On May 21, 1999, New York federal district judge Charles Brieant ruled that the Bedford Central School District violated the religious rights of Catholic students by sponsoring New Age religious activities. The impermissible religious activities included requiring students to cut out the elephant-head images of a Hindu god and to make toothpick "worry dolls" which were to dispel anxieties if placed under the child's pillow. The judge ruled that the elephant head deity was obviously a symbol of a known religious god and conflicted with students' beliefs condemning graven images. The judge also ruled that the construction of "worry dolls" was a "rank example of teaching superstition to children of young and impressionable age" which "assumes that an inanimate object has some occult power to relieve us from worry."

Unfortunately, such activities have been regularly occurring in Utah schools. However, it was the judge's rulings regarding the Bedford Central School District's Earth Day activities which leads us into this report. Judge Brieant necessarily ordered the school district to end religious exercises and altar building at Fox Lane High School's "truly bizarre" Earth Day celebrations. There students recited, "This is what we believe. The Mother of us all is Earth. The Father is the Sun." The judge appropriately found that such activities constituted religious worship.

Earth Day ceremonies, overtly religious in nature, were conducted at W. Russel Todd Elementary School in Fort Duchesne, Utah on April 22, 1999, with third graders from Uintah, Duchesne and Daggett counties participating. The ceremonies included prayers in which Mother Earth was praised and trees to be planted by children were blessed. Native Americans recited devotionals to Mother Earth and performed ritual dances and songs. Statements by the Salt Lake Organizing Committee for the 2002 Olympic Games (SLOC) emphasized that the earth and trees are sacred to many cultures around the world.

That the ceremony violated the federal Establishment Clause and Utah law is clear. What remains unclear is to what extent Utah State government and Utah public school systems will adopt continuing eco-spirituality programs promoted by SLOC as part of its environmental program.

This report documents the Earth Day ceremony at Todd Elementary, cites governing constitutional and statutory law, analyzes Establishment Clause violations at Todd Elementary, and concludes with a discussion of concerns, comments and recommendations.

The Jefferson 21st Century Institute ("the Institute") is a nonpartisan organization dedicated to the separation of religion and government. The Institute, a 501(c)(3) tax exempt organization, serves to inform and educate the public and public officials regarding issues related to the separation of religion and government. The Institute is not directly or indirectly affiliated with or sponsored by any religious or political organization. See Statement of Principle.

Salt Lake Organizing Committee's April 21, 1999 Press Release

SLOC'S April 21, 1999 press release (with emphasis added):

SALT LAKE CITY, Utah--The Salt Lake Organizing Committee for the Olympic Winter Games of 2002 (SLOC) will launch its Tree-cology Program on Earth Day, Thursday, April 22, at 10:00 a.m. at W. Russel Todd Elementary School in Fort Duchesne, Utah. The Earth Day celebration will also mark the unveiling of the environmental logo for the Olympic Winter Games of 2002.

In honor of the day, the Ute and Shoshone-Bannock Nations will perform the Bear Dance and the Chokecherry Dance. This will mark the first time these dances will be presented to the public. Other festivities include singing by Miss Navajo, Sevaleah Begay and 150 school children from the Duchesne, Uintah and Daggett County Schools. Third graders from W. Russel Todd Elementary School will plant a ceremonial tree.

Created to teach third-grade students the ecological benefits of tree planting, the Tree-cology program will supply trees to Utah's third-grade classes for planting in Spring of 1999, and deliveries will continue each fall until 2002. 'Our goal is to create Olympic Groves statewide, outdoor environmental classrooms where teachers and students can develop an appreciation for the beauty and function of trees,' said Diane Conrad, Director of SLOC's Environmental Programs. 'This program will reach nearly 40,000 students and is designed to benefit communities beyond 2002.'

The launch of the Tree-cology program marks the first time SLOC has left the Wasatch Front to unveil a major initiative. 'These are Utah's Games, and we want to reach the entire state. We invited Utah tribes to participate given the strong tie between nature and Native Americans,' said Conrad.

'Native Americans are taking great pride in the Tree-cology launch. Our language, prayers, our beliefs are all tied to the land," said Larry Blackhair, founder of The Native American 2002 Foundation which is partnering with SLOC in the event. 'We want to ensure authentic Native American representation at event leading up to and including the 2002 Olympic Games.'

Jana Linnel, a graphic designer of the SLOC Image Department, created the SLOC Environmental Department logo, entitled, 'Spirit of the Land.' Inspired by ancient Native American designs, the logo depicts tree branches expanding and growing with a sage green backdrop.

Tree-cology is one three major environmental programs designed by SLOC to promote tree awareness. Plant an Olympic Family Tree and Trees 2002 are the other two initiatives.

The address for W. Russel Todd Elementary School is Highway 40 in Fort Duchesne, Utah. For more information, contact Caroline Shaw or Frank Zang in SLOC Communications and Media Relations at (801) 212-2002."

April 22, 1999 Deseret News article, "Indians honor Earth every day," page B1

Extracts from April 22, 1999 article (with emphasis added):

"... 'From morning to dusk, from the prayers we say, everyday the Earth is part of us, part of who we are as Native American peoples,' said Drusilla Gould of the Shoshone-Bannock tribe from southeastern Idaho and a member of the Native American 2002 Foundation.

Gould and scores of other American Indians from Utah, Idaho, and Arizona were in the Uintah basin of eastern Utah on Thursday to celebrate the launch of a new environmental program by the Salt Lake Organizing Committee that will eventually result in the planting of thousands of trees at elementary schools across the state. ...

Explained Larry Blackhair, a member of the Ute tribal council and organizer of the event, spring is a time of celebration to native peoples.

