WASHINGTON D.C. /Christian News/ — The American Center for Law and Justice (ACLJ) said it is pleased that a federal district court in New York granted its request-within hours-to allow 13-year-old Raymond Hosier to return to class, after being suspended indefinitely for wearing a rosary to school. Tuesday, the ACLJ filed a request with the federal court urging immediate action to be taken in the form of either a Temporary Restraining Order (TRO) or Preliminary Injunction, allowing Raymond to return to school wearing the rosary. The ACLJ contends Raymond “has suffered and continues to suffer irreparable harm” for being suspended by school officials. The ACLJ requested the court to enjoin the defendants to restrain from enforcing the student dress code policy against Raymond in a way that prevents him from attending school while wearing the rosary.

In a decision issued this afternoon, U.S. District Court Judge Lawrence E. Kahn issued a TRO ordering the school district to permit Raymond to return to school tomorrow with his rosary displayed around his neck and outside his shirt, something he has been doing since September 2009.

“We’re delighted that Raymond can return to school with his rosary in place,” said Jay Sekulow, chief counsel of the ACLJ. “This is an important step in the legal process that we believe will result in the federal district court determining that the punishment inflicted by the school district in suspending Raymond for wearing a rosary not only was wrong but violated his constitutionally-protected rights.”

The court has set a hearing date of June 11, when it could grant a preliminary injunction, permitting Raymond to continue to wear the rosary in school until a final decision is reached in the case.

Also Tuesday, the ACLJ filed a lawsuit in the U.S. District Court in the Northern District of New York on behalf of Raymond and his mother, Chantell Hosier, and against the Schenectady City School District and school officials-including the principal of Oneida Middle School, where Raymond attends. The suit requests a jury trial and asserts that the school’s actions violated Raymond’s constitutional rights of speech and expression, free exercise of religion and due process under the First and Fourteenth Amendments.

In suspending Raymond, school officials contend that wearing a rosary including religious beads violates the school district’s dress code policy and asserts that the rosary is considered a gang-related symbol.

In the complaint, the ACLJ asserts that Raymond wears the rosary to express his faith in God and to honor the memory of a deceased uncle and his brother who died with the same rosary in his hand. The complaint contends that Raymond is not a member of any criminal gang and does not wear his rosary to promote gang membership or violence. It also notes that Raymond has been wearing the rosary since September 2009 without causing “any disruption to the school environment.”

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C. The ACLJ is online at www.aclj.org.