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Deseret News Religion Section Article
An article in the Religion/Ethics section of the Deseret News on October 17, 1998, titled "Tibetan lamas performing 'Sacred Dance' Wednesday" announced that the monks would be at West High School starting on October 20:
"Tibetan Buddhist lamas from the Drepung Loseling Monastery are visiting Salt Lake City Oct. 20 as part of their international tour of "Sacred Music and Sacred Dance for World Healing." The performance will be Wednesday, Oct. 21, from 7:30 p.m. until 9:30 p.m. at West High School. Tickets are $12 in advance and $15 at the door. Advance tickets may be purchased from Smith's Tix, or at the Golden Braid, Awakening Heart, Expanding Heart, and Genesis bookstores.
"While in Salt Lake City, the monks will construct a mandala sand painting and perform a pageant of sacred music and dance. The opening ceremony for the painting will be October 20 at noon at West High School, 241 N. 300 West. Construction will continue until the closing ceremony Oct. 23 at noon. The public is invited to view the painting in progress. Contact the Unity Spirit Center at 281-2400 for specific times."
Within two inches of the article was a block advertisement for the Unity Spiritual Center, which appeared along side of advertisements for other Salt Lake valley churches. The advertisement stated, "Do you believe it's ok to laugh in Church? Join us for Transformational Services 9:30 and 11:00 am." Language in the ad also included, "The third of Seven Sacred Paths: How to Build Self Esteem & Have Personal Balance in Your Life" and "Rev. Mike Fotheringham."
Letter to West High School and Salt Lake City School Board
On the morning of October 19, 1998, the Institute faxed and mailed the following letter to West High School and the Salt Lake City School Board:
"Dear Public Education Leaders,
"The Jefferson 21st Century Institute is a non-partisan organization dedicated to the separation of religion and government. The Institute wishes to discuss evident problems regarding the planned visit at West High School of Tibetan Buddhist monks from the Drepung Loseling Monastery.
"The Institute's information regarding the monks' visit comes from an October 17, 1998 article in the Deseret News, copy enclosed. The article states that this appearance is part of the monks' international tour, "Sacred Music and Sacred Dance for World Healing." Also: "While in Salt Lake City, the monks will construct a mandala sand painting and perform a pageant of sacred music and dance. The opening ceremony for the painting will be Oct. 20 at noon at West High School, 241 N. 300 West. Construction will continue until the closing ceremony Oct 23 at noon." The article further states that the public is invited to view the painting in progress by contacting the "Unity Spiritual Center."
"An article from the Salt Lake Tribune dated September 19, 1998, copy enclosed, states that the mandala sand painting is a religious "healing symbol meant to represent the transitory nature of everything in the universe" and that its creation and subsequent destruction represents pouring out "healing energies" into the world. As the Tribune article also stated that the monks offered prayers, dances and music at Grand County schools, it is assumed that the monks intend to engage in similar activities at West High. The planned creation/destruction of the mandala, related religious ceremonies, prayers, dance and music will occur in a public high school during hours when students are required by law to attend the school.
"West High School, of course, was defendant in Bauchman v. West High School, 132 F.3d 542 (10th Cir. 1997). The analysis adopted by the Tenth Circuit Court of Appeals in Bauchman strongly indicates that the planned use of the school by the Tibetan monks will violate the Establishment Clause of the First Amendment to the United States Constitution. In Bauchman the court adopted Supreme Court Justice O'Connor's analysis in Lynch v. Donnelly, 465 U.S. 668, 678-79, 104 S.Ct. 1355, 1362, 79 L.2d.2d 604 (1984) to address the three prong test of Lemon v. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971) that government action does not violate the Establishment Clause so long as it (1) has a secular purpose, (2) does not have the principal or primary effect of advancing or inhibiting religion, and (3) does not foster an excessive entanglement. The court stated, 'Applying Justice O'Connor's refined analysis, the government impermissibly endorses religion if its conduct has either (1) the purpose or (2) the effect of conveying a message that "religion or a particular religious belief is favored or preferred.' (Bauchman at 551)
"The Institute believes that West High School is about to violate both the purpose and effect tests and thereby violate the Establishment Clause. Regarding the purpose test, the Tenth Circuit has declared unlawful purpose to mean the government's "actual" or intentional purpose to endorse or disapprove of religion. (Id. at 551) The Constitution does not require that the purpose be unrelated to religion. (Id. at 553) However, if there is no "clearly secular purpose" for the activity, the Establishment clause is violated. (Id. at 554) In ruling against Ms. Bauchman, the court found it significant that she had not alleged that West High School's vocal music curriculum was out of step with traditional high school vocal music curricula and thereby lacked a secular purpose. (Id. at 555)
"Can West High School point to any established secular practice of regularly inviting religious representatives into the school for prolonged visits to create religious art while engaging in prayer, spiritual dances and music? Comparable scenarios would be inviting Mormon missionaries to spend a week creating a painting of the Angel Moroni or of inviting Catholic monks to spend a week creating and worshiping at a representation of the Madonna. The Institute frankly doubts that there could be any lawful precedent for such religious ceremonies in a location where mandatory attendance by students is required.
