Posted on: Wednesday, July 17, 2002

Lawsuit targets code at McKinley

By David Waite
Advertiser Courts Writer

The American Civil Liberties Union yesterday filed a federal lawsuit on behalf of a McKinley High School student who objects to a line in the school honor code that refers to "Love for God."

The lawsuit, filed against state schools Superintendent Patricia Hamamoto and McKinley High Principal Milton Shishido on behalf of James Ornellas, said the reference violates portions of the U.S and Hawaii constitutions that mandate separation of church and state.

The suit contends that the inclusion of "Love for God" in the honor code "conveys the unequivocal message that the school and its officials endorse religion, and specifically endorse the monotheistic concept of the Christian or Jewish 'God.' "

The lawsuit seeks an order from the court directing school officials to remove the McKinley Code of Honor from all school property and materials, or to remove the "Love for God" portion from the code.

Greg Knudsen, a spokesman for the state Department of Education, said an opinion issued by the state attorney general's office earlier this year found that the line in question "did not promote the advancement of religion unconstitutionally."

"They said they are prepared to defend the code. We would expect the AG's office on our behalf to present legal arguments in support of the code," Knudsen said.

The suit follows a forum at McKinley High in April on whether the school should remove "Love for God" from the code. An audience of about 100 was divided among students endorsing the code, civil libertarians and the Christian right.

ACLU Legal Director Brent White yesterday said the lawsuit was filed after the ACLU and Hawaii Citizens for Separation of State and Church failed to persuade school officials to voluntarily remove the language.

Ornellas, 15, a sophomore-to-be at the school, yesterday said he doesn't go to church and considers himself an agnostic. He said his mother, who supports his legal challenge, used to go to church and that the rest of his family attends now and then.

" 'Love of God' tells me to love the Christian-based God, and I have no real religious point of view, other than I'm not sure if God exists or not," he said.

Ornellas said he doesn't think the school should tell him or other students that they "should love God."

"To me it is the same as the school telling me to love Buddha or Allah," Ornellas said. "I think the honor code violates students' freedom to form their own religious beliefs without being told by the school what they should believe."

White said the code was composed by a student in 1927. Until recently, it was not displayed prominently at McKinley High.

But several years ago a member of the school staff discovered a plaque engraved with the code. The plaque was placed by school officials in the school's Hall of Honor at the main entrance. The code then began showing up on posters, was placed in the school handbook and is displayed in classrooms, White said.

The code is also frequently recited aloud at graduation ceremonies and student assemblies, he said.

Staff writer Mary Kaye Ritz contributed to this report.