School District Agrees to Allow Religious Christmas Cards

(Portland, Oregon) - An Oregon school district has agreed to change its policy prohibiting students from handing out religious Christmas cards to their classmates.

The case involves a 6-year-old kindergarten student who tried to hand out a card explaining the meaning of the candy cane at a class party last December. The card noted that candy canes are shaped like a "J" for Jesus, with white symbolizing Jesus' purity and red representing the blood Jesus shed for his followers.

"We are pleased to resolve this issue in a manner that safeguards the constitutional rights of our client and all students in the Gresham-Barlow School District," said Stuart J. Roth, Senior Counsel of the American Center for Law and Justice, which represented the student.

"It is unfortunate it took a lawsuit to bring about this change -- but it is encouraging that students will now be able to exercise their free speech rights in the classroom -- including the use of religious references and religious messages if they so desire -- without being censored."

In February 2004, the American Center for Law and Justice filed a lawsuit in U.S. District Court in Portland on behalf of Julie Cortez and her 6-year-old son, Justin, a kindergarten student at North Gresham Grade School, a public school in Gresham, Oregon.

The suit stemmed from a school Christmas party where students exchanged cards and gifts. No restrictions were placed on what type of cards or gifts could be given out.

After the teacher noticed Justin's candy-cane card, school officials said Justin could not hand it out because it violated policies barring schools from advocating religion and/or promoting one religion over another.

The ACLJ's lawsuit contended that Justin's card was student speech, not school speech; and it was part of a "broad, balanced Christmas party" where other students also distributed candy canes, cards, and other gifts.

In a settlement agreement signed by both the Gresham-Barlow School District and the ACLJ, the school district has agreed to amend its policy to permit students -- as part of a class event -- to exchange materials containing a religious message.

That means Justin may hand out his "Story of the Candy Cane" card this year.

Now that they've reached a settlement, both parties have agreed to ask the court to dismiss the lawsuit, the ACLJ said in a press release.