"Regarding the effect test, the Tenth Circuit stated, "The effect component, on the other hand, should evaluate whether a 'reasonable observer,' aware of the history and context of the community in which the conduct occurs, would view the practice as communicating a message of government endorsement or approval." (Id. at 551-52) Not every governmental activity that confers a remote, incidental or indirect benefit upon religion is constitutionally invalid. (Id. at 555) However, the Establishment Clause is violated where the governmental activities, objectively viewed, have a principle or primary effect of advancing or endorsing religion. (Id.)
"In Bachman the choir programs, consisting of a mixture of traditional secular and religious music of different faiths, did not violate the Establishment Clause. These types of balanced secular programs had long been a part of community culture. However, in the present situation students will be coerced by law to attend a school where, for an entire week, a unique exclusively-Buddhist religious presentation will occur. The result is the principle or primary effect of advancing or endorsing Buddhist religion.
"This is clearly a case of government entangling itself in and promoting recognized religious activities. Sacred paintings, sacred dance, sacred music and attendant prayers are recognized Buddhist religious activities. Accordingly, the Institute strongly urges West High School to abandon its plans to host the monks. Surely there are many private venues where the monks could create their mandala in Salt Lake City and surely there is a hospitable private community which will rally to host the monks.
"The Deseret News article also states that on Wednesday October 21, 1998, the monks will perform between 7:30 p.m. and 9:30 p.m. and that tickets are $12 in advance and $15 at the door. As students usually are not required to attend school during these times, the foregoing concerns are not per se applicable to this event. However, it is our understanding that proceeds from ticket sales will be used to support the monks on their national tour of sharing sacred art, music and dance. Please advise whether the school has waived any fees for use of its facilities or engaged in any departure from standard policies for use of the facilities, including any restrictions on religious fund-raising.
Sincerely,
/s/
Paul W. Mortensen
Executive Vice President
Jefferson 21st Century Institute
PWM/mw
Enclosures"
Telephone Response from West High School Principal
During the afternoon of October 19, 1998, the Institute received a telephone call from Joyce Gray, West High School Principal. During the conversation Principal Gray advised that the monks had, through the Salt Lake City School District Buildings and Grounds Department rented the science multi-purpose room at West High School for several days for construction of the mandala and related ceremonies. She stated that these activities would not be school functions and from this it was inferred that the Sacred Music Sacred Dance program would not be performed for students during school hours.
Principal Gray stated that the science multi-purpose room was in an area of the school which is not frequented by students but that it was unusual that the room would be rented during days when students are required to attend school. She acknowledged that a mistake had been made and stated that her immediate supervisor was trying to find another location for the monks to hold their ceremonies and to create their mandala and that the monks' sponsors had been advised to find another location. However, she also stated that it may be too late for the monks to get another location and the matter was controlled by the Building and Grounds Department. Principal Gray stated that if the monks continued to rent the room, the situation would be closely monitored to assure that students were not involved. Principal Gray stated that she would report back on status but subsequently failed do so.
Monks' Devotional Ceremony for Construction of Mandala at West High School
The Institute received no further communications from West High School or the Salt Lake City School Board on October 19. Not knowing whether the monks rented different space, a representative of the Institute visited West High School on Tuesday, October 20, 1998 shortly before noon, the time previously announced for the opening ceremony for construction of the mandala.
At the entrances of the school were posted the advertisement for the Mandala Sand Painting described above at pages 10-11. Handwritten notes on the ad stated that those interested should go to Room T-213, the science multi-purpose room.
Room T-213 was found to be down a hall immediately connected to the main school hall. Students were coming down the hall and past Room T-213, each of two doors of which were open. Inside the room nine or ten monks were setting up four tables. The table near the door nearest the school's main hall had piles of advertisements and programs described at pages 7 to 11 above, including the advertisement for the lecture, "Exploring the "Buddhist Model of the Mind" to be held at First Unitarian Church on the evening of October 20, and the advertisement and program for the Sacred Music Sacred Dance for World Healing program to be presented at West High School auditorium on the evening of October 21, 1998. Also on this table was a donations box.
A small table in one corner held the colored sand to be used in making the mandala. A larger table next to the small table had the design of the sand painting drawn in its middle. At the back of this table were altar items such as a bell, flowers, cups, round cookies and something like a feather pen.
On a table on the other side of the room were items for sale. Included on this table were CD's and tapes such as "Tibetan Sacred Temple Music" and "Sacred Tibetan Chants." Also for sale were incense, bead necklaces, bags, and books such as "Oceans of Living" by H.H. the Dalai Lama. Packages of postcard-like pictures of art entitled, "The Mystic Arts of Tibet Exhibition Featuring the personal sacred objects of H.H. the Dalai Lama" were also for sale.
