7/2007)
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
Muslim Honor Student Unable to Attend Graduation
NEWARK - The
American Civil Liberties Union of New Jersey filed a lawsuit today against the
Newark Public Schools for violating a Muslim student's religious freedom by
holding West Side High School's 2006 graduation ceremony in the sanctuary of a
Baptist church.
"I worked hard throughout high school to reach the
point of graduation, and the school -by holding graduation in the sanctuary of a
church - denied me the chance to be there with my friends and family for what
should have been a happy, once-in-a-lifetime experience," said Bilal
Shareef.
Shareef, a 2006 graduating senior and honor student who is
Muslim, was unable to attend his graduation because the school's decision to
hold graduation in a church forced him to choose between missing graduation or
violating his religious proscription against entering buildings with religious
iconography, such as pictures of God or the cross.
Prior to 2004,
West Side High School held its graduations in secular locations. However, in
2005, the school scheduled graduation in New Hope Baptist Church. At that time
the ACLU of New Jersey received a complaint from a Muslim parent and contacted
the attorney for Newark Public Schools. Upon receiving a letter from the school
attorney providing assurances that graduation would not be held in a religious
location again, the ACLU of New Jersey agreed not to sue. The school district
attorney, in his letter, stated that "based [on] the legitimate concerns of our
student and parent, I will advise District administration to refrain from
scheduling events in church locations and make every effort to work with the
church to remove or conceal religious symbols for the duration of the
ceremony."
However, in 2006, despite this written promise, West
Side High School again scheduled its graduation ceremony in New Hope Baptist
Church. Moreover, then-Principal Fernard Williams informed students that if they
attended a separate religious baccalaureate ceremony at the Basilica of the
Sacred Heart (a Catholic church), they would receive two additional tickets for
family or friends to attend the graduation ceremony.
"Although he
tried not to show it, I knew Bilal took it hard," said Ahmad Shareef, Bilal's
father. "I am an involved parent and would have been proud to see Bilal
walk up to receive his diploma, but I am even more proud that he stood up for
our beliefs. Insha'Allah [God-willing], this lawsuit will ensure that students
from all religious backgrounds will have their rights and religious beliefs
respected."
The lawsuit says that the school's actions of awarding
benefits to students for attending the Catholic religious ceremony and holding
the graduation ceremony in a Baptist church violated the New Jersey
Constitution's prohibitions against: showing a preference for certain religious
sects over others; compelling people to "attend any place of
worship contrary
to his faith and judgment;" and segregating or discriminating against students
"in the public schools, because of [their] religious
principles."
"This case is a living example of why the New Jersey
Constitution makes it clear that government should neither favor nor
discriminate against religious practice," said ACLU of New Jersey Legal
Director Ed Barocas, who represents the Shareefs. "Schools should not sponsor
activities that exclude some students from participation on the basis of
religious belief."
The ACLU of New Jersey has a long track record
of supporting the right of individuals to express their religious beliefs and
engage in religious practices free from government interference, including
recently defending a second-grade student's right to sing a Christian religious
song at an after-school talent show, ensuring that jurors who wear religious
garb are not removed from jury pools, and supporting a student whose public
school teacher told the class that they belonged in hell if they did not believe
that Jesus died for their sins.
The case is Bilal Shareef and Ahmad
Shareef v. Newark Public Schools, et al. It was filed in New Jersey Superior
Court in Essex County.
The complaint can be found online
at:
www.aclu-nj.org/legal/legaldocket/shareefvnewarkpublicschool.htm
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