BIRMINGHAM, Alabama (CWNews.com) - An Alabama school
district this week relented and settled a lawsuit brought
on behalf of an 11-year-old girl who was told she could not
openly wear a cross necklace under her school's dress code.
Kandice Smith was told by authorities of the Walker County
School District at the beginning of the school year that
she had to hide the cross, a gift from her parents, under
clothing. The Curry Middle School had instituted a
mandatory dress code that included a provision that said:
"Neck jewelry should be restricted to around the neck and
not hang outside of required shirt."
The American Center for Law and Justice, which represented
Kandice in the suit, argued that "religious expression such
as wearing a cross is protected expression pursuant to both
the United States Constitution and the Alabama
Constitution. These are very important constitutional
safeguards that we must defend whenever they are
threatened."
The settlement agreement requires the school to revise its
dress code "to mandate religious accommodations in
accordance with the Alabama Religious Freedom Amendment."
Similar cases where students were forbidden from wearing
openly wearing religious symbols have been settled in other
states recently.