Now That Schools Can Teach Islam, They Can Teach Christianity Too

Great news!  The Ninth Circuit Court of Appeals has just approved teaching Christianity in public schools.

Actually, the Ninth Circuit didn't intend to approve teaching Christianity.  The Ninth Circuit intended to approve teaching Islam in school (as long as the Islam lessons are not an "overtly religious exercise.") 

Whatever it intended, the Ninth Circuit's ruling must apply with equal force to Christianity because schools are not permitted under the United States Constitution to play favorites, at least not among major established religions.  As the United States Supreme Court recently reaffirmed in Van Orden v. Perry, 125 S.Ct. 2854 (2005) (holding that the ten commandments could be displayed at a state capitol), the Establishment Clause of the United States Constitution requires religious neutrality.  The government may not exercise a preference for one religious faith over another.

The Ninth Circuit's latest ruling is contained in an "unpublished," three-paragraph "Memorandum."  It also cites a previously published Ninth Circuit case, Brown v. Woodland Joint Unified School District, 27 F.3d 1373 (9th Cir. 1994) (which, of all things, approved teaching witchcraft in school).  Read the details of the course in Islam that was "blessed" by the Ninth Circuit at Michelle Malkin's website and at Ann Althouse's website.

So now that we've approved of teaching Islam and witchcraft in school, can we get around to a religion that is actually practiced by over 75% of Americans?  Christianity is, after all, the bedrock religion on which much of American culture, and much of its success, is founded.  Further, its principles and teachings have had a huge influence on American laws and culture. 

The Ninth Circuit's ruling is a gift.  Now is the time to start designing lessons that teach the fundamentals of Christianity to America's students.  Like the courses in Islam and witchcraft that the Ninth Circuit has "blessed," these courses in Christianity must not be overt religious exercises.  The lessons should not be designed to promote (or undermine) any religion, nor to create "test cases," but rather to educate students about an important part of our American religious culture of which many are currently illiterate.    

Reportedly, the attorney representing the children and their parents who challenged the course in Islam, Edward White of the Thomas More Law Center, has said that he will ask the full appeals court for a rehearing. 

My reaction to that news:  STOP!!!!!!!!!!

We are now winning!  This ruling is a gift! 

As an old litigation attorney told me when I was just starting out:  When you are winning, shut up!

Of course, Mr. White is to be commended for having filed the Eklund case.  It is his prerogative to pursue this case to the full Ninth Circuit and to the U.S. Supreme Court if he wishes.  But I believe that this Ninth Circuit ruling, thin gruel though it may be as an unpublished memorandum ruling, is nonetheless a gift.  I fear that if the Ninth Circuit as a whole is allowed to consider the issue, it will realize the strategic blunder it has made and will "unbless" the Islam course.  While that would be a victory for mainstream American religion and culture, it would be a much smaller victory than the victory of allowing the basics of Christianity to be taught in public schools.

Sincerely, it is time for lessons about Christianity in the schools.  Teachers who wish to present such a lesson should work closely with a public interest attorney in advance because the laws and regulations differ from state to state and because a legal challenge to the lessons is quite possible.  Teachers should stay within the limits established in the cases of Eklund v. Byron Union School District (review the briefs filed by both sides on appeal) and in the published Ninth Circuit precedent it relies on, Brown v. Woodland Joint Unified School District, 27 F.3d 1373 (9th Cir. 1994).  The lessons need not be lengthy or ambitious.  When one is attempting to create new precedents, simple is better; then there is less for any fair-minded person to challenge.

It is important that any lessons in Christianity be designed to be educational in their focus, and not offensive to any reasonable person of any religion (or lack thereof).  However, if and when these courses are challenged by unreasonable people (say, the ACLU), the same briefs that were filed in support of teaching Islam in school, like this amicus brief by the California School Boards Association and the National School Boards Association, will come in handy.  (Lawyers, some of your legal research and briefwriting is already done!  It's a "godsend," so to speak.)

Here is the website for the Thomas More Law Center, which deserves credit for its work on behalf of the parents in this case.  Visit and help them out if you can.  Or at least say a prayer.  If that's still allowed.

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Lots more available at:  Stop the ACLU, My Pet Jawa, California Conservative, Super Fun Power Hour, Alpine Summit; Patterico's Pontifications; Opinion Times; and Eric's Boredom Revealed.  Trackbacks:  Pursuing Holiness; The Political Teen

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Important Reminder to the Enthusiastic:  This blog entry is not intended as legal advice.  Before you add any religious content to your lesson plans, consult an experienced public interest attorney who is familiar with the laws in your state.  Proceed with caution.  Litigation is not usually as fun as it sounds.

Comments

[Laura Curtis]

I agree, this is a tremendous opportunity. But I'm not that hopeful anyone will take your suggestion and leave well enough alone.