posted on Jan, 9 2013 @ 02:33 PM
As a a matter of law, I cannot speak authoritatively, since I am no lawyer.
However, this case is unfolding as it is (it apparently will be appealed) because of the strictest sense of the wording of the complaint.
The group that is backing this challenge and the parents of the young lady specifically identify the presence of RFID chips as the justification for
considering it 'against their religion.'
Once the school system agreed to allow her to have a badge without an RFID chip in it the court ruled this was a reasonable accommodation. Only after
that accommodation, the parents retorted that the entire badge was the problem (I wonder if it is because of the bar-code each badge features?)
That is - legally speaking - another case entirely.
Of course the complainants correctly assert that the courts cannot determine what is or is not a valid religious complaint... and they will base their
appeal on that. But unless they amend their complaint to expand the 'issue' to include the identification badge as a whole (and not just the RFID
chip) they will lose on legal grounds.
As usual in these cases - the fault lies with the attorney's filing, not the disagreement between the school and the student per se.
9-1-2013 by Maxmars because: (no reason given)