SAGINAW, Mich. (RNS) The U.S. Supreme Court has declined to hear an appeal in a case involving a Michigan fifth-grader who tried to sell candy canes with a religious message at his school.
The high court on Monday (Dec. 
denied the petition that the Scottsdale, Ariz.-based Alliance Defense Fund filed on behalf of Joel Curry.
Curry was 11 in 2003 when he made candy cane-style Christmas ornaments with notes that school officials considered “religious literature.” The notes attached to the ornaments, titled “The Meaning of the Candy Cane,” referred to Jesus six times and God twice.
Curry copied the message from an ornament at a Christian bookstore.
He made the ornaments as part of a class project in which students developed and sold products. He faced no discipline, though school officials told him to remove the message, and received an `A’ on the assignment.
Now a 15-year-old high school sophomore, Curry said he was disappointed in the high court’s ruling, but the incident happened “a long time ago” and he doesn’t “think about it much” anymore.
“They should have heard it because it’s an important issue involving the Constitution and people’s First Amendment right to freedom of speech,” he said.
The Alliance Defense Fund had asked the high court to “consider whether a fifth-grade student’s religious expression on a classroom project may be categorically identified as `offensive’ and therefore legitimately censored by state school officials.”
ADF attorneys filed a lawsuit against the Saginaw School District and Curry’s principal in 2004, claiming that the principal violated the Constitution’s equal protection clause because, in the past, she allowed other students to sell religious-themed items.
In September 2006, a federal judge ruled that the principal violated Curry’s First Amendment rights. A three-judge panel for the Cincinnati-based 6th U.S. Circuit Court of Appeals later reversed that decision.
By LaNia Coleman
Copyright 2008 Religion News Service. All rights reserved. No part of this transmission may be distributed or reproduced without written permission.
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posted December 11, 2008 at 7:44 pm
Good.
posted December 11, 2008 at 7:50 pm
The US Supreme Court has more important things to worry about.
posted December 11, 2008 at 8:00 pm
Seperation of Church and State. What could be clearer? For five yrs. of this growing boys life he has listened to his parents voices about the this injustice. A real injustice is having a gay pre-teen that has been kicked out of the boyscouts!
posted December 11, 2008 at 9:18 pm
I had no idea that they were coming out that early.
posted December 11, 2008 at 9:22 pm
I’m a big-’ole-gay-atheist-who hates Chistmas and the Baby Jesus and I think the kid was denied his First Amendment Rights and the Supremes should have heard the case and said so. A student’s right to free speech does not stop at the school house door. (read the Tinker case). Let the candy canes be an opportunity for discussion and debate. If any student disagreed with the candy’s message, he did’nt have to buy one. Merry First Amendment to all!
posted December 12, 2008 at 9:16 am
I believe it’s just fine for a child to bring religious messages to school. I don’t believe it’s fine for the child’s parents or pastor to employ this child to smuggle their own message in, but I don’t suppose there’s any Constitutional way to prohibit this.
I also believe this child is spreading myths about candy canes that have been proven false. Check out the following website: “www.snopes.com/holidays/christmas/candycane.asp.”
posted December 12, 2008 at 12:21 pm
I agree with Sinsonite; this child’s first amendment rights were violated; there was no imposition of his message on anyone there; he was simply expressing himself. I wish they had heard it to make this clearer for the country.
posted December 12, 2008 at 12:23 pm
I read the candy cane poem many years ago and I think it is very creative. The poor teachers they are doomed if they do and they are doomed if they don’t. In reconsideration it’s a child with a candy cane, and doing a project for something he believed in. Still think candy canes going to the Supreme Court is silly. Did he stand outside the school and try selling them or was he inside the school? Legally that might make a difference. I would like to see equal rights go before the Supreme Court for the GLBT, now that would a good reason for a case.
And speaking of freedom of speech used to dirty a whole segment of our population of Gay people; have you heard about the full-page NY Times Ad last week that equated protesters for equality on Prop 8 with a “violent mob”? Yup, Pat Boone, remember him? the far-right pundit and country singer. He said..”there is a real, unbroken line between the jihadist savagery in Mumbai and the hedonistic, irresponsible, blindly selfish goals and tactics of our homegrown sexual jihadists.” Well he’s always been over the top, I read in some magazine back in the 70′s that he and his Pentecostal friends went to Rock Hudson’s home when he was in his last stages of AIDS, and he talked him into getting dressed, and they all prayed around him for a complete healing of his AIDS. He could hardly stand. It didn’t work, it never does, but these people had to disturb him and probably made him feel worse than when they pushed their way in to see him. The servants told this story. Somehow I don’t feel like a jihadist, wouldn’t know how to feel like a jihadist. What rubbish!!!
posted December 12, 2008 at 12:49 pm
Henrietta, interesting Pat Boone story! Wow, talk about invading someone’s privacy! I was a “teen” fan of Pat Boones. My mom liked him better than Elvis…Oh well…
posted December 12, 2008 at 1:28 pm
I was a fan of his back in my conservative days. I’m now trying to wash my mind out!
posted December 12, 2008 at 1:37 pm
I must be getting old like Ck said, just looked up Rock Hudson’s passing and it was ’85, not the 70′s. Doesn’t change the story though. I was a young mom, and only had a crush on their Dad. I liked Elvis better though, he had some life in him.
posted December 12, 2008 at 4:32 pm
Back to the subject at hand (I was never a Pat Boone fan, for the record)…I think the kid was in the green zone. As long as the school was not promoting the message, then it is within the legal limits. Otherwise, there is not hope for the free exchange of ideas. If the school were promoting the products, then they would also be promoting the religion. But because any and all products were considered, the school and the students are in the clear.
We are actually handing out candy canes with a variation on this message to the whole congregation next Sunday (you must be present to get one). It is our Church School students gift to the adults. It is a cool thing the kids can understand and the adults appreciate.
posted December 12, 2008 at 5:02 pm
Jakob & jestrfyl have the right idea, here. The problem with religion in schools stems from teachers pushing their beliefs on children or forcing them to participate in religious activities, not the students’ religious expressions. I don’t think this was a big enough deal to trouble the Supreme Court so I’m glad it didn’t get that far, but I think the kid could have sold his candy canes without infringing on anyone’s rights.
posted December 14, 2008 at 7:14 pm
It’s a shame that people would go after a fifth grader to get rid of God its sick and has gone too far.
posted December 14, 2008 at 7:32 pm
It’s all over now anyhow, as the US Supreme Court isn’t going to hear it, and as Curry is in high school and said he doesn’t think about it much anymore. He’ll have a story for his kids one day…about how he brought religious messages to school on candy canes. Such a fuss…