The bible in public schools a first amendment guide

A F I R S T A M E N D M E N T

G U I D E TO R E L I G I O N

A N D P U B L I C S C H O O L S

WRIT TEN AND EDITED BY

CHARLES C . HAYNES

AND

OLIVER THOMAS

FINDING

COMMON

GROUND

FINDING

COMMON

GROUND

A F I R S T A M E N D M E N T

G U I D E TO R E L I G I O N

A N D P U B L I C S C H O O L S

W R I T T E N A N D E D I T E D B Y

CHARLES C. HAYNES A N D

O L I V E R T H O M A S

J O H N F E RG U S O N , A s s o c i a t e E d i t o r

ii Finding Common Ground Finding Common Ground: A Guide to Religious Liberty in Public Schools

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© 2007 First Amendment Center

1207 18th Avenue South Nashville, TN 37212 (615) 727-1600 www.firstamendmentcenter.org

Publication No: 128.06-FAC ISBN 0-9656863-4-5

Educator’s discount available for orders of ten or more of this publication. For more information, call (703) 284-2859.

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From Battleground to Common GroundChapter 9: Religious Holidays in Public Schools iii

CONTENTS

About the Authors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Chapter 1: From Battleground to Common Ground. . . . . . . . . . . . . . . . . . . . . . . . 1

Chapter 2: Religious Liberty, Public Education, and the Future of American Democracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Chapter 3: Strategies for Finding Common Ground . . . . . . . . . . . . . . . . . . . . . . . . . 15

Chapter 4: The Supreme Court, Religious Liberty and Public Education . . . . . . . . . 27

Chapter 5: A Teacher’s Guide to Religion in Public Schools . . . . . . . . . . . . . . . . . . . 39

Chapter 6: Student Religious Expression in Public Schools: United States Department of Education Guidelines . . . . . . . . . . . . . . . . 57

Chapter 7: Student Religious Clubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

Chapter 8: Student Religious Practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

Chapter 9: Religion in the Public School Curriculum. . . . . . . . . . . . . . . . . . . . . . . . 95

Chapter 10: Religious Holidays in the Public Schools. . . . . . . . . . . . . . . . . . . . . . . 111

Chapter 11: The Bible and Public Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Chapter 12: Public Schools and Religious Communities. . . . . . . . . . . . . . . . . . . . . 135

Chapter 13: Public Schools and Sexual Orientation . . . . . . . . . . . . . . . . . . . . . . . . 143

Chapter 14: Character Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

Chapter 15: Sample School District Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171

Chapter 16: Frequently Asked Questions about Religious Liberty in Public Schools . . . . . . . . . . . . . . . . . . . . . . 225

Appendix A: Contact Information for Organizations Signing Consensus Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253

Appendix B: A History of Religious Liberty in American Public Life . . . . . . . . . . . 261

Appendix C: Williamsburg Charter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283

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About the Authors

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ABOUT THE AUTHORS

Charles C. Haynes, Ph.D. Dr. Charles C. Haynes is senior scholar at the First Amendment Center. He writes and speaks extensively on religious liberty and religion in American public life.

He is best known for his work on First Amendment issues in public schools. Over the past two decades, Haynes has been the principal organizer and drafter of consensus guidelines on religious liberty in schools endorsed by a broad range of religious and educational organizations. In January 2000, three of these guides were distributed by the U.S. Department of Education to every public school in the nation.

Haynes is the author or co-author of six books, including First Freedoms: A Documentary History of First Amendment Rights in America (2006) and Religion in American Public Life (2001). His column, Inside the First Amendment, appears in newspapers nationwide.

He is a founding board member of the Character Education Partnership and serves on the Steering Committee of the Campaign for the Civic Mission of Schools and the American Bar Association Advisory Commission on Public Education. He chairs the Committee on Religious Liberty of the National Council of Churches.

Widely quoted in news magazines and major newspapers, Haynes is also a frequent guest on television and radio. He has been profiled in The Wall Street Journal and on ABC’s “Evening News.”

Haynes holds a master’s degree from Harvard Divinity School and a doctorate from Emory University.

Oliver Thomas, Esq. Oliver Thomas is a lawyer, minister, author and former school board chairman. He has written and lectured extensively on the subject of religion and public education and has consulted with hundreds of school districts. He currently directs the Niswonger Foundation in Greeneville, Tenn.

Mr. Thomas has been involved in litigation at every level of state and federal courts including the United States Supreme Court. His clients have included the National Council of Churches and the Baptist Joint Committee.

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In addition to representing numerous Evangelical groups, Mr. Thomas co-authored the A.C.L.U. handbook on church-state law. Before returning to his native Tennessee, Mr. Thomas taught at Georgetown University Law Center. He has lectured at such law schools as Harvard and Regent University.