No high school students were observed in the room as an assembly was about to begin with special guest U.S. Attorney General Janet Reno. Some junior high school and elementary school-age children were present with adults who had come to the ceremony. Before the ceremony began a group of about 30 students from Eastwood Elementary of the Granite School District arrived. The room doors were closed. Then a "host" monk gave introductory comments. The monk stated that the sand painting would be in the form of a "sacred circle" and that the circle is associated with the "most sacred of art in ancient culture." He said that the mandala would be dedicated to peace and harmony of environment and that the particular mandala to be constructed was of the "female deity aspect." The mandala, he stated, is part of the practice of detachment, to promote peace and harmony. "Hopefully," he stated, "we will bring some (peace and harmony) here."
The monk then stated that the ceremony about to begin would consist of about one-half hour of mantras to consecrate the site and to invoke the "good forces." Seven monks then donned gold over-robes and gold headdresses. An "officiating monk" stood in the middle with three monks on either side of him in front of the altar area of the table where the sand painting would be constructed. Two monks to his right held six-foot long horns which rested on the ground. Two monks on his left held smaller horns. The monk to his immediate left held cymbals. The monk to his immediate right held a drum.
The monks then began their chants, accompanied by horns, cymbals and drums at set times. The officiating monk at times rang the bell on the table or handled other implements. He made hand gestures and offered prayers with hands placed together palm-to-palm with fingers extended in classic prayer form. He also tossed what appeared to be rice. The rituals ended with all instruments sounding. The conclusion was greeted with reverent silence as the monks removed their headdresses and folded their gold outer-robes. The altar items were then removed from the table and the monks began to tap colored sand onto the painting as the elementary students crowded around to watch. After about ten minutes the elementary students were lined up and their picture taken with the "host" monk before they left the room. At this time both doors were opened and for the most part remained opened.
While adults purchased items from the table holding the items for sale, two monks were heard discussing whether the table and its contents should be kept at the school or taken to the lecture to be held at the Unitarian Church that evening. One monk recommended taking the table stating, "It (sales) will be flat here. School kids have no money." A monk stated that when the mandala was finished it would be destroyed with half of the sand to be given to those present at the closing ceremony to be held at the school and half to be poured into the Great Salt Lake.
When the Institute representative left at about 1:00 p.m. both doors were open. As the mandala advertisement on each entrance to the school stated that construction of the mandala would be open to public viewing, it is assumed that the doors remained open and that students would understand that they were encouraged and free to visit the science multi-purpose room. The Institute was not able to return to monitor the situation on subsequent days.
Eastwood Elementary Classes at Mandala Ceremony
Calls to Eastwood Elementary in Salt Lake City revealed that the Eastwood Elementary Students who attended the mandala ceremony were sixth grade student and that the ceremony was included as part of the sixth grade's curriculum studying world history and cultures. No students from other grades attended the ceremony. Removing students from Eastwood Elementary to West High was based upon general waivers signed by parents at the beginning of the school year. No special notice was given to parents that the students would be visiting a Tantric Buddhist devotional ceremony, nor apparently was there provided any opportunity to opt out.
Monks' Performance of Sacred Music Sacred Dance at West High School
The monks presented their Sacred Music Sacred Dance program at West High School on Wednesday evening, October 21, 1998 as a program open to the general public. West High School facilities had been rented for this after-school performance from the monks through the District Buildings and Grounds Department. Standard policies regarding payment of rental charges and provision of insurance were followed, with Unity Spiritual Center sponsoring this event as well as the mandala construction.
Unlike in Grand County, the monks did not perform their Sacred Music Sacred Dance program during school hours for students or faculty of West High School. It is unknown whether this resulted from the Institute's letter of October 19, 1998.
Additional Information from Salt Lake City School District
A subsequent conversation with Lisa Rich at the Building and Grounds Department indicated that this department did not concur with Principal Gray's conclusion that the mandala construction and ceremonies should not have occurred at West High School while students were compelled by law to attend. Ms. Rich stated that under equal access and civic center laws the district could not refuse to rent to the monks. She specifically cited Sections 53A-3-419, Utah Code Annotated, Section 53A-4-413, Utah Code Annotated and 20 USC 4071. Ms. Rich further stated that the district had received the monks' promotional materials in May, 1998 and while the district had approved renting the science multipurpose room to the monks, the district at some point determined to not allow the monks to perform their Sacred Music Sacred Dance program in the school for the students. Ms. Rich stated that the district considered the monks' presentations to be similar to those of Native American's as both involved culture intertwined with religion.
Ms. Rich also confirmed that required rental fees for the science multipurpose room had been paid by the Unity Spiritual Center and that insurance had been provided consistent with standard district policy.