A federal court has ruled Katy ISD engaged in “viewpoint discrimination” when it removed a Christian-themed Christmas card from a list of cards being sold by Pattison Elementary students as a school fundraiser.
The case was filed by Blake Pounds and several Pattison Elementary parents in 2006.
The Alliance Defense Fund Law Center, a Christian legal advocacy group, provided legal services for the Pattison parents.
The suit was filed after school officials prohibited the choice of a Christmas card message that included the phrase “And she shall bring forth a son, and thou shalt call his name Jesus; for he shall save his people from their sins.”
The Bible verse is from Matthew 1:21, a Biblical quote commonly cited during the Christmas holiday season.
At the same time, the school district allowed card messages that included references to Chanukah and Kwanzaa.
In court filings, attorneys for the school district said school officials excluded the Christian-themed card to avoid violating the Establishment Clause of the U.S. Constitution as it relates to religion.
The Establishment Clause refers to the first of several decrees in the First Amendment to the Constitution, including the declaration “Congress shall make no law respecting an establishment of religion.”
In his ruling, U.S. District Judge Lee H. Rosenthal rejected the district’s argument and found the school’s actions were, in fact, discriminatory.
“This court concludes that based on the record, the KISD did engage in unconstitutional viewpoint discrimination not justified by the interest in avoiding an Establishment Clause violation,” Rosenthal wrote in his decision.
Neither the school district nor the Alliance Defense Fund Law Center would comment following Rosenthal’s ruling.
The Christmas cards at the center of the controversy showcased Pattison Elementary student artwork and included a number of pre-selected messages. The cards were produced by a company called It’s My Artwork and were sold by students as a fundraiser.
The Christian message redacted by school officials was one of 12 possible choices, according to court documents. The remaining pre-set messages, all permitted by the school district, were:
- Wishing you a Merry Christmas and a Happy New Year
- Peace on Earth/Let it begin in our hearts.
- May your holiday spirit last forever. Happy Holidays!
- The gift of love — the gift of peace — the gift of happiness. May these be yours at Christmas.
- Christmas is for children! Fortunately there’s a little child in all of us! Have a very Merry Christmas
- May the lights of Chanukah/Fill your home with joy!
- Happy Chanukah
- Happy Chanukah! May the peace and joy of the season be with you and yours.
- Feliz Navidad y Prospero Año Nuevo
- May the ancestors bless you with a deep sense of heritage; Best Wishes for Kwanzaa
- Happy Kwanzaa/Celebrate Family, Community and Culture
The parents filed the lawsuit after lengthy negotiations between their attorney and the school district broke down.
In a demand letter to Katy ISD, Alliance attorney Mike Johnson said the district “showed open hostility” to Christian beliefs.
Beyond the Christmas card incident, other examples of an anti-Christian bias at Pattison Elementary cited in the demand letter included:
- Students were forbidden to sing Christmas songs, but were threatened with low grades if they did not participate in singing songs associated with non-Christian faiths.
- Students were prohibited from bringing to school any items that included the words “Christmas,” “Christ,” “Jesus” or “St. Nicholas” or that depicted a Christmas tree or Christmas ornament.
- Students were prohibited from singing Christmas songs at the school’s “Winter Party.”
- Despite the prohibition on Christian symbolism, students received educational worksheets on other religions, and were taught songs and symbolic rituals of other religions.
- The Christian Bible was not included in a display of sacred books of other religions in the school’s main entrance area. When parents asked that a Bible be included in the display, they were reportedly told by school officials “such items would never be allowed at Pattison Elementary.”
The school district has not said whether it will appeal the judge’s ruling.
