IHateDaManSkirt said:
Jinx_Dragon said:
Children have no rights, they are not considered 'people' under the law till they are able to legally sign their own name. Sure, they have some protections but protections are not rights... even animals have protection under the law.
Really? 1:Where does it say that? and 2:I still have other back-ups for saying whatever I want. The "Religion" part of the first amendment works quite nicely when I say I'm a Yoist(I'm not, though.); it's as funny as you think when a teacher realizes they just got "pwned" by a 10 year-old student(The age I was when I last used this method)
As I have posted elsewhere in this very thread: There is a group of judges called the supreme court and the primary job of these judges is constitutional law. While no where in the constitution does it state that children have no rights, and you or I might read it as saying they do have rights, it is the rulings of these judges which matter. Time and time again they have sided with the government, in particular schools, when it has come to issues like this one. This means children do not have a recognised right to free expression of speech because the courts won't uphold any case where a child is trying to sue the school for breaching said right.
The general mindset of the courts is, until you reach a certain measure stick age, you don't have the ability to make rational decisions. This is why minors can not sign legally binding contracts and are hold to a lower standard of responsibility in a court of law. It takes a great deal of paperwork, expense and time to get recognition as a separate legal entity by a court of law. Even then there usually has to be circumstances that make it dangerous for your parents to take legal responsibility of you, such as abuse, on top of proof that you can make rational legal decisions yourself.
Till this mentality and derived rulings change... well the government has the ability to tell you how you can and can not appear on public grounds and your parents just out right own you.
Now cutting long hair in violation of religion?
Religious cases do have a higher chance of being heard. Normally they don't get as high as the SC though, as lower courts rule in favour of the child before then. Yet if you read the briefs there is something interesting in them, the mention of the child's parents! This is because the parents right to bring their child up in a certain religion actually what is argued in these cases, more so then the child right directly. Indeed in the brief I am looking at now, A.A. v. Needville Independent School District (Texas again, go figure), the rights of the parents are mentioned before the rights of the child. They are so entwined in the cases I have looked at it is clear to me that the only way to win these cases is if your parents are claiming their rights have been violated right along side of your own.
Still, it is a good use of a laymen legal interpenetration to just tell the school your religious rights are being violated and you will sue if they don't cease. Very few schools want the bad press that comes with such accusations, even if you don't file a suit, and will settle long before it gets to a court. The few that don't, well as long as your folk say they want you to have long hair for religious reasons then the appeals court will side with you.
But hell, the appeals court is far more progressive then most court branches, including the SC, so your better off with them looking into your case to begin with. With how stacked towards pro-authoritarians the SC has become you are far better off having a lower court rule on your cases anyway. Hell even the 'pure constitutionalists,' non-progressives that at least based their rulings on the words within said constitution, have become political hacks willing to give the government more power over the people. Of course if the right party is in power at the time....