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Additional info for A Teacher's Guide to Education Law - 3rd Edition
4 RELIGIOUS AND MORAL OBJECTIONS TO COURSE CONTENT AND MATERIALS The last section considered objections to prayer and other traditional religious prac tices in the school. This section addresses the issues raised by the teaching of courses, theories, or topics and the use of materials claimed to promote or denigrate religious beliefs or practices. Plaintiffs may argue that the Establishment Clause prohibits shap ing the curriculum in accordance with religious doctrine, for example, by prohibiting the teaching of evolution or requiring creation science.
56 Despite these rul ings, some school boards and schools have adopted policies banning all mention of the supernatural in the classroom. Such a ban may be legally impermissible if its purpose is to make the curriculum consistent with religious beliefs. The question becomes more complex if students are asked not merely to read, but to participate in ceremonies or rituals. One federal district court concluded the Establish ment Clause was violated when as part of an "Earth Day Ritual" students were asked to construct a structure that the court said was equivalent to an altar and to participate in a ceremony at which the teacher said, "We came from the earth, we are part of the earth, we are all involved in this cycle.
Whereas the Cornwell plaintiffs sought complete elimination of sex education from the school pro gram, other parents have tried to exempt only their own children. In Valent v. New Jer sey State Board of Education,60 the court rejected the argument that required instruction in sex education violated plaintiffs' free exercise rights. A 1995 case involved an "AIDS awareness program" that included frank and graphic discussions of various sexual and other bodily functions and an emphasis on "safe sex" rather than abstinence.