Buddhists' and Grand County School District's Omission of Word "Religion"

Although Tantric Buddhism is one of the world's most ancient religions, deriving from Buddhism and earlier shamanistic practices, informational literature provided by the Loseling Institute, set forth in pages 3 through 11 above at no time uses the word "religion" or "religious" to describe the religious practices engaged in by the monks. The following religion-related words are used in discussing the monks and their devotional activities: "monk," "spiritual aspirants," "Buddhism," "Tantric," "holocaust," "Dalai Lama," "incarnations," "monasteries," "sacred," "monastic," "New Age," "mystical," "meditative," "enlightenment," "purification," "purify," "smoke of incense," "inner perfection," "higher powers," transcendence," "Cemetery Lords," "Celestial Travelers," "subliminal force," and "altar." Only in mentioning the Loseling Institute is it conceded that the Loseling Institute is a "non-profit religious and educational organization."

Such careful avoidance of the words "religion" and "religious" is too calculated to be dismissed as chance. The tactic has resulted in Tantric Buddhism devotionals entering the public schools unchecked. Public administrators should be capable of recognizing that Tantric Buddhism and its practices are "religion" and "religious" respectively. Yet Grand County educators uncritically adopted the monks' "religion-free" label and incorrectly advised parents and others that the monks' altar-enhanced performances and mandala ceremonies were "traditional" and "exclusively cultural." This disconnection of words from reality demands that school administrators and public administrators re-evaluate their systems for detecting and avoiding Establishment Clause issues. Although increasing numbers of religious movements are choosing to not label themselves as "religion," administrators must continue to identify these movements as religion or risk litigation and costly settlements. The Grand County School system should thoroughly investigate how it came to be an official sponsor of Tantric Buddhism.

Myth that Religion is Not Religion If Associated with Native Culture

Communications with school and municipal officials included repeated statements by officials indicating the erroneous belief that if religion is part of a native culture, such religion is either "not religion" or, such religion is somehow exempt from constitutional rules which apply to all other religion because it is "intertwined" with culture. One Grand County school principal, after observing Tantric Buddhist monks perform sacred chants and sacred dance before an altar, a picture of the Dalai Lama and a mural of their monastery, advised Superintendent Ferguson, "[I]t was not a religious presentation, at least as I understand 'religious presentation.'"

Questions from educators included, "We allow American Indians to perform their ceremonies in the schools, so why not this [Tantric Buddhist devotionals]?" Clearly, the more correct question is, "How can we allow American Indian, Tantric Buddhist and other ceremonies in public schools where they are admittedly devotional and Section 53A-13-101.1(3) expressly states, "Public schools may not sponsor prayer or religious devotionals?" The answer is, "Public schools can never legally sponsor prayer or devotional ceremonies of any group, 'native,' or otherwise. Aspects of devotional practices may be included in curricula or activities only if they are carefully limited as part of balanced curricula or activities."

The Institute recommends that the Grand County School District immediately institute a program to instruct educators regarding the meaning of "religion" and to pro-actively identify the many religious organizations and movements characterizing themselves as "cultural," "artistic," "ethical," or "philosophical" which are asking to be invited into the public school system. The Institute also recommends that educators be reminded that Section 53A-13-101(4) requires that "the Constitutions of the United States and the state of Utah ... shall be taught in connection with regular school work." Educators should include accurate instruction of the principle of separation of religion and government in their curricula, and not ignore the principle when considering religious practices whether or not disguised under other names.

Similarly, policies should be instituted to assure that devotional ceremonies are not summarily and erroneously accepted and classified as "traditional" or "strictly cultural" when represented to school boards or parents. Complete accurate information should be provided to parents so that they can make informed choices.

Salt Lake City School District Organizational Deficiencies

Fortunately, authorities did not allow the Sacred Music Sacred Dance program to be performed for students at West High School during school hours. It is unclear whether the this decision was made before or after the Institute wrote its letter of concerns to the district.

However, the Salt Lake City School District employs an organizational structure authorized by Section 53A-3-414(4), Utah Code Annotated, which apparently acted to override Principal Gray's expressed concerns that the mandala ceremony did not belong at West High School during school hours. A grounds manager in the Building and Grounds Department, rather than Principal Gray, apparently acted as final arbiter of the matter.

Although as principal she is immediately responsible for her students, Principal Gray apparently was powerless to cancel the mandala ceremony which was placed in her school through the Buildings and Grounds Department. A principal should have the final authority to determine whether a use of her school facilities during school hours would "interfere with any school function or purpose" [Section 53A-3-413(2), Utah Code Annotated] or would be "inadvisable" [53A-3-414(5), Utah Code Annotated], or should be changed for failure to "fit school needs" [district policy 4.07], or should not be permitted to violate "federal, state, local or district laws, policies and regulations" [district policy 4.11.] Not being able to cancel the mandala ceremonies, Principal Gray was presented a policing duty to assure that her students would not be drawn into the ceremonies. That there was an acknowledged need to monitor the monks' four day mandala activities acknowledges that the open-to-the-public mandala ceremonies should never have been held in the school during school hours in the first place. A school principal should be able to override a grounds department when the rented property is to be used inside the school during school hours.

Need for Building and Grounds Department to Understand Limits of Accommodation

The Building and Grounds Department expressed concerns of being sued for discrimination if it failed to allow the monks to use the science multi-purpose room during school hours. However, the laws it cited were either non-applicable (school club accommodation laws) or expressly provide that non-school uses may not interfere with school operations. Whatever the law, it cannot override the United States and Utah Constitutions and require that public school students be subjected to devotional exercises. Applications to use school facilities during school hours, if they are to be granted at all, should require applicants to certify that the premises will not be used for devotional exercises which are open to the public nor advertised on school entrances or other locations as being open to the public. An applicant could then be denied use if it were discovered that the applicant had falsely certified.

Personnel in the Building and Grounds Department also questioned why, if admittedly-devotional American Indian ceremonies are allowed in schools, should not Tantric Buddhist devotionals also be allowed. As discussed above, public schools can never legally sponsor prayer or devotional ceremonies of any group, "native," or otherwise. Aspects of devotional practices may be included in curricula or activities only if they are carefully limited as part of balanced curricula or activities.

Moab City Lack of Uniform Policy

The admitted lack of uniform policy combined with refunded park fees and allowing the monks to use the MOAC for not just the creation of art, but also for conducting devotional ceremonies related to the art, indicates that the monks were granted favorable treatment not uniformly extended to all groups, religious and non-religious, formal and ad hoc. Moab City should formalize consistent non-discriminatory policies authorizing waivers/refunds of park and MOAC fees and authorizing presentations of ceremonies with the creation of art at MOAC. Other groups which have used parks or MOAC for a fee should be offered refunds or the monks' sponsor should be required to return the refunded fee to the city.

Eastwood Elementary's Need to Advise Parents of Devotional Ceremonies

Parents of sixth graders at Eastwood Elementary should be expressly advised that the curriculum related to world history and culture will include devotional ceremonies and that they may choose for their children to not participate in devotional ceremonies. Parents should further be made aware of each devotional ceremony. The school should assure that, if devotional exercises are included in the curriculum, they occur outside of the elementary school and that a broad and balanced presentation of devotional exercises of different cultures is made. Sixth graders do not usually choose courses and must submit to the courses selected by the school system. Therefore, particular care should be taken in submitting these young children to devotional exercises.