Here’s what both sides in Encinitas yoga trial have to say about it

We just received a press release from the National Center for Law & Policy, the group that filed the lawsuit to halt the Jois Foundation yoga program in Encinitas schools.

Without comment or further adieu, here it is:

 

THE NATIONAL CENTER FOR LAW & POLICY NEWS RELEASE 

May 28, 2013 – FOR IMMEDIATE RELEASE 

CONTACT NCLP MEDIA RELATIONS:  (760) 747- 4529 

 

Yoga on Trial, Part II:  Sedlock v. Baird will resume June 24 & 25, 2013.   

 

SAN DIEGO, CA — Attorneys for the National Center For Law & Policy (NCLP) were

in court last week in a trial where the definition of religion and the close ties between

Hinduism and yoga were examined.  The trial will resume June 24 with more witness

testimony.  Closing arguments will occur June 25, and a statement of decision is expected

June 26, 2013.

The lawsuit is the result of the Encinitas Union School District’s (EUSD) decision to

accept $533,720 from the K.P. Jois Foundation in exchange for providing the religiously-

motivated organization access to the district’s young and impressible students in order to

test, prove, and nationally promote the feasibility of Jois’ “health and wellness” Ashtanga 

yoga curriculum.  The foundation’s reason for existence is to spread the “gospel” of

Ashtanga yoga by targeting children in public schools. The lawsuit seeks a writ of mandate

and injunctive relief to order EUSD to comply with the California Constitution’s religious

freedom provisions and a state education statue requiring EUSD to provide a mandatory

minimum number of physical education minutes.  The NCLP proudly represents

petitioners Stephen and Jennifer Sedlock and their minor children, who are students in the

district.

Religious Studies’ professor Candy Gunther Brown, who is the petitioners’ expert witness,

was on the stand for more than four hours.  Dr. Brown is eminently qualified to opine on

religious matters including yoga and has an A.B. (summa cum laude), A.M. and Ph. D

from Harvard. During her direct examination conducted by attorney Dean Broyles, Dr.

Brown defined religion, discussed Hinduism, and confirmed yoga’s direct connection to

Hindu, Buddhist, and Western Metaphysical religious beliefs and practices.  Professor

Brown specifically evaluated EUSD’s yoga program, which is based largely on Ashtanga

yoga, and expressed a very expert well-informed opinion that EUSD’s yoga program is

pervasively religious.  When the trial transcripts are available, we will post them on our

website so that a more complete and accurate picture can emerge regarding how powerful

and effective Dr. Brown was at trial.  Predictably, District representatives like

Superintendant Timothy Baird, in spite of the overwhelming evidence to the contrary,

continued to repeat the tired “it is not religious, trust us” mantra in the courtroom.

EUSD and Intervener (YES) attorneys Jack Sleeth and David Peck attempted in vain to

cross-examine Dr. Brown, only serving to strengthen her credibility and testimony.

Reading from the wrong website, attorney David Peck asked misleading questions

implying that a grant Dr. Brown received was from a Christian organization.  However,

the grant Dr. Brown received was actually from the John Templeton Foundation, which is

not a Christian organization.  Mr. Peck’s error was corrected in the story posted at

http://www.nbcsandiego.com.

Ms. Andrea Silver, EUSD’s purported “yoga” expert, was not qualified as a religious

studies expert as was Dr. Brown.  Therefore, Ms. Silver was limited to only testifying

about her personal experiences and personal beliefs about yoga.  On the stand, she

confirmed that she knew little about either Ashtanga yoga or EUSD’s yoga curriculum.

Under cross examination by Dean Broyles, she admitted that she was not an expert

regarding Ashtanga yoga and her testimony fell apart.  As the actual transcripts will reveal,

the relative quality of the EUSD’s and Petitioners’ experts could not have been more

pronounced.

“As a constitutional attorney with more than 18 years experience, I am very familiar with

nearly every important Establishment Clause opinion and I can say with full confidence

that EUSD’s program represents the clearest case I have observed of the government

advancing, endorsing, or promoting religion. In this case it is Hinduism and yoga, on one

hand, and inhibiting, disapproving, and discriminating against Christianity and other

religions, on the other,” declared NCLP president Dean Broyles.  “Furthermore, I have

never seen a starker example of government “‘excessive entanglement’” with religion as

has occurred in this case.”  EUSD’s yoga program represents a prime example of precisely

why in America we do not allow the government to pick religious winners and losers,

especially when you have a captive audience of very young and impressionable children as

we do in our public schools.”

