The relentless assaults on the wall of separation between church and state by President Donald Trump and his allies have dominated the news, but it’s important to remember that there are other things occurring – and some of the news is good.
In South Carolina, for example, a public school student who was punished for not reciting the Pledge of Allegiance has had her rights vindicated.
Two years ago, Marissa Barnwell was a freshman at River Bluff High School in Lexington, S.C. She was in the hallway headed to class when, she asserted in a lawsuit, teacher Nicole Livingston ordered her to stop walking and observe the Pledge, which was wafting over the loudspeaker.
Barnwell kept walking, and in her lawsuit asserted that Livingston pushed her against the wall and then marched her to the principal’s office.
It’s worth noting that there were other students in the hallway at the time, and Livingston didn’t accost them. Barnwell, who is Black, believes she was singled out for her race.
As “Friendly Atheist” blogger Hemant Mehta reported, the case was recently settled out of court. The school admitted no wrongdoing, but as part of the settlement, Barnwell will receive $75,000.
That’s an expensive lesson, and the sad thing is, this didn’t have to happen. The U.S. Supreme Court ruled in 1943 that public school students can’t be compelled to recite the Pledge if it violates their consciences or religious beliefs. (The case was brought by Jehovah’s Witnesses, who believe in pledging only to God, not to governments. At the time, the Pledge did not contain the phrase “under God.” That was added in 1954.)
As it turns out, Barnwell’s decision not to say the Pledge stems not from her religious beliefs but because she believes the country has not lived up to its promise of “liberty and justice for all,” but her reason for not taking part isn’t relevant. The school has a legal obligation to respect her right to not participate and failed to do so.
All teachers at River Bluff High should know about this area of the law. It’s basic stuff, and since they are overseeing morning exercises every day, it’s important that they understand the need to respect students’ rights. If officials at River Bluff High aren’t offering this instruction regularly, it is time they started. (Americans United has materials that can help.)
That’s one sure way to avoid problems like this in the future.
Photo: Marissa Barnwell, her parents and their attorney. Screenshot from YouTube.
