Fingerprint Dispute Highlights Protection for Free Exercise
FOR IMMEDIATE RELEASE
Contact: Dotty Griffith, Public Education Director, ACLU of Texas, (512) 478-7300 x 106; [email protected]
AUSTIN - The American Civil Liberties Union (ACLU) of Texas and cooperating attorney Gretchen S. Sween of Dechert, LLP on Friday submitted an amicus (friend of the court) brief in support of a Christian kindergarten teacher who has been unlawfully forced to choose between her job and her faith.
Download the Amicus brief (PDF)
The case highlights the importance of the Texas Religious Freedom Restoration Act (TRFRA), which was enacted to protect Texans' religious conduct and expression.
Pam McLaurin, a 20-year veteran teacher in the Big Sandy Independent School District, had her teaching certificates suspended last year by the Texas Education Agency (TEA) after she declined to provide fingerprints for a new background check procedure. The fingerprinting technique violated Mrs. McLaurin's religious beliefs based on Bible scripture. Instead, Mrs. McLaurin offered to submit to a criminal background check by alternative means. TEA refused to make an exception for her, even though it has made exceptions for other teachers.
"With TRFRA, the Texas legislature set the bar even higher than under the First Amendment," said ACLU of Texas Legal Director Lisa Graybill. "The state cannot interfere with an individual's practice of their religion unless there is no other way to fulfill a compelling government interest."
This is not the first time the ACLU of Texas has fought for Texans' rights to practice their faith. It has previously relied on TRFRA in litigation to protect the rights of a Christian pastor to operate a religious halfway house; a Sikh man to wear a religious head covering; and an elementary school student to keep his hair in long braids in accordance with his American Indian religious beliefs.
"We filed a brief in Mrs. McLaurin's case to provide a clear articulation of current Texas law, which guarantees strong protection for sincere religious beliefs of every kind," Sween added.
McLaurin filed suit against the state in the 53rd Judicial District Court for Travis County, seeking an injunction to protect her teaching certificate and other relief. A preliminary hearing was scheduled for 9 a.m. today at the Travis County Courthouse.