Mr. Thomas is a graduate of the University of Tennessee, University of Virginia and New Orleans Baptist Theological Seminary where he was chosen as the most outstanding divinity graduate.

This guide is designed to provide general information on the subject of religious expression and practices in schools. It is printed with the understanding that the authors are not rendering legal or other professional services. If the reader has specific legal questions, the services of a qualified, licensed attorney should be sought.

Foreword

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FOREWORD

By John Seigenthaler Founder, First Amendment Center

It has been 12 years since the Freedom Forum First Amendment Center initially published Finding Common Ground, the landmark guide urging educators to begin taking religious liberty and teaching about religion seriously in public schools.

This new and updated edition is designed to further assist school officials, parents and teachers in keeping pace with evolving law, changing trends and emerging challenges that touch on religious liberty and public education.

Charles Haynes, who created this innovative concept, wrote the original guide convinced that educators had universally misinterpreted U. S. Supreme Court opinions and had effectively stripped religion from text books and classroom discussions. At the time this guide first was published, culture wars over religion in the schools raged in many communities. School board meetings, Parent-Teacher Association gatherings and federal courtrooms often were the battlegrounds.

Many school administrators and teachers worried that Finding Common Ground was a radical, even a dangerous idea. They feared that Haynes’ vision was naïve and if put into practice would fly in the face of court rulings. They were concerned that it would invite lawsuits and incite further controversy.

In fact, teaching about religion was an eminently rational and timely idea. In no sense was it radical. Fears that it would stimulate lawsuits were groundless. Concerns that it would drive people apart were wrongheaded. In fact, once in place the program actually helped resolve many community conflicts, both legal and ideological. In action, Haynes’ initiative comported perfectly with a stream of Supreme Court decisions dating back almost four decades to an opinion crafted by Justice Tom Clark.

“A person cannot be fully educated,” he wrote for the court in 1963, “without understanding the role of religion in history, culture and politics .… The law, constitutional or otherwise, is no impediment to the realization of this aim.”

What had been misunderstood by many educators (and still is misapprehended by too many) was that while Supreme Court rulings barred school-sponsored prayer and religious indoctrination, they had by no means banned teaching about religion. The court had decreed that school districts and teachers must be neutral in classroom discussions about religion. Proselytizing or promoting one denomination or faith over others violated the constitutional wall between church and state, the court consistently held. No teacher could encourage students to change religious denominations – or to accept one faith over another.

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But Justice Clark understood more than 40 years ago that it was impossible for any student to be enlightened about world or American history, political science, government, art, law or many other subjects without learning about religion. His thesis remains valid. Finding Common Ground has given it vitality and viability by offering specific guidelines for classroom instruction.

So why a new edition of this guide? Neither the law nor school enrollment has been static. Change has been a constant in public education, as courts have ruled, for example, that if a tax-supported school permits extracurricular programs and practices of a secular nature, religious programs and practices must also be given fair and similar treatment. Students, the courts have decreed, are allowed to talk to their fellow students about their own religious beliefs so long as they are not harassing. They are allowed to write about their faith in school essays so long as the work conforms to teacher assignments. As Haynes points out, this offers new challenges and new opportunities for public schools.

There also are challenges and opportunities as school administrators seek to adjust to student populations that are more religiously diverse than at any time in the nation’s history. In this new edition of his guide, Haynes provides a reliable compass to direct educators in creating an environment and implementing policies that will make all students—those of every religious faith or none—more comfortable and more welcome in a changing educational climate.

In light of the international unrest and national upheaval that has followed the September 11, 2001 terrorist actions in New York, Washington and elsewhere, it seems worth repeating here the first three paragraphs of the foreword I wrote to the original edition of Finding Common Ground:

Almost weekly now, U. S. citizens read in newspapers or see on television reports of ‘Muslim terrorist’ threats or attacks aimed at some ‘enemy of Islam.’

The news-media drumbeat has led many of us to the false impression that the Muslim faith is a religion built on a foundation of violence and fanaticism. Nowhere have most of us been taught about the history of Islam or what Muslims today actually believe. We know little about the vision of Muhammad in 610 that began with the revelations known as the Qur’an, accepted by millions of Muslims throughout the world as the word of Allah or God. We are unaware that it is from this experience that the faith of Islam had its beginning.

More than 1300 years later American school children, who read and hear about the growing influence of the Islamic world on our lives, learn very little about the Prophet Muhammad or the religious traditions of Muslims.

If those words had modest meaning in November 1994—and I think they did—they should have bell-ringing resonance since the tragedy that befell the nation that violent

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Tuesday morning. It no longer is a question of whether schools should teach children about Islam. They must teach them—and about other religions as well. It is a responsibility, a duty.

