It’s time to play… Spot that holiday violation 2008!
December 17, 2008
62 Comments
Christmas 2008 is right around the corner and that means it’s time to play…
SPOT THAT HOLIDAY VIOLATION!
Here are the rules:
- Only American public schools are eligible. [sorry, international readers]
- Identify a possible violation of the Establishment Clause of the United States Constitution in your local school system. The Establishment Clause requires that schools not favor a) one religion (e.g., Christianity) over another religion, or b) religion over no religion. Government-sponsored religious displays or activities are pretty much always unconstitutional.
- Leave your description of the possible violation in the comments section of this post. If you’re not sure if it’s a violation or not, leave it anyway and we’ll chime in as needed. Possible violations may include teacher- or school-sponsored activities, displays, or other actions.
- The most egregious violation [as judged by myself, Justin Bathon (at CASTLE’s brother blog, EdJurist), and Jon Becker (of Educational Insanity)] wins a yet-to-be-determined prize!
- Deadline for entries is December 23, 2008.
Good luck!
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Is Christmas really a religious holiday anymore? It seems to have become more secular as cities and state capitals decorate for the season.
At the risk of being drawn and quartered for crimes committed against the Establishment (hehe), I’ve asked a question that requires a simple YES/NO answer.
how about it folks?
http://www.mguhlin.org/2008/12/happy-holidays-scratch-that.html
@ Jon
I would agree with you when you say:
So, Marshall, the Est. Clause is not there to “prevent any one group from expressing happiness and cheer in a respectful manner.” It’s there to prevent government actors from making proclamations that endorse a particular religion.
Much like the helmet laws in several states were not created to “deprive a motorcycle rider of enjoyment of the full riding experience.” It’s there to minimize the injuries that government officials believe can be prevented with this particular equipment.
In both situations I disagree with the effectiveness of the solution, but more importantly both have another similarity in that the intent of both above is noted in each sentence II, but the reality that has developed is noted clearly in sentence I.
@ Scott
Related to the “inclusiveness concern” and making sure that “ALL kids” feel welcomed, does this extend beyond those that actually attend our school? In other words, should I be sure to include a comfort level for Wiccan ceremonies and Jewish customs (or Christian or Pagan practices) if we don’t have students that believe this? How do we know whether they are in our buildings or not and what all (or any) of the symbolism may mean? Does that include established and/or developing gangs that use symbolism frequently to express their belief of cohesiveness and loyalty? Do we need to make sure that these students are made to feel comfortable, even if they don’t exist or we don’t know about them? Are we “safe” in our community until someone objects to a display, and then we need to look at whether it is religious, promoted, and/or offensive? Like my usual, many questions and opinions, not many answers and solutions.
I think any of these topics can be addressed and taught (as noted several times in this post) if the teaching is for learning and educating, not conversion – no problem there.
We consistently welcome our foreign exchange students that often bring non-Christian beliefs and religions to our school, and we encourage them to share them with us as a school. It is a great opportunity to learn from others, but it may also indicate that the administration and/or teachers are promoting that religion by focusing on that uniqueness.
I don’t’ have all the legalese that many of you possess, but as a practitioner, it is my desire to understand what I am to do to best serve my students, ALL of them.
And again I say, “Happy Bloggindervin!”
@Marshall: You ask, “Do we need to make sure that these students are made to feel comfortable, even if … we don’t know about them?”
In Santa Fe v. Doe, the Supreme Court said that a school district in Texas could not allow pre-game prayer to occur over the football stadium PA system. If I remember correctly, the lawsuit was brought by three students who were Catholic, Mormon, and atheist. The prayer was long-standing practice in a heavily Southern Baptist community. I think the three families just finally had enough and sued. I guess my short answer to your question is that you never know what beliefs are in your community so you should be pretty wary about making assumptions about who believes what…
I think you’ve got two choices as a school administrator. The first is to try and be as reasonably inclusive as possible. This likely means recognizing the beliefs of more than one denomination / faith in your displays, actions, etc. and would be in line with the cases that say that it’s okay for government to display a creche along with a Star of David and other religion’s symbols. The second option is to stay out of it altogether. As Miguel notes in his link above, this is probably the easiest way out. It also may be more ideologically pure in the sense that you don’t then have to wrestle with these quandaries about which (and how many) faiths (including non-faith) need to be represented in order to be “fair” and “legal” and “inclusive.”
