AMERICAN CIVIL LIBERTIES UNION (ACLU) OF HAWAI'I

PRESS RELEASE

For Immediate Release July 16, 2002
For Information, Contact Brent White, Legal Director
Phone: 808/522-5907

ACLU FILES FIRST AMENDMENT LAWSUIT ON BEHALF OF STUDENT OVER RELIGIOUS STUDENT CODE

The American Civil Liberties Union of Hawai'i (ACLU) filed a lawsuit today in federal district court on behalf of public school student James Ornellas challenging the constitutionality of McKinley High School's code of honor requiring "love for God." Ornellas is supported in his lawsuit by a number of local clergy who believe that the code inappropriately entangles public schools with religion.

McKinley's "Code of Honor" reads in part: "As a student of McKinley, I stand For…Love of God and all Mankind." The lawsuit contends that the inclusion of "Love For God" in the school Code of Honor conveys the message that in order to be "honorable" a student must love "God." The suit argues that this is improper because it excludes students who belong to minority religious faiths and students who are non-religious.

"I am not sure if God exist or not, but I don't think it is right for the school to tell me, or any other student, that I should love God. To me it is the same as the school telling me to love Buddha or Allah," said Mr. Ornellas. "I think the honor code violates student's freedom to form their own religious beliefs without being told by the school what they should believe."

While the Code of Honor was originally composed by a student in 1927, it was, until recently, not displayed prominently at McKinley High School. However, several years ago a staff person rediscovered a plaque engraved with the Code of Honor and the plaque was placed by school officials in the school's Hall of Honor at the main entrance to the school. The Code of Honor was subsequently printed on posters, placed in the school handbook, and displayed in classrooms. In addition, the Code of Honor is now frequently recited aloud at graduation ceremonies and student assemblies.

"The McKinley Code of Honor implies that anyone who does not worship God is somehow dishonorable," said Brent White, Legal Director of the ACLU of Hawaii (ACLU) and attorney for Mr. Ornellas. "The Honor Code makes non-religious students and students who belong to minority faiths without a monotheistic God feel like outsiders in their own community. We would like to see the honor code revised to be inclusive of all students."

The lawsuit follows efforts by the ACLU of Hawaii and Hawaii Citizens for Separation of State and Church ("HCSSC") to convince school officials to voluntary remove the "Love of God" language from the Code of Honor. However, Superintendent Patricia Hamamoto indicated by letter this past January 18 that McKinley would not remove the Code of Honor from school materials and property or the "Love of God" language from the Code of Honor. Subsequent efforts, including a public forum at McKinley High School, were unsuccessful in convincing school officials to voluntarily replace the "Love of God" portion of the Code of Honor with more inclusive language.

The lawsuit seeks an order from the court directing school officials to remove the McKinley Code of Honor from all school property and materials, or to remove the "Love of God" portion of the Code of Honor.

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