NEW ORLEANS – The parents of four former elementary school students lost an appeal against the Plano Independent School District in the U.S. Court of Appeals for the Fifth Circuit.

The case began when parents, Doug and Robin Morgin, Jim and Sunny Shell, Sherrie Versher and Christine Wade, brought into question the rights of their children to exercise religious expression when one was denied the ability to hand out religious material at school.

The plaintiffs attempted to sue under the Texas Religious Freedom Restoration Act.

After six years of litigation, the court decided that the plaintiffs could not sue under TRFRA due to the plaintiffs’ failure to give proper notice prior to filing suit.

The plaintiffs fought the district court’s decision which was reversed. However, the court also dismissed the Plaintiffs’ TRFRA claim for lack of jurisdiction.

The case was over seen by Judge Robert Bruce King, W. Eugene Davis and Jennifer Elrod.

Case no. 12-40493.

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