CBS/AP/ October 18, 2012, 3:28 PM

Judge rules for Texas cheerleaders in Bible banner suit

A banner made by the Kountze High School cheerleaders displays a Bible verse.

A banner made by the Kountze High School cheerleaders displays a Bible verse. / Facebook/Support Kountze Kids

AUSTIN, Texas A judge stopped an East Texas school district on Thursday from barring cheerleaders from quoting biblical scripture on banners at high school football games, acknowledging their argument that is appears to violate their free speech rights.

District Judge Steve Thomas granted an injunction requested by the Kountze High School cheerleaders allowing them to continue displaying such banners pending the outcome of a lawsuit set to go to trial next June 24, Texas Attorney General Greg Abbott said. Thomas previously granted a temporary restraining order allowing the practice to continue.

School officials barred the cheerleaders from displaying banners with religious messages such as, "If God is for us, who can be against us," after the Freedom From Religion Foundation complained. The advocacy group says the messages violate the First Amendment clause barring the government — or a publicly funded school district, in this case — from establishing or endorsing a religion.

Republican Gov. Rick Perry and Texas Attorney General Greg Abbott spoke out in support of the cheerleaders on Wednesday. Perry appointed Thomas to fill a vacancy on the 356th District Court, and he is running for election to continue in the post as a Republican.

Abbott also filed court papers to intervene in the lawsuit and sent state attorneys to support the cheerleaders' position that the district's ban violated their free speech rights. The Texas Education Code also states that schools must respect the rights of students to express their religious beliefs.

"It is the individual speech of the cheerleaders and not in fact the government speaking," David Starnes, the cheerleaders' attorney said, according to CBS affiliate KDFM-TV. "It is not just one girl or one person in the group that comes up with the quote, but it's on a rotating basis that each girl gets to pick the quote. That is their individual voices that are being portrayed on the banner."

Thomas Brandt, the attorney representing the school district, said the superintendent had acted to comply within existing legal rulings.

"The political winds are blowing very strong in one direction but the law says something different. This is not a freedom of speech case," Brandt said, according to KDFM.

The Freedom From Religion Foundation, which is dedicated to the separation of church and state, argued in the context of a football game it was unclear who was responsible for the messages, the school or the cheerleaders.

"The speech in question is government speech or, at a minimum, school-sponsored speech," the group said in court papers. "If the majority of the cheerleaders were atheists, would a court support their `right' to hold up a banner insulting Christianity or all believers? The district has every right to simply prohibit all run-through and on-field banners."

Perry said Texans should encourage the cheerleaders.

"Anyone who is expressing their faith should be celebrated, from my perspective, in this day and age of instant gratification, this me-first culture that we see all too often," Perry said Wednesday. "We're a nation built on the concept of free expression of ideas. We're also a culture built on the concept that the original law is God's law, outlined in the Ten Commandments."

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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westgalady says:
Because these cheerleaders represent their public school system, they are not allowed to proselytize when they are on the field. They are more than welcome to sit in the stands and hold banners that have bible quotes. I don't fault the girls, as they don't know any better. But, the adults do know better and are using these cheerleaders to push their own personal Christian beliefs. What part of the law do the "adults" involved in this case not understand. It is against the law to have banners with Christian religion quotes at a public school football. If this continues, then I think the other students at the high school should insist that their different beliefs (or no belief) be included on the banners. How about a banner from the non-believing students that says "I don't believe in your god." What would all the "adults" think of that?
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Cyrax75 replies:
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Sorry, you censor-mongering, Christophobic bigot! I'm afraid that Freedom of Speech won out this time! See, the problem with you Far Left hacks is that you don't seem to understand that the principle of Freedom of Speech works both ways, that is, you have to accept speech you hate or disapprove of, and you don't get to declare public land "Christian-free" secular-zones because of such hate, bigotry, and opposition, etc.! Their banners could be secular, religious, whatever, but whatever text was chosen certainly wouldn't be "illegal" or "unconstitutional" as you psychopaths perpetually like to claim.

I agree, it is against the "law", that "law" that's inside the head of lying hacks like you, the ACLU and other aggressive secularists/illiberal atheist lawsuit-loving groups! Someone is quote in the article as falsely and wildly claiming that this text violates the 1st amendment, as if this amendment was an pro-atheist amendment granting him heckling veto powers at all this religious, well, it wasn't!

"Congress shall make no law respecting an establishment of religion, NOR prohibiting the expression thereof!" I'm afraid to break the news to you lying psychopaths, but these cheerleaders are not Congress and they did not pass a law that respected or prohibited the expression of an establishment of religion, so stop lying, grow some skin, and learn to deal with differing points of view/beliefs, whether secular or religious, you disgusting Christophobic bigot!!!!!
Cyrax75 replies:
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Also, notice how this lying hack classifies their speech as proselytizing... I mean, when you speak of anything, you inherently promote it, like say GayStraightAlliance clubs and a member speaking at graduation and basically turning it into a "coming out" ceremony (they're doing this, yes). You could consider that proselytizing, speech is speech though, proselytizing or not, and nobody ever voted to ban this particular form of speech. Every "law" that this Far Left lying hack claims is being violated ENTIRELY exists in his head, the ACLU and the enabling judges who have at times judicially-imposed their Christophibic, bigoted concepts, etc.

