3 ms·
Article is wrong. The student didn't lose the lawsuit, she lost the motion for an injunction that would prohibit the school from expelling her for refusing to
by bcoates 14y ago
Article is wrong. The student didn't lose the lawsuit, she lost the motion for an injunction that would prohibit the school from expelling her for refusing to wear the badge. The lawsuit is allowed to proceed.
IANAL, but the decision still looks crazy to me: It centers around Employment Division v. Smith, which is no longer good law federally or in Texas as the Federal and Texas Religious Freedom Restoration Acts were passed specifically to overturn that decision.
They create a new statutory right that forbids the government from using the powers in Smith. The court interprets the new laws to not forbid anything that would be allowed by Smith, which IMHO is not a credible reading of the law and pretty disrespectful of the Texas State Legislature's right to control the Texas school system.