Union schools hit with religion-related lawsuit
Action claims student was beaten, harassed for being different

By JENNIFER LAWSON, lawson@knews.com
February 14, 2003

India Tracy came to expect being sent to the principal's office even though she was a well-behaved, straight-A student.

But the Union County youngster knew she'd probably be the only student with "no" written on the permission slip to attend a tent revival during school hours. When she declined to portray Mary in a Christmas play, she also was sent to the principal's office.

India and her parents, Greg and Sarajane Tracy, allege other students taunted her, beat her and ridiculed her religion for years. Fed up with the treatment, her parents filed a federal lawsuit on her behalf Thursday.

The lawsuit claims the Union County school system violated India's civil rights by promoting and endorsing religious activities, denied her right to freely exercise her religion and failed to protect her from harassment and physical and verbal abuse.

The first time the Tracys declined to allow their daughter to attend the two-hour, fundamental Christian services held over three days was in 1999, when she was in the fourth grade. The family had bought 11 acres in Union County because they thought the area was beautiful.

"The principal had called me to the office because mine was the only slip that said no," said India, now 14. "He asked me why I didn't want to go. He asked my religion. I told him I didn't want to talk about it and for him to call my parents."

Sarajane Tracy told the principal that she also did not want to discuss religion because she didn't think it belonged in school, she said. The family could be anything - Buddhist, Jewish or Islamic - and it shouldn't matter, she said. The family follows the ancient religious tradition of Paganism, which embraces kinship with nature, positive morality and acknowledges both the female and male side of Deity, according to the Pagan Federation.

India was the only student left in her class during the Area Wide Crusade in April 1999, so her classmates knew she hadn't gone. The crusade was begun in 1998 by a Union County Baptist pastor and is planned for this April as well.

While declining to comment on the lawsuit, school system Director James Pratt said the ministry rents school buses for transporting the students and some teachers act as chaperones but they must use a personal day to do so.

He referred other questions to Nashville attorney Charles Cagle. Cagle declined comment because he had not seen a copy of the lawsuit Thursday afternoon.

The name-calling and rumor spreading began soon after the 1999 revival, India and her parents said.

Between 1999 and February 2002 when her parents removed her from Horace Maynard Middle School, the lawsuit alleges:

n That India was repeatedly called "Satan worshipper," "witch" and other derogatory names. She was accused of eating babies and of being a lesbian because she wasn't a Christian, the lawsuit said.

n That India was forced to attend regular Bible study classes during the school day, and urged to lead the school and her class in prayer.

n That derogatory names were written on her locker in permanent ink and the school refused to paint over the graffiti or move her locker.

n That India was repeatedly attacked as she knelt in front of her bottom-row locker. Her head was bashed at least 10 times, cutting her lip, above her eyes and bloodying her nose.

n That a teacher told India to "keep quiet because you'll get in trouble" after she wrote a paper about religious freedom.

n That a bus driver regularly asked India in front of other students if she had gone to church yet and if she'd like to come to church.

The Tracys' Knoxville attorney, Margaret Held, said the family did not want to sue. They just wanted their daughter to attend a safe school without persecution.

"They tried being quiet about it and that didn't work," she said. "I would hope that the people in Union County who have been killing their goats and beating up their kid are a minority. If there's one thing that Christ taught, it was tolerance."

During her years at Sharps Chapel Elementary School and later at the middle school, India maintained top-notch grades. She also was one of the few girl players on the football team, played in the band and belonged to the Beta Club and Chess Club.

Her parents pulled her out of public school nearly a year ago, after a friend of hers called to say she'd been suggesting suicide. She was diagnosed with anxiety and has been home-schooled since then.

The suit seeks $300,000 in damages to pay India's tuition to a private school, legal fees and the cost of psychological counseling. The suit also seeks a court prohibition against "the school system's continued religious indoctrination of children."

"Maybe it will be a harsh enough lesson so the next child in Union County who's different can continue through school and graduate and feel safe," Sarajane Tracy said.









please post your opinions! i personally thought this to be terrible and a violation against 1st amendment rights.

that's insane, but i'm not suprised, especially if it's a strong, organized religion...it's sorrowful that the girl had to suffer, and her education challenged because of her beliefs...but it's stories like this that amaze me when people are so shocked that children find the only recourse to deal with these reactions is with a shotgun and hate....fortunately her parents were quick enough to step in...and she had the sensibilities to not take a more violent, permanent route. An even more sad is the fact is that it was adults who apparantly condoned this.

i thought the supreme court already ruled that in school prayer was not legal to force upon students.

I think that its not mandatory only for public school kids..

Why was she being sent to such a christian school?

It was probably the only one near by, or what they thought was the best one.

Why don't they home school her?

They shouldn't have to home school her, she should have the right to practice any religion she wishes.

