Student Loses Lawsuit in Fight Over Wearing RFID Chip

January 9, 2013
57 Views
Andrea Hernandez, seen protesting, lost her lawsuit against school district.  She must either wear ID tag or change schools.

Andrea Hernandez, seen protesting, lost her lawsuit against school district. She must either wear ID tag or change schools.

In September, TeenJury reported on the use of RFID chips to track students at a San Antonio high school.  The school had mandated that these devices be worn by all students to reduce truancy.  Some students thought it was an invasion of privacy.  One student, Andrea Hernandez, refused to wear the tracking tag and was notified by John Jay High School that she would be suspended.  Her refusal was largely based on religious grounds.  The student claimed that the chip was the ‘mark of the beast,” and signifies satan.  The school removed the chip from her ID tag, but still insisted that she wear the identification at all times.  She still refused and brought suit.  Yesterday, U.S. District Court Judge Orlando Garcia ruled in the school’s favor, stating, “The accommodation offered by the district is not only reasonable, it removes the plaintiff’s religious objection from legal scrutiny all together.”  The student’s father, Steven, still objects to his daughter wearing the identification tag because, “we must obey the word of God.”  The family has been assisted in their legal battle by the Rutherford Institute, who stated that they will immediately appeal to the U.S. Court of Appeals.  They commented that the district court should not be the final decider of what is secular and what is religious.  The judge gave the student until January 18 to either wear the ID tag or transfer to another school.  TeenJury will keep you updated on this interesting case.

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