“David Peck’s unfortunate approach to this case appears to employ misdirection by trying

to put Christianity on trial. I was deeply disappointed to see David engage in intolerant

name calling and attempt to fan the flames of anti-Christian bigotry, by arguing in his

opening statement that the “‘fanatical prism’” of extreme parents is irrelevant.  Concerned

Christian parents have raised legitimate First Amendment concerns about the yoga

program and deserve the same justice and respect in our courts as any other faith group.

“We appreciate the time and attention Judge Meyer is giving us to try this important case.

We will fight this case all the way to the U.S. Supreme Court if necessary.  Religious

freedom is not for sale.  We must not permit our children to be auctioned off by careless

public servants to the highest bidder, especially for Jois’ self-serving purposes of religious

experimentation and religious marketing.   It was wonderful to have the support of the

Alliance Defending Freedom (ADF) at trial in the form of the moral support and assistance

of ADF Senior counsel Bradley Abramson and ADF trained attorney and NCLP affiliate

attorney Robert Reynolds,” stated Dean Broyles.

The lawsuit does not seek money damages, but rather seeks to immediately suspend

EUSD’s religiously divisive Ashtanga yoga program and restore traditional physical

education to the district.

Please address all media inquiries to The National Center for Law & Policy.  We ask that

you respect the privacy of the Sedlock family, whose children’s names have been withheld

to protect their privacy.

The National Center for Law & Policy is a non-profit 501(c)(3) legal defense organization

dedicated to the protection and promotion of religious freedom, parental rights, and other

civil liberties. http://www.nclplaw.org

For comment, please contact The National Center for Law & Policy at 760-747-4529 or 

dcarter@nclplaw.org.   

I know the formatting is a bit wonky; it’s pulled from a PDF.

I suppose what jumps out is the way that Candy Brown and Andrea Silver’s testimony is portrayed. I believe commenters here have questioned Brown’s expertise on yoga, for instance.

The proponents at Yes! Yoga for Encinitas Students posted the following (I only post it all to balance out the above press release; I normally wouldn’t do so — if you want to learn more, please follow the link to their full site):

Three days of trial have now been completed in the yoga lawsuit Sedlock v. Baird, et. al.  And it’s not over yet.  While the parties had agreed this would be a two day trial, the plaintiffs’ case, as presented by attorney Dean Broyles, has dragged on and on.  Due to pre-planned vacation and trial schedules, the court has ordered a month-long hiatus in the proceedings.  Trial will resume on Monday, June 24 with testimony from the Sedlocks and EUSD assistant superintendent Dr. David Miyashiro.  Closing arguments will then proceed on Tuesday, June 25.  Judge Meyer has indicated that closing arguments will be critical to his decision and he may even render a preliminary decision from the bench that day.  CLG partner Dave Peck, who has been actively litigating the case on behalf of YES!, provides the following report:

DISPATCH FROM THE FRONT LINES:

Dear YES! Families:  First and foremost, thank you so very much for your support of the EUSD yoga program and our efforts to protect it.  Superintendent Baird, who has been at my side at counsel table throughout the trial, shares his gratitude to YES! for joining the fight.  And what a fight it’s been…..

Many folks scoffed at the notion of this lawsuit and predicted it would be quickly tossed out of court.  While such sentiments are understandable, most people seem to have underestimated plaintiffs’ resolve.  Mr. Broyles, his clients and other yoga opponents have devoted significant resources to this case.  For them, it’s a battle of good versus evil.  Right versus wrong.  They view us yoga supporters as naïve at best, blasphemous at worst.  During a break in the proceedings Jennifer Sedlock even referred to me as “the enemy” while passing in the court hallway.

Like many conspiracy-theorists, plaintiffs see a hidden and evil agenda at work in the school district.  They contend the overwhelming majority of us parents are just too blind to see it.  We naively view yoga as just a great exercise program for our kids.  That intended perception, in the words of plaintiffs’ retained religion expert Dr. Candy Brown, is just “camouflage.”  For example, changing the names of the yoga poses to kid-friendly terms is a camouflage tactic according to Dr. Brown.  She thus accused the school district of being complicit in such camouflage tactics.