When they're not lying about the law and claiming that the Freedom of Speech amendment actually censors anything Christian on public land, they're actually promoting a "censorship-by-overload" concept. They selectively say, well, if we allow this speech, then we must allow Muslim speech, or Satanist speech, etc. all meant to shut down the originally targeted speech! This is how they got the Christmas celebrations in CA shutdown, atheists brought their bigoted attack displays and put them near nativity scenes, and then the local city banned the whole concept because of the fighting (exactly what these aggressive secularists wanted, etc.)!

Anyway, at least they lost this one minor battle, but make no mistake, they are winning most of them!
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margroks says:
What appalling nonsense. Askng God to intervene in a GAME? Plus, this does amount to pushing their religion onto other people, clearly aprohibited in the Constitution. Get over it and kkeep your religion to yourself. I have my own and don't want yours. Even the Bible occaisionally addresses this and tells people not to show off their religious beliefs.
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Cyrax75 replies:
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No, this amounts to Freedom of Speech clearly PROTECTED in the Constitution! Yesss, even speech that you hate and would tell others to shut up about and keep to themselves kind of speech, the Christophobic, bigoted hack that you are! You don't need the first amendment to protect popular speech (it doesn't need protecting), do you? Sorry you lost this one, bigot!
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Think3Times says:
I hope the students retaliate with banners from every religion during the next football game, and yes please do include satanism, because that is a "religion" too.

Show the judge how stupid his decision really is.
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Cyrax75 replies:
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Yess, Freedom of Speech is clearly very stupid to Christophobic, bigoted hacks like you! We understand! Only secular speech is to be allowed by citizens on public land, so tell us our secular totalitarian bullies and they got their lawsuits ready-and-waiting if not!!!
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fiddlestickawshucks says:
Three MILLION cheers for Judge Steve Thomas.!!!

This country needs ten thousand more Judges just like him; somebody to stand up for the majority instead of all the whining crybabies who file lawsuits at the drop of an eyelash.

Having a President and Congress who are for the majority wouldn't hurt either.

If you object to something you see or hear something you don't like at any public function; you are free to leave at any time.

And the sooner the better.

Stop wasting taxpayers money filing law suits which not only tie up our Court dockets, but cost all taxpayers; not just those who agree with you; money we don't have.!!
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Think3Times replies:
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3 million cheers.. and the other 310 million people in America are yelling ***??
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WitchBroom says:
I say lets have a group of Muslims create the banners for their next football game, and then watch how the right wing nutjobs explode in anger.
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Cyrax75 replies:
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So the left wing, Christophobic, bigoted hack preaches "censorship" by overload essentially! Get somebody to target their speech and replace it with something else that far less would approve of from Muhammadans to Satanists, etc. and then those that approve of this, will oppose the latter!

Sorry nut job, it would still be Freedom of Speech and if the character of the population was majority Muhammadan, that would be in context and representative; they are doing that in their own countries after all! But just because a Muhammadan comes here, doesn't mean everyone has to censor and stop transmitting their beliefs and culture, which only benefits aggressive secularists and illiberal atheists in the end which is why you raise the point, the bigoted, Christophibic, hack that you are!

The funny thing is, the text doesn't say anything that already isn't in the pledge of allegiance (under God), but of course you hacks have filed lawsuits against that to get it censored. Censor-happy sick, twisted atheist/secularist hacks that claim the 1st Amendment censors everything Christian on public land, Christmas included, BUT it PROTECTS animated child porn, adult porn, flag burning, Rape'n'Escape manuals by NAMBLA (great work ACLU!), Nazi marches in Jewish neighborhoods!! You malcontents are just sick and twisted at the end of the day!
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skeezix06 says:
Texas is definitely in the running for most backward state in the nation.
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Cyrax75 replies:
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Ah yes, a lecture by a typical disgusting, Far Left, Christophobic bigoted hack referring to views that the little darling doesn't approve of as "backwards"! Very tolerant of diverse points of view and of Freedom of Speech this guy right here! The formula is: Atheism = Forwards, Theism = Backwards! The message is clear: just shut up and keep it to yourself or we're gonna call you and your state "backwards!"
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VeteranAirlineCapt says:
Good news for the Dar-Ul-Arqam schools around Houston: now THEIR cheerleaders can recite Islamic verse, at their games. I'm glad the community came down on the side of freedom, so are they.
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Larnan5 says:
Why would God favor one team over another. That is idiocy.
In a prize fight usually both boxers come out and cross themselves.Then God decides to have one guy beat the other to oblivion. So these girls think that God will make them win by 4 touchdowns? That's just plain stupid.
Sorry, but if there is a God and he or she works that way, why bother?
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lnytnz says:
religion ruins everything. these girls need a science class so maybe they can give up their fairy tale of a god. the sooner religion is removed from the public forum the better off we all will be. in the 21st century with all we know I am amazed people still buy this crap
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askagain replies:
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Try reading the Constitution, if you can read. This is America which guarantees freedom of religion. Or haven't you heard of that?
lnytnz replies:
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sure smart ass I can read, just because the constitution allows for the freedom of religion doesn't mean any religion is valid. I'm saying ALL religion is garbage or did you flunk science too?
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gbgentleman says:
'"It is the individual speech of the cheerleaders and not in fact the government speaking," David Starnes, the cheerleaders' attorney said'

BS...the cheerleaders represent a PUBLIC school when they are in uniform at a game. No matter who 'comes up with the phrase', using it in an 'official' function is barred by federal law.
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ksharon1 replies:
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The money you earn, hopefully, and spend reads "In God we Trust". Pretty sure it is the result of a "federal function".
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