January 10, 2013

SAN ANTONIO, Texas — Attorneys for The Rutherford Institute have filed a notice of appeal to the Fifth Circuit Court of Appeals on behalf of a 15-year-old Texas public school student who was essentially expelled over her refusal to wear a chipless RFID tracking badge based on her sincere religious beliefs that it represents the “mark of the Beast.”

The Rutherford Institute’s appeal asks that Andrea Hernandez be permitted to continue attending the science and engineering magnet school housed in John Jay High School until the case is decided. The appeal comes in response to a January 8 ruling by U.S. District Judge Orlando L. Garcia for the Western District of Texas in San Antonio denying Hernandez’s request for a preliminary injunction on the grounds that the sophomore’s refusal to wear the chipless RFID tracking badge is “not grounded in her religious beliefs” and is a “secular choice rather than a religious concern.” The badges, part of John Jay High School’s “Student Locator Project,” include tiny Radio Frequency Identification (“RFID”) chips that produce a radio signal, enabling school officials to track students’ location on school property.

In coming to Andrea’s defense, Rutherford attorneys have alleged that the school’s attempts to penalize, discriminate and retaliate against Andrea violate her rights under Texas’ Religious Freedom Act and the First and Fourteenth Amendments to the U.S. Constitution.

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SAN ANTONIO — A judge has ruled in favor of the Northside Independent School District in a lawsuit filed over student smart badges.

Andrea Hernandez’s parents filed a lawsuit against the district claiming a requirement that she wear a radio frequency ID badge violates her religious freedom. Northside ISD allowed Hernandez to return to school Monday without the RFID-equipped badge while waiting for the court’s decision.

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January 08, 2013

SAN ANTONIO, Texas — Declaring that a Texas student’s refusal to wear a chipless RFID tracking badge is “not grounded in her religious beliefs” and is a “secular choice rather than a religious concern,” U.S. District Judge Orlando L. Garcia for the Western District of Texas in San Antonio has denied The Rutherford Institute’s request for a preliminary injunction preventing school officials from expelling Andrea Hernandez until the case is decided.

According to the judge’s order, Hernandez, a sophomore in a science and engineering magnet school housed in John Jay High School, has until the end of the current semester to provide written notice to Northside Independent School District officials as to whether she will accept the school’s accommodation of wearing the Smart ID badge without a chip, which Andrea, a Christian, objects to on the grounds that it represents the “mark of the Beast.” The badges, part of the school’s “Student Locator Project,” include tiny Radio Frequency Identification (“RFID”) chips that produce a radio signal, enabling school officials to track students’ location on school property.

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Andrea’s story was recently featured on Fox News.

Watch video here.

November 27, 2012  

SAN ANTONIO, Texas — In a move aimed at sidestepping a potentially unfavorable state court hearing in the case of a high school student kicked out of a magnet school for objecting to a school-mandated RFID tracking badge, Texas officials have filed a motion to have the case removed from state court to federal court. Attorneys for the Rutherford Institute were scheduled to appear before the Bexar County District Court on November 28, 2012 at 9AM CST in favor of a preliminary injunction against John Jay High School to stop them from essentially expelling Andrea Hernandez for her refusal to wear a name badge signifying participation in the school district’s new “Student Locator Project.” The badges include tiny Radio Frequency Identification (“RFID”) chips that produce a radio signal, enabling school officials to track students’ precise location on school property. For sophomore Andrea Hernandez, the badges pose a significant religious freedom concern in addition to the obvious privacy issues. Last week, District Court Judge Solomon Casseb granted The Rutherford Institute’s request for a temporary restraining order in the case, ordering school officials to allow Andrea to return to school on Monday, Nov. 26. In coming to Andrea’s defense, Rutherford attorneys have alleged that the school’s actions violate Andrea’s rights under Texas’ Religious Freedom Act and the First and Fourteenth Amendments to the United States Constitution.

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