'The Earth is sacred to us, and spring marks the rebirth of living things,' he said. 'Just as a bear awakens from its sleep, spring is an awakening.' ...

And the launch of the Tree-cology program was seen by Indian peoples as a recognition of the environmental values held dear by all native peoples.

Speaking for the Navajo Nation, Savaleah Begay, said she was taught by her grandparents to look at the Earth with all five senses and to never take the simple things the Earth has to offer for granted. ...

SLOC chose to launch its Tree-cology program on the Uintah and Ouray Ute Reservation because American Indian environmental values were those shared by the SLOC environmental program.

'There is a natural fit between Native American culture and environmental protection,' said Diane Conrad, director of the program. 'So much of their spiritual and physical life revolves around environmental protection.' ...

Conrad said trees were chosen as a major thrust of the 2002 Winter Games environmental program because of their historic role in human religion and mythology and because they clean air pollution, reduce erosion and improve water quality.

'Trees are sacred to many cultures around the world and throughout history,' she said, adding that tree-planting is an appropriate means by which the Winter Games can acknowledge both environmental protection and culture.

John Fowler, the chief Olympic officer to Gov. Mike Leavitt, agreed, noting that everyone of all faiths and throughout time has revered trees.

..."

Appearing with the article on the front page of the Deseret News B section was a picture of Ute Indian Clifford Duncan with hands raised blessing the proceedings with an Indian prayer.

April 23, 1999 Salt Lake Tribune Article, "Earth Day Unites Utes, Town for Sake of Games"

Extracts from the April 23 article (with emphasis added):

"...Ute, Shoshone-Bannock and Navajo performers danced and sang before an audience of more than 200 people. Matthew Andre, an American Indian singer, joined with Uintah Basin third-graders in performing his song, 'the Next Country Over.'

Savelaeah Begay, representing the Navajo Nation, performed a traditional song honoring the earth. The Snake River Singers and dancers from the Shoshone-Bannock tribe in Fort Hall, Idaho, performed a feast dance and buffalo dance, and the Red Spirit drum group and singers accompanied Ute dancers as they demonstrated an abbreviated version of the Bear Dance.

Some of the Dances have rarely been seen in public.

The Bear Dance, one of the most significant ceremonies of the Ute people, originated sometime before 1850. ...

Historically, the ceremony lasted from four to 10 days, with couples dancing in a large corral surrounded by a brush fence. ... The focus of the ceremony has changed from a hope for good hunting to a wish for the well-being of the tribe. ..."

Text of Prayer given by Rt. Rev. Carolyn Tanner Irish at the Earth Day celebration as reproduced in the (Episcopal Diocese of Utah) Diocesan Dialogue, May 1999, Vol. 10, No. 5, at page 5

Rev. Irish offered the following prayer during the Earth Day activities at W. Russel Todd Elementary:

Page 8 of the May 1999 Diocesan Dialogue included a picture of Indians dancing before a SLOC banner and a picture of Ute Indian Clifford Duncan and his grand-daughter blessing the ceremony. Next to the picture of Mr. Duncan and his grand-daughter were the words, "Earth Day began with two blessings. One by Bp. Irish, another by Clifford Duncan and his grand-daughter."

SLOC Tree-cology Bookmarks

Students at the Earth Day celebration were given bookmarks adorned with SLOC's environmental logo, a tree within a green background of Native American design, with the words, "SPIRIT OF THE LAND". The other side of the bookmark had several points about trees under the "Tree-cology" heading:

"- Trees are beautiful and bring great value to the area where we live and play.

- Trees help to protect the environment we live in.

- Trees clean the air we breathe.

- Trees help store and clean the water we drink.

- Trees give many animals homes.

- Trees help keep us cool when its hot.

- Trees give us a shady spot to sit.

- Trees are fun to climb and play on.

- Many trees provide medicines which help us get better when we are sick."

Meeting with SLOC Officers

On April 28, 1999, the Institute met with SLOC's Director of Environmental Programs and legal counsel regarding the Institute's concerns with the religious nature of SLOC's environmental program. The Institute asked if SLOC had plans to do similar ceremonies in all of Utah's schools. The Institute was advised that SLOC did not intend to repeat the Native American rituals in all other schools and that the Tree-cology program would simply involve having school children plant trees. The Institute provided literature to SLOC. At the conclusion of the meeting the Institute was given a copy of SLOC's April 21 press release and a "Spirit of the Land" bookmark.

Institute's Attempts to Speak to Officials at W. Russel Todd Elementary

The Institute made several attempts to speak to officials at W. Russel Todd Elementary in order to understand what occurred at the Earth Day ceremony. The Institute was referred to a teacher, Mrs. Allred, who refused to speak unless accompanied by a teacher's union representative. Principal Marilyn Martin did not return the Institute's subsequent calls.

Institute Obtains Text of Reverend Irish's Prayer

On May 25, 1999, the Institute learned that a Reverend Irish's Earth Day prayer was printed in the May 1999 Diocesan Dialogue of the Episcopal Diocese of Utah. On May 26, 1999 the Institute obtained a copy of the newspaper.

Institute's Telephone Call to Assistant Superintendent Dr. Bill Murphy

The Institute was able to speak with Dr. Bill Murphy, assistant superintendent of the Uintah School District on May 27, 1999. Dr. Murphy, apparently working from obtained information, stated that SLOC and the Ute Tribe had prepared the program. The Institute stated that it clearly appeared that the Earth Day ceremony was devotional in nature and that the Institute was aware of no lawful basis for Todd Elementary to sponsor a religious ceremony. Dr. Murphy concurred that he was not aware of any way to justify Todd Elementary's sponsorship of the ceremony under current Establishment Clause law.