Yoga in public schools — an Establishment Clause problem.

NPR has trouble seeing the objection. This kids are stretching, readying their minds for learning, don't you know? But here's one mother's report:

"They were being taught to thank the sun for their lives and the warmth that it brought, the life that it brought to the earth and they were told to do that right before they did their sun salutation exercise"...

The woman, Mary Eady, was able to take her son out of the classes — which is an appropriate accommodation but insufficient to solve an Establishment Clause violation. (In the old prayer-in-school cases, excusing the students who chose not to pray did not suffice.)

The school's program was richly funded by the K.P. Jois Foundation, whose Hindu founders connected yoga to their religion.

"It's stated in the curriculum that it's meant to shape the way that they view the world, it's meant to shape the way that they make life decisions," Eady says. "It's meant to shape the way that they regulate their emotions and the way that they view themselves."

"And then the question becomes — if it is religious, which it is, who decides when enough religion has been stripped out of the program to make it legal?" [says Dean Broyles, president and chief counsel of the Escondido-based National Center for Law and Policy]. "I mean, that's the problem when you introduce religion into the curriculum and actually immerse and marinate children in the program."...

"It is the stated goal of both the Jois Foundation and the district itself to prove scientifically that Ashtanga yoga works for kids here in the district and then export it nationally," Broyles says.

The Jois Foundation has a director, Eugene Ruffin, who is himself Catholic and who says the values taught in the program aren't specifically Hindu. But making religion generic doesn't solve your problem. Consult the original Warren Court school-prayer case, Engel v. Vitale, which involved a prayer concocted by the state that stripped out all denominational specificity.

My position — explained here in the context of Kwanzaa — is that the government should not use schools for exercises that reach into the spiritual aspect of the child's mind. Quite aside from whether courts would see an Establishment Clause violation, it should be rejected as a policy choice. Even where you have trouble deciding whether something is religion or not, if it's a religion substitute, operating like religion, you should be revolted by the government intruding into the sphere that belongs to the individual, parents, and private organizations. And on this ground, I would object to all sorts of indoctrination and idol-worship. Public schools must be committed to teaching real substance of the secular kind. Think: math and science.

ADDED: Imagine if a Christian foundation were handing out huge grants to public schools to adopt a program based on its values, with generic prayer-like incantations led by the teacher. Would NPR and its devotees be nodding calmly at how nice it was?

ALSO: NPR quotes the mother's attempt at paraphrasing the prayer-like incantation. I'd like to see the actual text that the school uses! Here's some material at the Jois website, but it doesn't show the text I'm looking for.

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"The Elvis Problem: Defining Religion Under The First Amendment."

Instapundit weighs in on the Kwanzaa question I brought up yesterday.

And I want to drag something I wrote in my own comments section up to the front page. The Madison School District portrays Kwanzaa as something that belongs in government-run schools because it's a "culturally relevant practice," but:

Religion is a "culturally relevant practice."

It just doesn't belong in public schools.

And:

I mean practicing it doesn't belong in public schools.

It's fine and even desirable to teach children about the various religious traditions. It's part of history and social studies, and it should be taught competently and with a fact-based approach, not infused with promptings to feel inspired and devoted.

I think this is such a solid point that the definition of religion — for these school-based Establishment Clause cases — should be built around the idea that the compulsory attendance coerced in the name of education should not be exploited to capture the part of the child's mind that turns to God when the child is religious. All human beings have this aspect of their minds, whether they are religious or not, and the state's power does not belong there. When we see devotional exercises in public schools we should be revolted.

Background note: In the most relevant Supreme Court case (which is in a somewhat different context), the Court spoke of religion as "a sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of those [religions] admittedly qualifying for the exemption." (The context was conscientious objection from the military draft.) The value of the Court's definition was that it avoided making distinctions and favored equal treatment under the laws.

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Shouldn't the Freedom From Religion Foundation sue the Madison school district for the extensive celebration of a religious holiday?

From the Madison Metropolitan School District website:

Kwanzaa celebrated at two schools

Students and staff at Falk and Lowell Elementary Schools recently performed and displayed art projects that reflect the principles of Kwanzaa. The culmination of a semester’s work incorporating Culturally Relevant Practices, the celebration also featured the donations from the schools' service learning project to help build a school library in Ghana. Four MMSD elementary schools (also Hawthorne and Mendota) are working together to provide Culturally Relevant Practices and experiences for all their students.

Video of Madison teachers and children celebrating Kwanzaa at the link.

The school district will surely say that Kwanzaa is not a religious holiday, but what constitutes religion for Establishment Clause purposes? It's not an easy question. I say that as someone who has taught a law school class in Religion and the Constitution for many years.

I once gave an exam that challenged students to think about Establishment Clause problems inherent in an invented state program pushing environmentalism, defined by statute to mean "the belief in the importance of honoring and conserving the Earth’s resources, minimizing the impact of individual human beings on the Earth, and understanding one’s personal duty to inspire others to honor and conserve resources and to minimize human impact on Earth." In my hypothetical, schools were required to stage day-long Earth Day celebrations every year, praising nature and inspiring conservation, and teachers had to begin each school day with a "solemnification exercise" that included "a recitation enforcing the values of environmentalism along with a set of symbolic gestures," with this example, described in the state law:

On a small table, the teacher unfolds a green cloth to reveal a twig, a small stone, an egg, and a small box of good soil. The teacher opens the box, takes out a bit of soil and sprinkles it on the stone, egg, and twig, and says: "This is our Earth, which is given to us, to love and preserve, for all time." The students then repeat that phrase aloud, and the teacher carefully closes the box, rewraps the items, and puts them away.

My hypothetical environmentalism, like Kwanzaa, is at least a religion substitute, in that it attempts to capture the children's idealism and spiritual longings and to direct them into a particular ideology. It employs the devices of traditional religion: songs of celebration, symbolic gestures and rituals, incantations. In the case of Kwanzaa, based on what I've read, it was originally designed as an alternative to Christmas. And the 7th of the 7 principles of Kwanzaa is:

Imani (Faith): To believe with all our hearts in God, our people, our parents, our teachers, our leaders, and the righteousness and victory of our struggle.

Presumably the God part is watered down for school purposes, but watering down religion is a problem in itself.

ADDED: I see that at something called "The Official Kwanzaa Web Site" — what makes it "official"? — the "Imani/Faith" principle has no "God." It is otherwise word-for-word the same as what I've quoted above. Without God, the statement of faith is puzzling: believe with all your heart in our people and the righteousness of our struggle. That sounds like the worst of what governments have done grabbing at the hearts of young people.

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A conversation for the end of the year.

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