Church leads student by the nose
Posted: Tue Jun 07, 2011 11:40 pm
A high school student has won the right to wear a nose stud in class after claiming she was a member of a religious group that practices body modification.
Ariana Iacono, 15, was suspended four times this school year from Clayton High School, North Carolina, for violating the dress code by refusing to remove her small nose stud.
The ninth grade student claimed the nose stud was an essential part of her faith in the Church of Body Modification. The American Civil Liberties Union (ACLU) filed a lawsuit against the school system on her behalf and a federal judge issued a temporary restraining order in October demanding that the school lifted her suspension and allowed her to wear the jewellery.
Officials with the Johnston County Schools said they would drop their appeal of the order, and would settle it out of court 'rather than pursue a lengthy process of hearings, depositions and likely appeals'.WHAT IS THE CHURCH OF BODY MODIFICATION?The little-known group encourages piercings and tattoos as a path to spiritual enlightenment.
The Church’s mission is to educate, inspire, and to help lead members along a path of spiritual body modification.
Members aim to practice body modification rituals with purpose, to unify mind, body, and soul, and to connect with a higher power.
'Body modification' means anything that involves a significant modification to the body, including piercing, tattoos, scarification, reconstructive and cosmetic surgery and other ways in which the physical biological development of the body can be controlled and subverted.
The Church says it is genuine and not merely a loophole to keep people from being fired from their jobs.
If a person attempts to join the Church as a way of gaining legal protection, they will not be accepted.
As part of the legal agreement, Johnston schools will pay $15,000 in court costs and fees for the ACLU. The school system will also wipe clean Ariana's discipline record, and the she will be able to retake an honours science course that she could not complete because of the days she missed under suspension. Although the school dress code forbids facial piercings they must now tweak their policy to make exceptions for students who have 'sincerely held' religious beliefs.
Superintendent Ed Croom said he supported the decision to settle out of court. He told WRAL.com: 'I am confident that the board has reached a resolution that is in the best interest of our students.
'Engaging in a lengthy and costly lawsuit would have directed much needed funding away from our classrooms.'
Katy Parker, an attorney for the ACLU, said she was pleased with the agreement, as are Ariana and her mother, Nikki Iacono, who is also a member of the religious group. She said: 'We are very happy, not just for Ariana, but also because the policy is changed and protects the religious rights of students and their parents in Johnston County Schools. 'Ariana fought for her constitutional rights and those of her fellow students. She has a lot to be proud of, and her mom does too.' The Iaconos and their Raleigh-based minister, Richard Ivey, said part of the problem was that school officials dismissed the Church of Body Modification faith as not a real religion.
Mr Ivey said: 'Obviously we'd like them to apologise, but we've been tied up in court with this for months now, so quite honestly, we'll take what we can get. 'This was always about Ariana's right to go to school and practice her religion, and she's got both those things now.'
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