Kindergartner Prohibited for Distributing Gifts with Christian Message

By Vivian P.

According to CNS news, a kindergartner, who was prohibited from passing out religious items in class, is challenging a ruling by the U.S. Court of Appeals for the Third Circuit against the school policy, calling it religious discrimination.

The Rutherford Institute, a civil liberties organization committed to defending constitutional and human rights, is representing Dana Walz and her son Daniel. They are waiting for the Supreme Court to take their case.

The institute attorneys, in requesting a review of the case by the Supreme Court, said the school district's actions and policies discriminate against Daniel's speech on the basis of its religious viewpoint, constitute hostility toward and denigration of religion in violation of the First and Fourteenth Amendments, and violate a New Jersey law against discrimination

"To prohibit a student from handing out gifts of his choosing to his classmates simply because the school is afraid that a parent will mistakenly assume school participation is ludicrous," said John W. Whitehead, president of the Rutherford Institute.

"We are hopeful the U.S. Supreme Court will see through the school officials' justifications and recognize their actions for what they are -- religious discrimination," Whitehead said.

In April 1998, during the Easter-Passover season, Daniel handed out pencils just as other children handed out small gifts at the holiday party. The pencil that Daniel passed out had a Christian message, which stated “Jesus loves the little children.”

On seeing the pencils, Daniel's teacher confiscated them from the children. Daniel's mother, Dana Walz, who was present in the classroom, immediately reported to the school’s principal to allow his son to pass out the pencils but the principal, assistant superintendent and superintendent denied Daniel's request to hand out the pencils.

Then in December 1998, Daniel and his classmates had a Christmas-Hanukkah party at school. Before the party, Walz contacted the school's attorney to get permission for her son to hand out candy canes with the story "The Candy Maker's Witness" attached to them. However the school allowed Daniel to pass out the candies only outside of classroom whereas other children were allowed to hand out non-religious items during the party.

The institute attorneys have asked the court to determine whether students’ religious speech can be violated solely because it is religious and to what extent the Supreme Court’s First Amendment jurisprudence, applies to elementary schools.

  • [Exclusive Interview] A revelation within the brink of life and death — Meg Leung’s mission in Christian art

    Meg Leung (梁麗橋), an artist with a lifelong love for watercolor painting, sees her art as more than a means of expressing her inner world; it is a bridge connecting her to God. Her artistic journey has revealed God’s perfect plan and inspired her to communicate the power of faith through her wor

  • Transgenderism a fundamental human right? Hong Kong public disagrees, survey finds

    A 2024 survey from the Society for Truth and Light (明光社)'s Center for Life and Ethics Research reveals that respondents from various backgrounds prioritize personal safety and fairness when it comes to transgender issues. When laws involve moral judgments, most respondents believe courts should not make the decisions. The study also indicates that religious believers share similar views with non-religious respondents, reflecting that many churches may rarely address gender topics in depth.

  • Discipleship and Evangelism: Walking the Path of the Great Commission

    Like an ever-flowing spring, the gospel refreshes dry, parched lands and needs our unwavering passion and steadfast faith to transform lives and bring renewal. The "flame in our hearts" calls Christians to keep their faith and love for the Lord ablaze, representing the work and power of the Holy Spirit, driving us to proclaim God's glory boldly.

  • North America Chinese Evangelical Seminary year-end report highlights significant ministry progress

    As the year draws to a close, Rev. James Liu, President of the Chinese Evangelical Seminary North America (CESNA), reflected on the seminary’s remarkable growth and ministry development over the past year. Dedicated to providing theological education to Chinese Christians, CESNA continues to uphold its mission to remain faithful to the gospel and nurture believers. This year’s achievements span academic, ministerial, and outreach endeavors, fostering spiritual growth and advancing missionary wo