As former Supreme Court Justice Sandra Day O’Connor once noted, “We do not count heads before enforcing the First Amendment.” In other words, we don’t allow the majority of folks to impose their religious beliefs/practices on the remaining members of their community. That’s as it should be if we truly believe in everyone’s religious freedom and that’s why personally I have trouble with “Christmas” taking a prominent role in public schools. The religious aspects are of legal concern and I also think the overwhelming presence of “secular” elements sends the wrong messages to those who don’t celebrate the holiday. If I’m a kid from an atheist or Hindu family, for example, I’m not sure I want to be surrounded by Christmas. Christmas! CHRISTMAS! in my face all the time when I go to school.
Now, having said that, I also understand the practical aspects of the principalship and educators’ desire to recognize the major events that are occurring in their and their families’ lives. But I believe that a lot of school communities definitely violate the inclusiveness principle and are walking a fine line when it comes to the legal standard.
When do things get out of control? My first teaching job they did a “morning devotional” over the PA, I spoke up against it, but was overruled and pressured to say nothing.
In the Washington State Capital there has been some issues regrading displays
http://seattletimes.nwsource.com/html/localnews/2008475714_atheist06m.html
Wouldn’t be be easier to ‘just say no’ to any display. Here is a posting from the church of the flying spaghetti monster
http://www.venganza.org/2008/12/16/viewpoint-discrimination/
Pastafarians Unite!
Does the state Department of Education Count?
http://www.justreadfamilies.org/holidays/reading.asp
That’s a good one Chan. Nice catch.
The Florida Department of Education here is clearly going for the “maybe if we include all kinds of religions it will be okay” tact. I really dislike that particular argument because any one by itself would violate the Establishment Clause, but apparently all together they do not? Seems odd to me because there is no way to cover every religion and that doesn’t take atheists into account either. I don’t think schools should get by just because they include Hanukkah and Kwanzaa in the list of Christmas stories which includes “Gift of the Magi.”
So….
Educational law is important but what happens when it blockades learning and the learning environment?
Example: Child comes in into a classroom with a sharing (show and tell) item, a Christmas ornament he/she and his/her mother made and wants to tell the class all about his Christmas beliefs.
Example: Many of your students are Christians and fill the daily conversations with Christmas stories and beliefs.
Example: A few students come to school the day before WINTER BREAK with cards and gifts for their teacher wishing him/her a Merry Christmas.
Example: No present to return to students above.
The law tells us a lot of things, but does it tell us what to say or do in the above situations. What is the correct and legal dialogue that is used on the spot with those children that we are trying to teach. Responses that show respect and build a nurturing classroom and school environment with reference to the culture and climate of the community are not easy to spit out when a five year old hands you a homemade ornament and wishes you Merry Christmas.
and yes…
a heartfelt Merry Christmas to all bloggers!
Yo Scott, Merry Christmas and Happy New Year!
This is a great debate and one that should be part of our social studies curriculum. It would certainly be more engaging than memorizing just what each ammendment says or completing a worksheet outlining when each was written. I don’t think we ask students to consider these issues and thus instill the understanding of the constitution and its interpretation. We should be teaching students that laws are often interpreted differently by different people. It also teaches that the interpretation of each of the ammendments changes with changes within our society. We need to help them understand the importance of the judicial portion of our government. Look at how few understand the problems with much of what was done by President Bush during his terms of office. I think it is funny that we talk about the establishment clause in schools, yet fail to challenge all of the public dollars which are spent by our national government officials in this area. We always look to the schools to solve our social problems and as battle grounds for our political and philosophical beliefs. I am just thankful that we live in a country where we can express our beliefs and engage in debates like this concerning when and where these expressions may occur.
I’d share some of my most egregious examples, but don’t have time to joust with our pal from Cooperstown.
Therefore, I’d like to raise a serious secular issue.
How much time and resources did it take to create that Deerpark video greeting? Was it created at the public’s expense?
I’d share some of my most egregious examples, but don’t have time to joust with our pal from Cooperstown.
Therefore, I’d like to raise a serious secular issue.
How much time and resources did it take to create that Deerpark video greeting? Was it created at the public’s expense?