In the days following the terrorist-inspired tragedies, students everywhere came to school with questions about what they had seen and heard and read in the news media. How could a U.S. public school teacher respond to those questions without mentioning religion? Or without putting in context religious extremism by a small group of fanatics? Or without explaining that the Islamic faith of all but a few extremist Muslims would reject the taking of innocent life—any innocent life anywhere?

It is sad but certain that many teachers were forced to deal with those questions from a background of ignorance. Some, no doubt, found themselves answering students’ questions by relying mostly on what they had learned from the media.

There were, fortunately, noteworthy exceptions to that drill. In hundreds of schools from California and Utah to New York and New Jersey, teachers whose school systems had embraced the Finding Common Ground concept were equipped with answers that were grounded in study and discussion of world religions, including the faith of Muslims. It is probable that many youngsters who had shared in that study and discussion actually were able to help their parents better understand the Islamic religion in the aftermath of the terrorist attacks.

For too long public schools have lived with an unfair reputation of being secular bastions hostile to religion. Religious parents, aware of that public school image, sometimes have opted to send their children to private denominational institutions.

Public schools that now embrace the Finding Common Ground model offer students of all faiths and none a unique, enriching academic experience. Seven years ago, it seemed to Charles Haynes that teaching students to understand our deepest religious differences was a way to help save public education. Today, teaching those same lessons may help save far more.

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1C H A P T E R 1 From Battleground to Common Ground

FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION

The Religious Liberty clauses of the First Amendment

to the Constitution are a momentous decision, the

most important political decision for religious liberty

and public justice in history. Two hundred years after

their enactment they stand out boldly in a century

made dark by state repression and sectarian conflict.

Yet the ignorance and contention now surrounding

the clauses are a reminder that their advocacy and

defense is a task for each succeeding generation.

—The Williamsburg Charter 1988

From Battleground to Common Ground

More than 200 years after their enactment, the first 16 words of the Bill of Rights undergird the boldest and most successful experiment in religious freedom in human history. Despite periodic outbreaks of nativism, anti-Semitism and religious conflict, Americans can be justly proud that we begin the new century as one nation of many peoples and faiths.

THE CHALLENGE The challenge for 21st-century America is not only to sustain this extraordinary arrangement, but to expand the principles of religious liberty more fairly and justly to each and every citizen. This is no small task. Today the United States is the most religiously diverse society on Earth and, among developed countries, the most religious. But exploding religious pluralism combined with bitter culture wars are making our public square an increasingly crowded and often hostile arena.

Nowhere is it more important — or more difficult — to address our growing ideological and religious diversity than in the public schools. Not only are our schools a key battleground in the culture wars, they are the principal institution charged with enabling Americans to live with our deepest differences. If we fail in our schools to

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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

—Religious Liberty Clauses, First Amendment to the

United States Constitution

Finding Common Ground: A First Amendment Guide to Religion and Public Schools

teach and model the rights and responsibilities that flow from the First Amendment, then surely we endanger the future of our daring experiment in religious liberty.

This guide is built on the conviction that finding common ground on many of the issues that divide us is possible within the civic framework provided by the Religious Liberty clauses of the First Amendment to the U.S. Constitution. The key is for all sides to step back from the debate and to give fresh consideration to the democratic first principles that bind us together as a people. Then, in light of our shared civic commitments, we can work for policies and practices in public education that best protect the conscience of every student and parent in our schools.

A NEW CONSENSUS Here is the good news: Although underreported by the media and still unknown to many school leaders, a new model has emerged for addressing religion and religious liberty in public schools. Over the past decade, religious and educational groups from across the

spectrum have adopted the consensus guidelines included in this guide. Where these agreements have been applied in local districts, they have enabled a growing number of divided communities to move from battleground to common ground.

The measure of just how much consensus we now have was highlighted in early 2000 when every public-school principal in the United States received a packet of comprehensive religious liberty guidelines from President Clinton and the U.S. Department of Education. For

the first time in American history, all administrators were given the closest thing possible to a legal safe harbor for addressing perennial conflicts over religion in the schools.

This new consensus on religion in public schools began to emerge as a response to the textbook trials in Alabama and Tennessee in the mid-1980s. Although the constitutional questions were quite different, both cases called attention to the fact that the public-school curriculum largely ignored religious ways of understanding the world. The educational issues raised by the trials were reinforced by several textbook studies. The liberal People for the American Way reached much the same conclusion as the conservative Paul Vitz: Public- school texts included little or nothing about religion.

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From Battleground to Common Ground

In the wake of these trials and studies, we convened leading educational and religious organizations in an effort to find common ground on the question of religion in the curriculum. Groups ranging from the National Association for Evangelicals to the Association for Supervision and Curriculum Development agreed that ignoring religion was neither educationally sound nor consistent with the First Amendment. We were convinced that we can (and must) do better in public education.

