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KHOU
India Landry was forced to find a new school after her deportation
The State of Texas supports a school that expelled a black student after refusing to represent the flag during the promise of American allegiance.
Texas Attorney General Ken Paxton intervened Tuesday to defend the Houston area school district in his trial with student India Landry.
Landry, 18, filed a lawsuit after being expelled last year from Windfern High School.
The case comes in a context of political tensions over respect for the American flag.
"Schoolchildren can not unilaterally refuse to participate in the promise," said Paxton – the top police chief – in a press release.
"The US Supreme Court has repeatedly held that parents have a fundamental interest in guiding the education and upbringing of their children, which is a critical aspect of constitutional freedom" .
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The girl's lawsuit against Cypress Fairbanks' independent school district revealed that her right to freedom of expression and due process was violated during her deportation on October 2, 2017.
His lawyer stated that it was rare for the Attorney General to intervene in a civil rights case.
"The reason he's challenged this case is that it's time for the elections," said lawyer Randall Kallinen at the Houston Chronicle.
Last year, Ms. Landry told the press that her opposition to the pledge was political and that she was inspired by NFL players kneeling for the national anthem American.
She said that a school official had told her, "This is not the NFL."
In the days that followed, she sued, stating that the advertising of the African-American National League football players was kneeling for the national anthem.
"I do not think the flag is for what he says for freedom, justice and all that," she told KHOU-TV at the time. "This is obviously not happening in America today."
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The lawsuit also accuses the principal, deputy director, secretary and two teachers of treating her unfairly because she is black.
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Mr. Paxton has filed a lawsuit that refers to a Texas law that allows parents to submit a letter stating that their child will not show up for the pledge.
But he says that the position is not optional for students who do not have parental permission.
"To demand that the promise be recited at the beginning of each school day has the commendable result of promoting respect for our flag and a patriotic love for our country," said Paxton in the legal file.
"This case concerns the declaration of the oath of allegiance while respecting the parental right to direct the education of children.
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A 1943 Supreme Court case ruled that students can not be required to stand for election.
But several states have laws requiring parental permission for a student to boycott the pledge.
The girl's lawyer said that he would be ready to plead the case in the Supreme Court.
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