Hilsenrath v. Chatham School District Quick, fill in the blanks below. There is no God but _______ and _________ is his messenger. At a loss? Here is some Q&A guidance: “Who Is Allah?” Answer: “Allah is the one God who created the heavens and the earth, who has no equal and is all powerful.” And this: “Who is Muhammad?” Answer: “Muhammad (Peace be upon him) is the last & final Messenger of God. God gave him the Noble Quran.” The above comes from a lesson plan from a class in Chatham Middle School in New Jersey. This and other material prompted a lawsuit by Libby Hilsenrath on behalf of her minor son when he was exposed to these questions and prompts in a seventh-grade World Cultures and Geography class. In addition, Hilsenrath’s son was exposed to videos alternating between quotations from the Quran and a series of questions and answers about Islam. The course included an animated cartoon explaining the “Five Pillars of Islam.” Hilsenrath sued, claiming that her son’s right to free expression of religion under the First Amendment were violated by this outright proselytizing of Islam. The teachings amounted to a government establishment of religion. A federal district court disagreed. Now the U.S. Court of Appeals for the Third Circuit has just upheld the ruling of the lower court. Protect The 1st agrees with the Third Circuit’s opinion. The reasons why are critical to making the distinction between government establishment of a religion and teaching about a religion. The Chatham Middle School’s World Cultures and Geography class included units focused on six different regions of the world. Students not only studied the history of these regions, but also their religion(s). As we’ve long noted, schools cannot properly teach American history without examining the motivations and beliefs of Christians, from the Puritans to the Great Awakening, the abolitionists and the civil rights movement. Similarly, in class Chatham students were taught about the basic tenets of Christianity and its missionary impulse when studying Latin America, about Hinduism and Buddhism in Asia, and about Islam when studying the Middle East. The curriculum referred to “what Muslims believe” instead of what students should believe. It was a respectful deep dive into Islam that will help any of the non-Muslim students in the class who might later travel to a Muslim country to understand the beliefs and sensibilities of their hosts. In recent decisions, the U.S. Supreme Court has looked back to history as a guide to what an actual establishment of religion – forbidden by the First Amendment – would look like. It would include government control over the doctrine and personnel of a religion. It might mandate attendance at worship and sanction those who did not. It might punish dissenters and restrict their political participation. It might provide support for the favored religion and give it a monopoly over certain civic functions. The lesson plan of Chatham Middle School did not include any of these hallmarks of a religious establishment. Just as it is wrong to use the Establishment Clause of the First Amendment to shut down the teaching of the role of churches in American history, it also should not be used to keep children ignorant about the role of world religions. There is literally no way to understand modern Saudi Arabia, Egypt, Turkey, or Indonesia without reference to their Islamic heritage. In many secular contexts, there is a growing impulse – one could call it theophobia – regarding any reference to religion, or inclusion of religious schools or organizations in public programs or venues, as an automatic constitutional violation. But this is not the law. The Establishment Clause means what it says, but it does not require religion to be handled as if it were radioactive. Parents do have a role in imparting religious beliefs. “The United States of America is not Sparta,” the Third Circuit declared, “where children were considered wards of the state. Parents are the first and foremost teachers of their children.” When a school board elected by parents decides to teach children about the world and its many beliefs, however, that is also the First Amendment in action. Comments are closed.
|
Archives
May 2025
Categories
All
|
ABOUT |
ISSUES |
TAKE ACTION |