After a year and a half of discussion and debate, we reached agreement on our first set of guidelines, “Religion in the Public School Curriculum: Questions and Answers.” Four months later we forged a second agreement, “Religious Holidays in the Public Schools: Questions and Answers.” This was soon followed by a third statement providing consensus guidelines for implementing the Equal Access Act. After a long history of shouting past one another, we had begun to find common ground.

BEYOND TWO FAILED MODELS These agreements of the late 1980s and early 1990s were important first steps in articulating a civic framework that enables school and communities to move beyond culture-war debates that are often dominated by extremes.

On one end of the spectrum are those who advocate what might be called the “sacred public school,” where one religion (theirs) is preferred in school policies and practices. Characteristic of the early history of public education, this approach still survives in some parts of the United States, particularly the rural South. From the “Bible wars” of the 19th century to current fights over posting the Ten Commandments in classrooms, attempts to impose religion in schools have fueled countless lawsuits and bitter fights in communities throughout the nation. Not only is this model unconstitutional, it is also unjust.

In recent decades, however, some on the other end of the spectrum have pushed for a “naked public school,” where religion is excluded in the name of the Establishment clause of the First Amendment. The influence of this mistaken view of the First Amendment is apparent in the virtual silence about religion in most of the curriculum and the confusion among many school leaders about the religious-liberty rights of students. But the First Amendment does not mandate that public schools be religion-free zones. This approach is also unjust and, when the rights of students are violated, unconstitutional.

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Finding Common Ground: A First Amendment Guide to Religion and Public Schools

The process of finding consensus during the past decade has yielded a third model – what might be called a “civil public school” – articulated in the various guidelines included in this guide. The shared vision of this model is captured best in “Religious Liberty, Public Education, and the Future of American Democracy,” a statement of principles found in Chapter 2. Twenty-four major religious and educational organizations define religious liberty in public schools this way:

Public schools may not inculcate nor inhibit religion. They must be places where religion and religious conviction are treated with fairness and respect.

Public schools uphold the First Amendment when they protect the religious liberty rights of students of all faiths or none. Schools demonstrate fairness when they ensure that the curriculum includes study about religion, where appropriate, as an important part of a complete education.

These four sentences restate the civic framework of the religious-liberty clauses of the First Amendment — our constitutional commitment to “no establishment” and “free exercise” — as they apply to public education. They describe what schools might look like if we finally lived up to the promise of religious liberty. Rather than simply telling public schools what they may not do, the statement calls for protecting student religious expression and including religious perspectives in the curriculum, while simultaneously rejecting government endorsement or promotion of religion.

YES, BUT HOW? For many years now, the First Amendment Center has worked with school districts throughout the nation to implement the model of a civil public school. We have found that where communities are committed to coming together in the spirit of the First Amendment, consensus is reached, new policies are drafted, and significant changes take place in the classroom. Significantly, support for these efforts comes from both the “right” and “left” of the political and religious spectrum.

The starting point for local communities must be an agreement on First Amendment ground rules as described in Chapters 2 and 3. In the spirit of the First Amendment, all perspectives have a right to be heard, and each citizen has an obligation to protect the freedom of conscience of all others. Agreeing on civic principles allows the dialogue to begin and enables people of all faiths or none to work toward consensus on the proper role of religion in the public schools.

If the resulting agreements and policies are to inspire broad support in the community, all stakeholders must be fully represented in the discussion. When reaching out to critics of the schools, particularly conservative religious groups, school leaders must look beyond

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From Battleground to Common Ground

stereotypes to find those representatives most interested in dialogue and consensus. Given the lack of civility in the public square of America today, it is not easy to build bridges of understanding and trust, but it can be done.

While there are extreme voices in the debate, we know from experience that most teachers, parents, administrators and school board members are committed to a principled dialogue, and to fair, open public schools. This includes the vast majority of parents often labeled as members of the “religious right” or the “secular left.” Sadly, a few groups on either side thrive on “demonizing” the opposition, often lumping all individuals and groups under one frightening label. Tactics such as these may successfully raise millions of dollars through direct mail, but they destroy the fabric of our life together as citizens. And the media sometimes fuel the conflict by allowing extreme voices to dominate the debate.

To get beyond the labels, trust needs to be carefully rebuilt. Building trust, of course, requires a willingness to listen. But listening is meaningless if parents or others in the community sense that most questions have been answered before the process begins. A number of school- reform advocates, for example, stress the importance of local participation, but then resist the possibility that local communities may not endorse the reform. Some state mandates encourage communities to write “mission statements,” but leave little room for local decision-making about the educational mission of the schools.

