Eklund v. Byron Union School District, 2005 WL 3086580 (9th Cir. Nov. 17, 2005)
In an unpublished opinion, a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit has ruled that a California school district's use of role-playing in a world history class to teach middle school students about Islam does not violate the First Amendment's Establishment Clause. The suit was brought by two sets of parents whose children attend the Excelsior School against Byron Unified School District (BUSD). The suit claimed that 125 middle school students were asked to select a Muslim name, learn Islamic prayers, stage make-believe pilgrimages to Mecca, fast during lunch to simulate the fasting done during the holy month of Ramadan, dress in Muslim robes, and use Arabic phrases meaning "God is great." The plaintiffs contended that the classes on Islam were not just teaching students about religion, but rather how to practice a religion, which violates the Establishment Clause. The district court dismissed the case, and the Ninth Circuit affirmed. In a brief memorandum opinion, the appeals court concluded that the activities did not constitute "overt religious activities that raise Establishment Clause concerns." The court also found that the district court had not erred in determining that BUSD and the defendant school officials enjoyed qualified immunity, because the plaintiffs failed to demonstrate that the defendants had violated a constitutional right, much less a clearly established one.
Eklund v. Byron Union School District, 2005 WL 3086580 (9th Cir. Nov. 17, 2005)
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Editor's Note: In a report on the lawsuit in the Sacramento Bee, attorney Edward White from the Thomas More Center for Law and Justice, who represented the plaintiffs, called the ruling "an opinion without any precedent." However, attorney Linda Lye, who represented BUSD, said she was "delighted the school district got this matter behind it" and could "move on with the business of educating children." For background information on the suit, access the NSBA School Law link below. NSBA joined an amicus
brief by the California School Boards Association, below, arguing that the pedagogical approach did not rise to the level of a constitutional violation. The case does, however, demonstrate the need for great sensitivity to community concerns when teaching about religion.]
Sacramento BeeBy Claire Cooper
[Link to full story][NSBA School Law pages on Eklund v. Bryon Union School District][CSBA amicus brief]