According to Dr. Brown, the Jois Foundation is using EUSD yoga instructors as “foot soldiers” in furtherance of its Hindu agenda.  These instructors are being used, whether they know it or not, to make yoga look like a benign exercise.  Once kids/families buy-in to the physical and mental  benefits, and are thus “hooked” on the program, they will become vulnerable to religious indoctrination in more advanced yoga classes in their later years.  Dr. Brown even agreed with Judge Meyer when he commented that it sounded like she was describing yoga as a “gateway drug.”

I had the opportunity to vigorously cross-examine Dr. Brown.  She tended to avoid direct questions and gave many long-winded, esoteric responses.  Judge Meyer noted that Dr. Brown, who has a book on religion coming out this summer, seemed to be relishing her moment in the spotlight.  Her testimony was indeed akin to a doctorate level university lecture.

Dr. Brown testified that, in addition to yoga, she believes karate, tae kwon do (an Olympic sport), acupuncture and chiropractic care are each religious practices.  Citing a variety of suspect evidence, Dr. Brown opined that the EUSD yoga program is “pervasively religious” even though concepts of religion, spirituality, devotion, belief, etc. are not discussed in the classes.  In fact, she claimed that by stripping the program of all conspicuous religious content the district was engaging in further “camouflage” of the true Hindu agenda.  Even just posing one’s body in certain positions – without intent, words or conscious thought – constitutes religious practice according to Dr. Brown.  The inference was that these yoga poses have some magical, transformative qualities.  Importantly, there has been no evidence that anyone in the district believes the poses are supernatural and the kids are certainly not being taught such nonsense.

Plaintiffs have also made much ado about the Jois Foundation and its promotion of health and wellness.  Claiming the foundation is a thinly-veiled vehicle for Hinduism, Mr. Broyles and Dr. Brown suggested something sinister is at work in the district partnering with this organization.  As we have pointed out, however, the district has also partnered with the YMCA and Leichtag Foundation, organizations which respectively promote Christian and Jewish values.  While we ALL agree that religion has no place in the public schools, the mere fact that program funding is received from religiously-affiliated organizations has never been held unconstitutional.  In the eyes of the law it’s the programs which matter, not their funding sources.  (And to be clear, there is no evidence that the Jois Foundation seeks to promote some uniquely Hindu values.)

The character development portions of the health and wellness curriculum have also been scrutinized, with plaintiffs questioning why such things are being taught in P.E.  The suggestion, of course, is that such character teachings must have a religious slant.  Jen Brown, the EUSD yoga instructor at Capri (who was an excellent witness for our defense), pulled the rug out from under such arguments.  She explained at length how she occasionally teaches kids about kindness, cleanliness (“We wash our hands before we eat”) and empathy (“How would you feel if something mean was said about you?”).  In response to my questioning, Ms. Brown (Jen Brown, not plaintiffs’ expert Dr. Brown) acknowledged that no parents have ever complained about the content of the occasional character lessons.  Indeed, regardless of our respective religious beliefs, these character lessons are consistent with concepts we ALL want our kids to understand.

Jen Brown is a very experienced Ashtanga yoga practitioner and instructor who has studied extensively in India and elsewhere.  While plaintiffs have advanced repeated claims that Ashtanga yoga is inherently religious, Ms. Brown easily debunked such claims.  She credibly explained that, despite her years of Ashtanga exposure, she has never been taught anything about Hinduism or religion.  She further detailed the numerous ways in which the EUSD yoga program is wholly distinct from Ashtanga or any other form of yoga.  Indeed, all evidence supports that “EUSD Yoga”, as it’s been called during the trial, is its own unique kid-friendly style of yoga.  Even if Ashtanga yoga is perceived by plaintiffs to be inherently religious or spiritual, that’s NOT what our kids are being taught.  Even Dr. Brown, the plaintiff’s expert, conceded that Ashtanga requires strict adherence to a specific sequencing of poses which is substantially different from what’s being taught at EUSD.

Mr. Broyles grilled Jen Brown at length.  He suggested she worships the sun, and teaches students to do so, by performing a “sun salutation” yoga pose in which the arms are stretched upward.  Ms. Brown explained how the pose at issue, part of an “opening sequence” utilized in many forms of yoga, is simply an initial stretch of the back and shoulder muscles designed as a warm up for more challenging poses.  Broyles pressed on, seeking an admission that the yoga poses she teaches are not mere exercises but, in fact, a means by which she seeks to establish a “connection with the divine.”  Ms. Brown repeatedly testified she had no idea what Mr. Broyles was talking about.  In sum, she was impressive, engaging and sincere on the stand.  I suggest we all give Jen our thanks next time we see her.