Listening and trusting are also difficult, if not impossible, in districts unprepared for conflict concerning religion and values in the schools. Every district should have comprehensive policies on these issues, developed and endorsed by a broad spectrum of the community and followed up by teacher and administrator education focused on implementation. Using this guide to

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Resources

Al-Hibri, Azizah Y., Jean Bethke Elshtain, Charles C. Haynes (2001). Religion in American Public Life: Living with Our Deepest Differences. New York: W.W. Norton and Co.

Hunter, James Davison and Os Guinness, eds. (1990). Articles of Faith, Articles of Peace: The Religious Liberty Clauses and the American Public Philosophy. Washington: The Brookings Institution.

Nord, Warren A. (1995). Religion and American Education: Re-thinking an American Dilemma. Chapel Hill: University of North Carolina Press.

Nord, Warren A., Charles C. Haynes (1998). Taking Religion Seriously Across the Curriculum. Alexandria, Virginia: Association for Supervision and Curriculum Development.

Finding Common Ground: A First Amendment Guide to Religion and Public Schools

take a pro-active — rather than crisis-management — approach to areas of potential controversy is an opportunity for public schools to demonstrate a genuine interest in the concerns of parents, and a concrete commitment to applying religious-liberty principles in public schools.

A COMMON VISION OF THE COMMON GOOD National consensus statements and guidelines are essential, but they are only starting points in the effort to find lasting common ground. Creating truly civil public schools — schools that take religious liberty seriously – requires school districts willing to do the work of translating these agreements into effective, community-supported policies and practices.

The new consensus represented by the agreements in this guide provides Americans with an historic opportunity. After more than 150 years of shouting past one another about religious liberty in schools, we finally have a model widely agreed-to across our differences. It is now possible to address our differences with civility, reach mutual understanding and forge polices that protect the First Amendment rights of every parent and student.

If we take this opportunity, a common vision of the common good may be realized in public schools and in our communities. The time is now to re-commit ourselves, as American citizens, to the vision of “We the People” — the ongoing and difficult task of building one nation out of many peoples and faiths.

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2C H A P T E R 2 Religious Liberty, Public Education, and the Future of American Democracy: A Statement of Principles

FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION

This Statement of Principles is sponsored jointly by:

American Association of School Administrators

American Center for Law and Justice

American Federation of Teachers

Anti-Defamation League

Association for Supervision and Curriculum Development

Carnegie Foundation for the Advancement of Teaching

Catholic League for Religious and Civil Rights

Central Conference of American Rabbis

Christian Coalition

Christian Educators Association International

Christian Legal Society

Coalition for the Community of Reason

Council on Islamic Education

The First Amendment Center

National Association of Elementary School Principals

National Association of Evangelicals

National Association of Secondary School Principals

National PTA

National Council of Churches of Christ in the U.S.A.

National Education Association

National School Boards Association

People for the American Way Foundation

Phi Delta Kappa

Union of American Hebrew Congregations

Religious Liberty, Public Education, and the Future of American Democracy: A Statement of Principles

Our nation urgently needs a reaffirmation of our shared commitment, as American citizens, to the guiding principles of the Religious Liberty clauses of the First Amendment to the Constitution. The rights and responsibilities of the Religious Liberty clauses provide the civic framework within which we are able to debate our differences, to understand one another, and to forge public policies that serve the common good in public education.

Today, many American communities are divided over educational philosophy, school reform, and the role of religion and values in our public schools. Conflict and debate are vital to democracy. Yet, if controversies about public education are to advance the best interests of the nation, then how we debate, and not only what we debate, is critical.

In the spirit of the First Amendment, we propose the following principles as civic ground rules for addressing conflicts in public education:

I. Religious Liberty for All Religious liberty is an inalienable right of every person.

As Americans, we all share the responsibility to guard that right for every citizen. The Constitution of the United States with its Bill of Rights provides a civic framework of rights and responsibilities that enables Americans to work together for the common good in public education.

II. The Meaning of Citizenship Citizenship in a diverse society means living with our deepest differences and committing ourselves to work for public policies that are in the best interest of all individuals, families, communities and our nation.

The framers of our Constitution referred to this concept of moral responsibility as civic virtue.

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Finding Common Ground: A First Amendment Guide to Religion and Public Schools

III. Public Schools Belong to All Citizens Public schools must model the democratic process and constitutional principles in the development of policies and curricula.

Policy decisions by officials or governing bodies should be made only after appropriate involvement of those affected by the decision and with due consideration for the rights of those holding dissenting views.

IV. Religious Liberty and Public Schools Public schools may not inculcate nor inhibit religion. They must be places where religion and religious conviction are treated with fairness and respect.

