Facts

The Californians for Equal Rights Foundation's mission is to defend and raise public awareness on the cause of equal rights through public education, civic engagement and community outreach and it is dedicated to educating the public on the important constitutional principle of equal treatment. Following a multiyear development process, the State Board of Education adopted an Ethnic Studies Model Curriculum, a guidance document to help school districts develop ethnic studies curriculums. Parents and the Californians for Equal Rights Foundation filed a lawsuit against the State Board and others claiming that two "affirmations" contained in the document constituted "prayers" because they allegedly referenced deities in the ancient Aztec and Yoruba religions.

PLAINTIFFS' CONTENTIONS: Plaintiff parents argued that though defendants, the State and Board of Education, were trying to frame the affirmations as resources for secular instruction. Their inclusion was not being taught as poetry or history but rather the idea was to use them as prayers. The curriculum instructed students to chant the affirmations for emotional nourishment after lessons that were emotionally taxing for students or when student engagement appeared low. The Aztec affirmations at issue sought blessings from and the intercession of Aztec gods, the same deities that were invoked when the Aztecs worshipped with human sacrifices. Case law has specifically stated that these types of thanksgivings are inherently religious in character and even if it contemplates a secular objective, that does not change its religious nature. Specifically, they contended that defendants, including the Board of Education, violated the state constitution's Establishment Clause which prohibits the state from supporting a religion. Endorsing religious chants in the state curriculum disregards established constitutional principles that separate church and state.

DEFENDANTS' CONTENTIONS: Defendants denied liability. They argued that the two challenged affirmations were not intended to be, and would not reasonably be viewed as being, prayers and that the words contained in the affirmations that plaintiffs claimed to be the names of ancient gods actually signified secular concepts relevant to appropriate ethnic studies instruction. Defendants also pointed out that the model curriculum expressly instructed school districts to ensure that they "do not teach or promote religious doctrine." However, given the expense and uncertainty of protracted litigation, and in keeping with their commitment to ensuring appropriate treatment of religion in a secular public education context, Defendants negotiated a settlement.

Result

As a result of the settlement, the California Department of Education will promptly remove the two challenged affirmations from the Ethnic Studies Model Curriculum and will issue a public notice of such to all California school districts, charter schools and county offices of education. The department, along with the State Board of Education, also agreed not to encourage the use of the two challenged chants in California public schools. Finally, the Department will also pay $100,000 for the plaintiffs' attorneys fees. In exchange, plaintiffs will dismiss the lawsuit.