Ultimately, the constitutional question to be resolved by Judge Meyer is whether, when viewed objectively by a student, the yoga program promotes or inhibits religion.  Notably, the “objective observer test” does not contemplate what a biased religious studies professor might perceive.  Indeed, after listening to Dr. Brown, I am convinced that she could find religious elements in virtually any activity our kids participate.  Noting her implication that religion is everywhere, Judge Meyer mused that perhaps all parents should simply home school their kids if there’s such a great concern about the slippery-slope influences of a public education.  The reality is that kids are not programmed to view stretching or exercise as religious – unless they are somehow pre-programmed to look at it that way.  Objectively, EUSD yoga is as secular as an aerobics class.

While there’s still more evidence to be offered during this trial, I really like our chances.  From both constitutional and common sense perspectives, the evidence is on our side.  Again, your support is greatly appreciated.

All the best,

Dave

Sound like the same trial to you? Sounds like different witnesses, at least. We’ll be back to it in June.

Posted by Steve

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theconfluencecountdown

Two Ashtangis write about their practice and their teachers.

4 thoughts on “Here’s what both sides in Encinitas yoga trial have to say about it”

  1. i wish there was a more rational discussion on this subject. Dr Brown seems to be someone who is obsessed with her pentacoastal/christian beliefs (some of the books she authored suggest that)
    As someone who strongly believes path is more important than destination – I feel sad that this debate (for whatever its worth, lets consider it to be a legitimate issue that many americans feel it needs to be addressed) has turned into name calling and fighting over religions as opposed to a rational real debate on how and why Yoga will infringe on a students right to freedom of religion.

    Sad sad day. I hope the Judge will consider all angles of this debate and give the kids a fair shake.

    1. I agree–it is quite sad to read these mischaracterizations of ashtanga. But I think ashtanga is not actually what is under attack, particularly since it is so misunderstood by those who brought this case to trial. It seems to me that what is really the target here is anything that is perceived as different. After reading NCLP’s divisive language, I think the trial has to more with xenophobia than anything else and was brought forth out of fear of something that is culturally unfamiliar, not out of a reasoned critique of ashtanga. I do hope this doesn’t undermine other yoga programs in schools, since I think there is much good work being done around the country that positively benefits students.

  2. I don’t understand why Jois Yoga Program used the witness they did she was completely not affective in arguing the non spiritual dimension of the program. Why didn’t they hire a phd in kineseology, MD in sports medicine etc. or a popular christian or Jew that also does yoga so they could argue it isn’t religious. I don’t know why but this whole argument has me playing

    I’m gonna write a little letter,
    Gonna mail it to my local Yogi.
    Yeah an’ it’s a jumpin’ little asana
    I want my yogi to do.
    Roll Over patanjali, I gotta hear it again today.

    You know, my temperature’s risin’
    The Prana is blowin’ a fuse.
    My heart’s beatin’ rhythm and blues
    And my soul keeps a-singin’ the Gaia Tree mantra
    Roll Over Patanjali and tell Krishnamacharya the news.

    I got the rockin’ chitta vritti nirodhah,
    I need a shot of enlightenment.
    I caught the rollin’ arthiritis
    Sittin’ down in padmasana review.
    Roll Over patanjali they’re rockin’ in two by two.

    Well, if you feelin’ like it
    Go get your lover, then reel and rock it.
    Roll it over and move on up just
    A trifle further and reel and rock with it,
    Roll it over,
    Roll Over Patanjali, dig these asanas too.

    Well, early in the mornin’ I’m a-givin’ you a warnin’
    Don’t you step on my yoga mat dude.
    Hey diddle diddle, I am playin’ my harmonium,
    Ain’t got nothin’ to lose.
    Roll Over Patanjali and tell Svatmarama the news.

    You know she wiggles like a glow worm,
    Bends like a pussy cat.
    She got a crazy chakra,
    Ya oughta see her mula bhanda lock.
    Long as she got a third eye the yoga wont never stop.

    Roll Over patanjali,
    Roll Over Svatmarama,
    Roll Over Krishnamacharya,
    Roll Over Patthabi Jois,
    Roll Over Yoga, dig these Western white dudes.

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