Public schools uphold the First Amendment when they protect the religious liberty rights of students of all faiths or none. Schools demonstrate fairness when they ensure that the curriculum includes study about religion, where appropriate, as an important part of a complete education.

V. The Relationship between Parents and Schools Parents are recognized as having the primary responsibility for the upbringing of their children, including education.

Parents who send their children to public schools delegate to public school educators some of the responsibility for their children’s education. In so doing, parents acknowledge the crucial role of educators without abdicating their parental duty. Parents may also choose not to send their children to public schools and have their children educated at home or in private schools. However, private citizens, including business leaders and others, also have the right to expect public education to give students tools for living in a productive democratic society. All citizens must have a shared commitment to offer students the best possible education. Parents have a special responsibility to participate in the activity of their children’s schools. Children and schools benefit greatly when parents and educators work closely together to shape school policies and practices and to ensure that public education supports the societal values of their community without undermining family values and convictions.

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Religious Liberty, Public Education, and the Future of American Democracy: A Statement of Principles

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Religious Liberty, Public Education, and the Future of American Democracy: A Statement of Principles

VI. Conduct of Public Disputes Civil debate, the cornerstone of a true democracy, is vital to the success of any effort to improve and reform America’s public schools.

Personal attacks, name-calling, ridicule and similar tactics destroy the fabric of our society and undermine the educational mission of our schools. Even when our differences are deep, all parties engaged in public disputes should treat one another with civility and respect, and should strive to be accurate and fair. Through constructive dialogue we have much to learn from one another.

Conclusion This Statement of Principles is not an attempt to ignore or minimize differences that are important and abiding, but rather a reaffirmation of what we share as American citizens across our differences. Democratic citizenship does not require a compromise of our deepest convictions.

We invite all men and women of good will to join us in affirming these principles and putting them into action. The time has come for us to work together for academic excellence, fairness and shared civic values in our nation’s schools.

Endnote In 1994, Charles Haynes of the First Amendment Center and Ron Brandt of the Association for Supervision and Curriculum Development (ASCD) convened leaders from education associations, civil liberties groups, and religious organizations to draft these shared principles for addressing conflicts in public education. The agreement was published in 1995.

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3C H A P T E R 3 Strategies for Finding Common Ground

FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION

No free government or the blessings of liberty

can be preserved by any people but by a firm

adherence to justice, moderation, temperance,

frugality and virtue and by frequent recurrence

to fundamental principles.

—Virginia Declaration of Rights George Mason

1776

Strategies for Finding Common Ground

Court decisions provide important legal guidance for school districts, but case law alone will not enable us to live with our deepest differences. Too often (and too quickly) in disputes about religion and public education, lawyers are called and lawsuits filed. Communities are further divided, and support for public education continues to erode.

We need to remind ourselves that First Amendment Religious Liberty clauses do not belong only to lawyers and judges; they belong to all of us. The principles of rights, responsibility and respect that flow from the First Amendment are obligations of citizenship for every American. When properly understood and applied, these principles allow communities to go beyond conflict and achieve consensus on the role of religion in the public schools. The strategies outlined below indicate some ways in which the civic framework provided by the First Amendment has worked in school districts to build common ground.

STRATEGIES FOR FINDING COMMON GROUND

1. Agree on the ground rules. No religious consensus is possible in the United States, and to impose one would be both unconstitutional and unjust. A civic consensus, however, is not only possible, but necessary if we are to continue as one nation of many peoples and faiths. In any public-policy debate, all sides need to recall that, as citizens, each of us has already agreed to the democratic first principles that govern our common life. These principles are the “ground rules” within which we negotiate our differences in the public square of America.

What are the ground rules that flow from the First Amendment? Part of the answer is found in Supreme Court decisions as discussed in Chapter 4. Court cases, however, are not the best starting point for establishing guidelines and ground rules in a school district. We

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1 These definitions of the principles of rights, responsibilities, and respect that flow from the First Amendment are drawn from the Williamsburg Charter, a document that has greatly influenced our conception of a civil public school. The full text of the Charter may be found in Appendix C. Articles of Faith, Articles of Peace: The Religious Liberty Clauses and the American Public Philosophy, edited by James Davison Hunter and Os Guinness (1990), contains essays that provide a context for understanding the significance of the Williamsburg Charter.

Finding Common Ground: A First Amendment Guide to Religion and Public Schools

suggest that communities begin with the Statement of Principles from Chapter 2. In so doing, all sides are asked to go behind the court cases and to give fresh consideration to the guiding principles of our nation’s charter. At the heart of these principles are the “three Rs” of religious liberty:

Rights: Religious liberty, or freedom of conscience, is a precious, fundamental and inalienable right for all. Every effort should be made in public schools to protect the conscience of all students and parents.

