Religious Discrimination in US Public Education

A hundred years ago, almost all of the schools in America were religious establishments. Today, religion and public education cannot mix. Atheists and non-religious students enjoy all the freedoms guaranteed by the US constitution, while religious students are subjected to suppression and discrimination.

A high school in Michigan required a Jewish religious boy to remove his head covering in class, in violation of the student's purported freedom to observe his religious obligations without suppression from government representatives.

All public schools are closed during the Christian holiday season and on Martin-Luther-King day. To disguise the Christian favoritism during the Christian holiday season, students get what is called a "winter break". But, when a boy in Indiana missed several days of school to observe his religious holidays, he was threatened with suspension, and his mother was threatened with child-neglect charges. The school permitted only one excused absence per year for religious holidays, even though more days were permitted for secular reasons.

In 2001, the New York City Public School Chancellor, Harold Levy began to allow Muslim students to leave classrooms periodically during the day for prayer during the period of Ramadan (November 16-December 16). Special rooms that were set up by the schools were provided for these students. In response to this privilege, many Jewish and Christian students felt they had the right to designated prayer time as well during their respective holidays. The Chancellor canceled the Muslim's permit instead of offering the same rights to students of other religions (D'Agostino, 2001).

The US Supreme Court has listed "Secular Humanism" and "Ethical Culture" as two of several godless religions, along with Buddhism and Taoism [1][2][3]. Yet, Secular Humanism and Ethical-Culture principles are taught freely in US public schools, while all other religions are prohibited.

In the USA, public-school tuition is funded by the government. Property taxes are the primary source of this funding. Every child in America has the right to attend public school without paying a penny in tuition. All property owners have to pay school taxes regardless of whether they do or do not have children in school. Every tenant who rents a home also pays this school tax as part of the rent. There is, however, a class of parents with children in school who have to pay twice for their education. They pay the school tax like everyone else, and then, they also have to pay tuition for their children who attend a religious school. The anti-religious discrimination in USA public schools denies Jewish religious students equal access to free public education, unless they are willing to compromise their religious observance and values. Jewish religious students who do try to attend public school are subject to endless humiliation and intimidation. The only way Jewish religious students can attend public school is by hiding their religious observance and "blending in".

America has laws against sex discrimination. Yet, every public-school building in America has rooms into which boys or girls cannot enter strictly because of their gender. Bathrooms are the most expensive areas of a building to construct, yet, separate bathrooms are provided for boys and girls, despite the additional cost, so they don't have to compromise their feelings and values. Why should Jewish religious students have to compromise their feelings and values if they want to avail themselves to public education? The boy-scouts and the girl-scouts in America also receive government funding despite the gender-based separation. But, if Jewish religious students want gender based separation in a classroom, this will not be accommodated.

The government is quick to accommodate special needs of non-religious students or of Christian students during Christian holidays. Separate bathroom for boys and girls were probably the earliest such accommodations. Christian holiday seasonal breaks are another form of such early accommodations. How many public schools with Jewish students are closed during the Jewish holiday season?

Then, came handicap accommodations. Accommodating handicapped students is a very expensive requirement which requires schools to spend a lot of money on special accessibility construction. The guiding principle is "equal access". Schools are prohibited from saving money on handicap accommodations. At the same time public schools are prohibited from spending a single penny to accommodate the special needs of Jewish religious students to allow them equal access.

One Jewish community did not give up. The local Jewish schools asked their town for funding. The town refused and said that the Jewish children are welcome to attend the local public schools. So, all the Jewish students in town showed up at the local public schools. The schools were overwhelmed by the number of students for which they were not prepared, and begged the Jewish community leaders to take the Jewish children away. Nobody asked black students or Christian students to give up their spaces in the public schools to accommodate the Jewish students. The Jewish leaders agreed to take the Jewish children away on condition that the town funds their tuition costs. This time, the town agreed.

In a landmark decision, in 2002, the US Supreme Court (Zelman v. Simmons-Harris, 536 U.S. 639) permitted the use of school tuition vouchers in religious schools. This landmark decision opened the door to elimination of religious discrimination in US public education, by allowing religious students to attend private schools which conform to their religious needs. But, in public schools, the doors are still practically closed.

References

  1. "Among religions in this country which do not teach what would generally be considered a belief in the existence of God are Buddhism, Taoism, Ethical Culture, Secular Humanism, and others.". Torcaso v. Watkins, 367 U.S. 488 (1961)
  2. http://en.wikipedia.org/wiki/Secular_humanism
  3. The tax status of Ethical Societies as religious organizations has been upheld in court cases in Washington, D.C. (1957), and in Austin, Texas (2003). The Texas State Appeals Court said of the challenge by the state comptroller, "the Comptroller's test [requiring a group to demonstrate its belief in a Supreme Being] fails to include the whole range of belief systems that may, in our diverse and pluralistic society, merit the First Amendment's protection."
    http://en.wikipedia.org/wiki/Ethical_Culture