I. Constitutional violations in Utah schools have resulted from hosting programs by outside groupswith religious agendas.

The First Amendment to the United States Constitution provides "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Articles I, III, and X of the Utah Constitution similarly guarantee religious freedom and prohibit state action which favors one religion over another religion, or which favors religion over non-religion, or non-religion over religion.

During the past year constitutional violations have resulted from programs and presentations made in Utah Schools by outside groups with religious agendas: 

• Uintah School District. On Earth Day, 1999, W. Russel Todd Elementary School hosted an Earth Day ceremony which was prepared by the Salt Lake Organizing Committee for the 2002 Olympics (SLOC), Forest Service personnel and others. Students from third-grade classes in Uintah and Duchesne school districts participated. Billed as the kick-off for SLOC's environmental program titled, "Spirit of the Land," the ceremony included prayers by a Ute elder and by the Rt. Rev. Carolyn Tanner Irish in which trees were blessed and Mother Earth was praised. The ceremony also included devotional statements, songs and dances in honor of Mother Earth by Native American participants. In the context of these devotionals, students were advised that the earth is sacred and that trees are sacred. Similar devotionals to Mother Earth and Nature were found to be unlawful establishment of religion in Altman v. Bedford Central School Board, 1999 WL 342467, (S.D.N.Y.), discussed below.

When this Institute issued a report which challenged the Earth Day ceremony as a clear violation of constitutional prohibitions of establishment of religion, the school district appropriately acknowledged that the ceremony had violated the Constitution and immediately committed to remedy the lack of controls which had allowed the problem. The district, through its attorney, stated,

"Unfortunately, it appears that items were included on the SLOC program at Todd Elementary School which were not in conformance with Establishment Clause restrictions. To the extent that that occurred, Uintah School District regrets those lapses and apologizes to any one who was offended by that activity.

"The program was not an activity organized or sponsored by Uintah School District, but rather outside individuals and entities. The building administrator relied upon the representative of the Forest Service and the SLOC, that planned and put the program together, to be cognizant of the activities that are appropriate in a public school. Unfortunately, that reliance appears now to have been misplaced.

"You are advised that your report has prompted a careful evaluation at the District level of the policies and procedures relating to programs sponsored by outside groups and entities. The School District intends to adopt policies and procedures to more carefully screen all programs, organized or sponsored by outside entities, with the intent of assuring that there are no future incidents that would result in a violation of the Establishment Clause. In addition to the written policy, this will include in-service training of Administrators to increase the awareness and sensitivity to these issues."

The Institute's report on this matter is available at www.j21c.org. As SLOC has announced its intention to place its religion-based environmental program in all Utah elementary schools, school districts must be ready to screen out the program or face potential civil rights litigation. 

• Grand County School District/Salt Lake City School District. Advised by outside sponsor Transcendence Dance Studio, a Moab "healing arts studio," that a program by Tibetan tantric Buddhist Monks would be "strictly cultural," the Grand County School District emptied classrooms and seated students in an auditorium where robed monks chanted prayers and danced in front of an altar with smoking incense, a picture of their religious leader, the Dalai Lama, and a large mural of their temple.

The monk's Salt Lake City host, Unity Spirit Center, arranged for their appearance at West High School. During school hours the monks engaged in a three day mandala construction ceremony which was dedicated to the "female goddess aspect" and which was inaugurated with chants and prayers. The ceremony, open to the public, was advertised on school doors and religious music and literature were offered for sale by the monks while the mandala was constructed.

The institute issued a report, available at www.j21c.org, condemning these violations of the Establishment Clause. Thereafter, the Slippery Rock School Board in Slippery Rock, Pennsylvania, on the advice of its legal counsel, appropriately blocked the monks' scheduled visit to its schools as a violation of separation of religion and government.

• San Juan County School District. First-grade students were taken on field trips sponsored by a local environmental group, a Forest Service ranger and an Americorp volunteer. Among other activities, students were told to wrap their arms around a tree, smell it and "feel its spirit." The program was subsequently barred by the school district when parents complained.
• Davis County School District. At someone's suggestion, elementary children constructed "worry dolls" which are supposed to be used by students to relieve anxiety. The federal court judge in Altman v. Bedford Central School Board ruled that such activity violated the Establishment Clause as "a rank example of teaching superstition to children of a young and impressionable age. It assumes that an inanimate object has some occult power to relieve us from worry and assure a good night's sleep."
• Various Utah school districts. "Philosophical" schools or associations have taken school children on outdoor excursions and taught them "traditional" Scandinavian or other "eco-philosophies" (i.e. ancient pagan or neo-pagan religious beliefs) which declare nature, land, trees and the earth to be sacred and subject to worship.