Responsibilities: Central to the notion of the common good, and of greater importance each day because of the increase of pluralism, is the recognition that religious liberty is a universal right joined to a universal duty to respect that right for others. Rights are best guarded and responsibilities best exercised when each person and group guards for all others those rights they wish guarded for themselves. The Williamsburg Charter calls this “the Golden Rule for civic life.”

Respect: Conflict and debate are vital to democracy. Yet if controversies about religion and schools are to reflect the highest wisdom of the First Amendment and advance the best interest of the disputants and the nation, then how we debate, and not only what we debate, is critical.1

If these or similar civic ground rules are in place, then all sides come to the table prepared to take responsibility to protect the rights of others and to debate differences with civility and respect. Within this framework, concern for fairness and for protection of conscience shapes the discussion and all agreements that may follow.

2. Include all of the stakeholders. If agreements and policies are to inspire broad support in the community, all stakeholders must be fully represented in the discussion. On the school level or district-wide, the committee members appointed to make recommendations should represent a broad range of perspectives, making sure that those who are concerned about violations of conscience in the schools are given significant representation.

Religion-and-school policies — no matter how wise or clear — that are developed without strong community participation risk doing more damage than good. Policies shaped by a broad cross-section of the community are widely supported and successful. (See Chapter 15 for examples of policies created by a few school districts.)

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Using the Three Rs to Find Common Ground

“Rights, Responsibilities, and Respect” Using the principles of rights, responsibilities and respect that flow from the First Amendment, a number of initiatives around the nation are discovering new ways to resolve conflict.

Once in place, a civic framework of rights, responsibilities and respect can help schools and communities to find common ground on educational philosophy, school reform and the role of religion and values in public schools.

Statewide Programs The most extensive 3Rs programs are the California and Utah 3Rs Projects. The California 3Rs project is sponsored jointly by the First Amendment Center and the California County Superintendents Educational Services Association, while the Utah Project is sponsored jointly by the First Amendment Center and Utah Office of Education.

Using First Amendment principles, many California and Utah educators, parents and community leaders have been able to agree on policies and practices that protect the religious liberty rights of students of all faiths or none. These projects work to prepare teachers to teach about religions and cultures in ways that are constitutionally permissible and educationally sound.

Begun in 1991, the California project is underway in all 11 educational regions of the state. Regional leaders for the 3Rs project have been appointed by the California County Superintendents Educational Services Association to assist school districts and communities. For more information about the California 3Rs Project, contact:

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Dr. Bruce Grelle Department of Religious Studies California State University - Chico Chico, CA 95929-0740 Phone: (530) 898-4739 Email: bgrelle@csuchico.edu

Margaret Hill, Ph.D California Three Rs Project College of Education, FO 115 California State University, San Bernardino 5500 University Parkway San Bernardino CA 92407 Phone: (909) 537-5459 Fax: (909) 537-7173 Email: drpeghill@verizon.net

The Utah project began in 1996 and already there is a broad network of supporters throughout the state. For more information about the Utah 3Rs project, contact:

Martha Ball Utah 3Rs Project Director Utah State Office of Education 250 East 500 South P.O. Box 144200 Salt Lake City, UT 84114-4200 Phone: (801) 521-6960 Fax: (801) 538-7588

Finding Common Ground: A First Amendment Guide to Religion and Public Schools

When school boards or administrators reach out to critics of the schools, particularly religious conservatives, they must look beyond media stereotypes and identify those representatives most interested in dialogue and consensus. If school leaders are unsure who might best represent a particular point of view, they might contact national organizations such as those listed in the Appendix for suggestions about strong leadership in the local community.

Because we are a democracy, there will be “winners” and “losers” on policy issues and curriculum decisions. But if the different perspectives have been given full and fair hearing and if every effort has been made to protect the conscience of all parents and students, then even those who may “lose” on a particular policy will most likely remain supporters of the public schools.

3. Listen to all sides. Given the opportunity, the vast majority of parents, teachers, administrators and school board members will commit to a principled dialogue and will work for fair, open public schools. While it is true that a small number of people on all sides of these issues resist efforts to reach common ground, most Americans, when given an opportunity, want to find a way forward that best serves the schools and the community. We have found this to be true in every region of the country and across all religious and political lines.

Establishing a climate where people listen to one another requires that we go beyond labels and rebuild trust. Public-school educators must keep in mind that, as leaders of institutions established by the people through the government, they are required to represent the Constitution and the Bill of Rights. Public schools are first and foremost models of the nation’s charter. All else, including educational philosophy and proposals for change, should be decided by the people of each community working with school boards, administrators and teachers.

