A.A., by and through his parents and legal guardians, Michelle BETENBAUGH and Kenney Arocha; Michelle Betenbaugh, individually; Kenney Arocha, individually, Plaintiffs-Appellees,
v.
NEEDVILLE INDEPENDENT SCHOOL DISTRICT, Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 9, 2010.
July 9, 2010.
Attorney(s) appearing for the Case
Lisa S. Graybill, Amer. Civil Liberties Union, Austin, TX, Daniel Mach, Amer. Civil Liberties Union, Program on Freedom of Religion & Belief, Washington, DC, Sinead Mary O'Carroll, Paul W. Schlaud, Reeves & Brightwell, L.L.P., Austin, TX, for Plaintiffs-Appellees.
Roger D. Hepworth (argued), Kristen Zingaro Foster, Henslee Schwartz, L.L.P., Austin, TX, Jeffrey Lee Hoffman, Henslee Schwartz, L.L.P., Houston, TX, for Defendant-Appellant.
David M. Feldman, Jacqueline L. Lundy, Rogers, Morris & Grover, L.L.P., Houston, TX, for Texas Ass'n of School Boards Legal Assistance Fund, Amicus Curiae.
Matthew L. Fletcher, East Lansing, MI, for Cross, Lomawaima, Amici Curiae.
David Allen Furlow, Thompson & Knight, L.L.P., Houston, TX, for Nansemond Indian Tribal Ass'n of Va, Amicus Curiae.
Patricia Andrea Ferguson-Bohnee, Tempe, AZ, for Lipan apache Tribe of Texas, Amicus Curiae.
Asim M. Bhansali, Keker & Van Nest, L.L.P., San Fransisco, CA, for Amer. Jewish Committee, Hindu Amer. Foundation, Interfaith Alliance, Sikh Coalition, United Sikhs, Amici Curiae.
David Morris Gossett, Julia Maria Glover, Mayer Brown, L.L.P., Richard Brian Katskee, Ayesha Khan, Americans United for Separation of Church & State, Washington, DC, for Americans United for Separation of Church and State, Anti-Defamation League, Amici Curiae.
Before JOLLY, HIGGINBOTHAM, and WIENER, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PATRICK E. HIGGINBOTHAM, Circuit Judge:
A Native American boy and his parents challenge a school district's requirement that he wear his long hair in a bun on top of his head or in a braid tucked into his shirt. We agree with the district court that the requirement offends a sincere religious belief and hold it invalid under Texas law.
I
When this dispute began, A.A. was a five-year-old prospective kindergartner whose parents were planning to move...
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