II. Constitutional violations have resulted from Earth-worship sponsored by teachers and administrators.

Constitutional violations have resulted when teachers or administrators sponsored forms of Earth-worship, such as Native American animism, or forms of neo-paganism including Gaia, a recognized religion "which has been and now is current throughout the world." Altman v. Bedford Central School Board.*

• Bedford Central School District, New York. The following Earth Day activities violated the separation of religion and government: An Earth Day liturgy wherein symbolic gifts were offered to the earth by representatives of each class while drum choruses sounded; "symbolic structures" (altars) were erected to honor the earth; students were exhorted to do something which would "make 'Mother Earth' smile;" students were advised, "We came from the earth, we are part of the earth, and we are all involved in this cycle;" and students were told "there are too many people on earth." Altman v. Bedford Central School Board.
• Bedford Central School District, New York. A school sponsored prayers to the earth and the recital of a Taos Indian creed for worshiping the earth. Tapes were played to students which said, "This is what we believe. The Mother of us all is Earth. The Father is the Sun. ... the Brother is the beasts and trees. ... We are children of the earth and do it no harm in any way, nor do we offend the Sun by not greeting it at dawn. ..." Students were told that they should offer a prayer of thanks when they cut down a tree or remove a plant from a garden. Students were also taught Winnebago Indian beliefs that "Trees, standing firm, hold the secret of inner power" and that "Nature is an expression of God; or, if you prefer, Nature is the creative force and intelligence of the Universe." These activities violated the separation of religion and government. Altman v. Bedford Central School Board.
• Numerous Utah School Districts. Many Utah schools have been illegally sponsoring Native American and Gaia religions. Many schools use a fourth grade text which declares, "The Earth is Our Mother," "in wilderness is salvation," "animals know best," and other religious principles. Innumerable school rooms have been decorated with posters espousing similar devotionals.
• Bedford Central School District, New York. A teacher's project to have children draw and color an Hindu elephant-headed god violated separation of religion and government. Altman v. Bedford Central School Board.

III. Some important questions to consider:

• Does your school district invite or allow programs or presentations by outside groups or volunteers?
• Does your school district have written procedures, guidelines and controls to assure that your district does not unlawfully sponsor religious presentations or programs by outside groups or volunteers?
• Does your school district have a specific, trained office or officer responsible to assure that programs or presentations by outside groups or volunteers will not violate the law and involve the school district in costly litigation?
• Are your personnel trained to recognize presentations, programs and practices which may not be sponsored by schools because of their religious content?

IV. What should a prudent school district do to respect the Constitution?

• Recognize the problem. Acknowledge that school systems are being assaulted by individuals and groups with religious agendas. Rarely will these agendas be labeled as religious. Instead they will be called, "culture," "native arts," "environmental," "eco-spiritual", "philosophical," "healing arts," "spiritual arts," or other terminology. School personnel should be trained to recognize potential constitutional violations when confronted.
• Inventory current school programs and scheduled programs and presentations. Odds are your district, deliberately or ignorantly, is already illegally sponsoring religion through activities similar to those set forth above.
• Establish written policies and procedures. Outside programs and presentations should not be permitted absent prior review and authorization to assure that religion will not be sponsored. A specific, trained office or officer should be assigned the responsibility to screen programs and presentations through established written procedures and guidelines. An appropriate means of appeal should be provided.
• Advise employees of the policies and procedures. School districts should already have policies which prohibit sponsorship of religion and protect related civil liberties. These policies and related procedures should be coordinated with new policies and procedures implemented to assure that religion is not introduced by outside groups, or by employees who fail to recognize, or deliberately ignore, sponsored religion in activities.

V. Need assistance?

Your established legal counsel should be consulted as the Jefferson 21st Century Institute does not provide legal advice. The Institute is available as an information resource and has developed a half-day seminar to educate public employees and officials. You are encouraged to contact the Institute through its web page (www.j21c.org), mail address P. O. Box 1294, Centerville, Utah 84014, e-mail address (j21c@aros.net), or telephone number (801) 298-7856.

The Jefferson 21st Century Institute is a nonpartisan organization dedicated to the separation of religion and government and the preservation of liberties. The Institute, a non-profit tax exempt organization, serves to inform and educate the public and public officials of issues relating to the separation of religion and government. The Institute is not directly or indirectly affiliated with, or sponsored by, any religious or political organization.

*Since this report was prepared the trial court's ruling in Altman v. Bedford Central School Board has been reversed on appeal. The appeals court found an insufficieny of evidence in the record to support the trial court's findings. Thus, the appeals court did not rule that the activities condemned in the trial court's ruling were permissible, but only that there was insufficient evidence that they had occurred in the manner found by the trial court. Accordingly, the Jefferson 21st Century Institute continues to stand by its warnings herein.