If we are to rebuild trust and to truly listen to one another, public-education leaders must acknowledge what is valid about criticisms of the way religion has been treated in many public schools and in the curriculum. At the same time, critics of the schools must recognize that the vast majority of public-school administrators and teachers do not intend to be hostile to religion, and want only to be fair in their treatment of parents and students. Putting aside labels and stereotypes and taking seriously the position of the “other side” are the starting points for genuine dialogue.

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Other States A number of other school districts in Texas, Pennsylvania, Oklahoma and other

states have adopted a “3Rs” approach to religious liberty issues. For more information about these efforts contact Charles Haynes at the First Amendment Center. Email address: chaynes@freedomforum.org.

Strategies for Finding Common Ground

4. Work for comprehensive policies. School districts would be well advised to address a broad range of religion-and-schools issues in a “religion-and-schools” policy. By doing so, schools are able to say “yes” to a role for religion, even as they must say “no” to state-sponsored religious practices. No, public schools may not promote religion (or hostility to religion), nor may schools sponsor religious practices. But yes, there is a place for teaching about religions, and there are ways to accommodate the needs and requirements of religious students. Policies can be developed on student speech, distribution of literature, equal access, and other areas that signal strong support for protection of conscience and expression.

Once the commitment is made to establish a comprehensive policy, begin the search for common ground with the areas where agreement is most likely to be achieved. Many communities have found it useful to begin with the role of religion in the curriculum (especially in light of the national agreement reprinted in Chapter 9). It is not difficult to reach consensus about the importance of study about religion as a part of a complete education in the social studies, literature, art, music, and other subjects. (More difficult is the question of how it will be done.) Once the first agreement is reached, a foundation is created for consideration of more divisive questions.

An important key throughout the process is to go beyond asking “What is legal?” and to begin asking “What is the right thing to do for my community?” and “What best protects the conscience of every student and parent?”

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Bridgebuilders Since 1992 BridgeBuilders has become a nationally recognized specialist in

disarming cultural and religious conflicts through its program of Common Ground Thinking. Using a First Amendment framework to define the common ground, they help deeply divided groups find consensus solutions by crafting policies that are fair to their differences, rather than one side winning at the other’s expense. BridgeBuilders offers training in Common Ground Thinking, consulting to help districts communicate effectively with diverse groups, and facilitation services to help conflicted groups find common ground. They have been a sought after resource for local school districts as well as national education groups and agencies to help us all work together beyond our deepest differences.

7228 University Dr. Moorpark, CA 93021 Phone: (805) 529-1728 Web site: www.bridge-builders.org

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Finding Common Ground: A First Amendment Guide to Religion and Public Schools

5. Be pro-active. Some school leaders avoid addressing religion and school issues, convinced that to raise these questions may cause controversy where there is currently none. While it may be true that a pro-active approach to religious liberty questions is a risky and delicate undertaking, it could be argued that the greater risk is to do nothing. Districts unprepared for controversy fare poorly when a conflict arises (and it will). Where there are no policies (or policies not known or supported by parents), there is a much greater likelihood of lawsuits, shouting matches at school board meetings and polarization in the community.

Students, parents, teachers and administrators all need to know how the school or school district advises where and how religion be discussed in the classroom, how requests by students to form a religious club or to distribute religious literature will be handled, how holidays will be treated and how any number of other questions concerning religion and values will be addressed. A pro-active approach takes seriously the importance of articulating the proper role for religion and religious perspectives in the public schools. The resulting policies and practices create a climate of trust in the community, and demonstrate the public schools’ active commitment to the guiding principles of our democracy.

6. Civil Debate. Remember throughout the process to commit to civil debate. Conflict and debate are a vital part of a democratic system. Yet, if Americans are going to negotiate deep differences, then how we debate — not only what we debate — is critical. Personal attacks, name-calling, and similar tactics destroy the fabric of our society and undermine the educational mission of schools. All parties should agree to treat one another with civility and respect and should strive to be accurate and fair.

7. Follow-Through Be sure that the entire community is informed of all policies concerning religion, values and religious liberty. If an effort has been made to keep the broader community involved through participation in the committee and through periodic public meetings, there will be people available to help explain the policy to the various constituents of the school.

Once disseminated and explained, policies raise expectations about school performance. That is why it is vitally important for schools to follow up policy statements with staff

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development for administrators and teachers. A commitment to teach about religion, for example, means nothing unless teachers are given support for such teaching. A policy that permits student-initiated religious clubs may do more harm than good unless accompanied by a clear understanding by administrators of how the Equal Access Act is to be applied (see Chapter 7). Adoption of these or other policies concerning religion and public education should be immediately followed by forums for parents, workshops for teachers and administrators, and distribution of resources for classroom use.

Remember First Amendment religious-liberty principles do work — when tried. Without asking anyone to compromise their deepest convictions, schools and communities can find areas of agreement on questions that have long divided Americans. “A common vision for the common good” is still possible in public education.