At some point soon, we should be reaching yet another “are we done yet, nope” moment in the years-long battle about the Encinitas school district running a yoga program.
On Friday, the lawyers for the opponents sent out news that the Appellate briefing was complete, meaning a three-judge panel now has all the info it needs to render a decision about whether the yoga program is legal.
It feels a bit like a ho-hum moment, but then today I saw that one of the groups that added their voices to the case — via a friends-of-the-court brief, the Pacific Justice Institute, is saying this:
The Encinitas Union School District (EUSD) is forcing children to participate in yoga classes. The Pacific Justice Institute (PJI) is fighting back.
The PJI filed a brief this week in support of a case that seeks to bar the Encinitas Union School District (EUSD) from pushing students into this unbiblical activity. The class, which is funded by an outside organization, teaches Ashtanga yoga which promotes the Yogic belief system of eight limbs–or eight goals which bring unity with God.
“By all means, Pacific Justice Institute is here to protect the religious rights of individuals and families,” said Brad Dacus, President of PJI. “This school district has essentially adopted a state religion and is forcing it upon our young children by requiring this class to be taken. These actions violate the fundamental right of parents to raise their children according to their beliefs, and they disregard the Constitution that this nation was founded upon.”
The trial court in Sedlock v. Baird stunned many in 2013 when, despite finding that yoga, including Ashtanga yoga, is “religious,” and that EUSD’s current yoga poses are “identical” to those taught by Ashtanga yoga, including the Surya Namaskara A/B, down the Hindu Solar god Surya, the court nonetheless ruled that EUSD did not violate the religious freedom provisions of the U.S. or California Constitutions. The decision lacks internal consistency because the court found that (1) yoga is religious, (2) EUSD is teaching yoga that includes religious practices, and yet (3) EUSD’s yoga program does not violate the Establishment clause’s prohibitions restricting the state from promoting religion or religious practices.
“No court in the past 50 years has permitted public school officials at school sponsored events to lead impressionable young students to actively participate in devotional religious exercises or practices like Ashtanga yoga’s Surya Namaskara,” declared NCLP president Dean Broyles. “Public schools may certainly objectively teach about religion because religion is historically and culturally important. And students are free to express their personal religious beliefs and practices at school. But the state itself is not constitutionally permitted to endorse or promote religion or religious practices at school sponsored events, as is now occurring in EUSD P.E. classrooms. Courts are especially sensitive to the coercive pressures involved when the state, because education is compulsory, leads young impressionable children with tender consciences through group liturgical/ritual religious exercises or activities—this prohibition would certainly include bowing to the sun god.”
Just to note: I say we’re heading to another “are we done yet” moment because this feels like it invariably will keep heading up the courts.
Posted by Steve