Weldon reportedly made the decision after receiving a letter of complaint from the Freedom From Religion Foundation, a national nonprofit organization that advocates separation of church and state, But the cheerleaders scored a partial victory on Thursday, when a judge granted a temporary restraining order on enforcement of the ban after parents of the cheerleaders filed a discrimination suit earlier in the week, the Houston Chronicle reported.
Under the injunction, the cheerleaders will be allowed to use the Biblical banners at games at least until an Oct. 4 hearing.
The nonprofit Liberty Institute, which is representing the cheerleaders' parents, argues that it is unconstitutional to censor religious speech in this manner, the Post said.
The Texas Association of School Boards would not discuss its confidential conversations with Weldon, who had sought the organization's advice prior to banning the religious banners, but issued a statement on the case:
"The federal court guidance... draws a distinction between private student speech, including written messages, which enjoys free speech protection under the First Amendment, and school-sponsored speech, which must conform to the Establishment Clause by not endorsing, coercing, or favoring religion,” Joy Baskin, the association's director of legal services, said in the statement.
Cheerleader Macy Matthews, 15, argued that no school money was used and the signs weren't made on school property, so they should be allowed. She said she didn't anticipate the ban.
"It was upsetting because it's what motivated the boys each week," Matthews told the Chronicle. "I was shocked, really. I didn't understand why it would be a problem."
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