In my personal experience, kids are curious about other religions rather than fearful of them, they are inquisitive about anything different so what is the deciding factor here?
Is it the strictly enforced organised religion?
Is it society in that particular area?
Or could it just be the popular conception of paganisim.

Sorry, just thinking out loud

well, it was a county school, so that suggests it was public, public schools funded by the government have to honor the ammendments(can't think of the name right now)...they did start to homeschool her, and there are still a lot of communities that are very religious based...Especially if it's one of those towns with a diner, two churches and something out of a rockwell painting...even here in my town i see it, and we are a relativitly large, open town...but even i get looks and glares from people with those silly fish stickers on their truck when looking at my bumperstickers...so it's still a prevalant in our society...however it is gaining a wider acceptance.

I like in a great big town and most people here would call themselves 'atheists' but I am still called satan worshipper, the damned etc..
people are scared of the unknown

i know how you feel. people that live in my area many of them anyway) have all these preconceived notions about wicca, or paganism in general. basically anything that they don't understand is satanic or something.

That is very sad.
I live in CA. I used to live in TN and I am moving back in a few months and will be going to highschool (12th grade). I already know how it is down there, pretty much everyone is Christian of some sort and they really don't have much religious tolerance. It's really bad.
People there are taught from when they are young the "Christian Ways" and many times people dont have a choice of religion. They are told that Christianity is the only "right religion"...which is utterly absurd.
There is still racist there too. I remember the white kids saying they couldnt play with the black kids cos their parents said so. And visa versa. It was sad. But I played with everyone. I got away with it cos I am mixed. And I brought a few people together...like in 3rd grade. I showed some kids that everyone different and its ok to be different. I hope that over the years my great friends spread that word because one person can really make a difference!

Here in CA there is much more tolerance. Trust me. I've lived in both places. I would love for the South to atleast reach our level of (religious) tolerance, but ofcourse, complete tolerance is what I'm hoping for...someday.

the south doesn't seem to be open too much...

its a shame that even though the U.S. has a constitution and all, you're not even safe from religious intolerance in your own community. i get glares all the time when people see me wearing a pentagram, especially around the holidays. its almost as if its okay from THEM to express their religious values but its terrible if someone else like me does. it really angers me when i see this and i know that i'm helpless in the matter and that there's nothing that i can do about it even though i wish there was.

there is too much ignorance in the world for there ever to be complete tolerance. and even if there wasnt ignorance there are idiots. lol.... i feel for that girl... my screen name came from similar things i was called satans whore, evil, witch, goth etc. and none of which i am.
and LOL have you taken a good look at the government and the system and the people who run it silver? rights laws etc are hardly ever followed and most peopel just lay back and let i happen. i know i do. i wouldnt scream about it too much because it falls on deaf ears.

i too have been scorned in such a manner. when i was in school i was harrased by my teachers constantly for the way i dressed. they were even going to fail me because my garb was "unprofessional." i did not change. they were going to make me turn a shirt inside out that read "god's busy can i help you" and i told them to get all the WWJD shit out of my place learning because their christianity was distracting me. they then tried to make bereavement (my uncle died and i stayed home one day) an unexused absence so that i would have too many and would be expelled. i was never expelled, but i did right an essay on discrimination of dress in schools. i found many cases where kids fought and won, so i continued. when i was told i was unprofessional, i opted the theatre kids (we had majors at my school) to dress up as goth professionals for spirit day. i only told a couple of people, but the day of, everyone at school came in black, makeup, and business suits. my teacher pulled me aside and said "(insert name here) i know you're responsible for this. i don't know how, but i'm going to find out and we'll see what can be done about it." i laughed, it was the first time i enjoyed spirit day.

oh and i forgot, when my mother found out i was practicing, she made me burn everything i owned. no literally, my entire room, burn to ashes. well at least everything that was in it. she did buy me all new stuff, but took away some things that were unreplaceable...like pages from my book of shadows. it was hard, but helped me become the witch i am today.

i like when schools rebel in clever ways like that...we had a satanist scare one year in high school...anyone that wore black, was not populare or had any heavymetal symbolism was pulled into the office, the next day the entire school showed up wearing all black...they stopped it after that day...there wasn't much of an issue after that fact...it quickly blew over, funny enough being one of the ones who was into witchcraft i was not pulled in to the office...sometimes it's nice being teachers" pets...(even if it's the english and art departments)

wow, that's awful. i oftentimes wish that more people would step forward about religious persecution. you shouldn't be harassed about it no matter what your religion. though i think the "To Be Silent" rule does work pretty well in close-minded areas...especially in the south.

ah yes, continue the masquerade. sorry silverflame, but i stay silent for no man. i mean i'm not looking for trouble or anything, but if the question arises, i can't lie...or hide myself in any way. Maybe that's why i get into so much trouble here in southern bumpkin nastyness.

-Hex