Hemet, CA asked in Education Law and Civil Rights for California

Q: Can public schools assign reading material that contains Christianity fasting sacrifice practices??

This book has a A pastor telling a girl to starve herself to make his congregation believe God is with them, since they believe its the end of the world..she did the 40 day starvation.

She ended up dying as a result and quiet agonizing, as the book talks about her journey and the pain the community felt when she passed away.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: In the United States, public schools have the responsibility to ensure that the curriculum, including assigned reading materials, adheres to the principles of secular education as mandated by the First Amendment. This means that schools must avoid endorsing or promoting any particular religion or religious practices.

The scenario you described in the book, involving a pastor and a girl participating in a dangerous fasting ritual, could raise concerns. If the book is presented in a way that seems to endorse or promote specific religious beliefs or practices, it might be viewed as a violation of the Establishment Clause of the First Amendment, which prohibits public schools from promoting religious views.

However, if the book is used in an educational context where it is critically analyzed and discussed as a piece of literature, without endorsing the religious practices it describes, it could be permissible. The key is in how the material is presented and discussed. Schools have a duty to maintain a neutral stance on religion while fostering an environment where diverse ideas, including various religious practices, can be examined critically and objectively.

You might want to consider the specific context in which the book is being used, the age and maturity of the students, and the educational objectives being pursued. If the use of the book is challenged, the school's defense would likely hinge on these factors. The goal is to balance the educational value of the material with the need to maintain a religiously neutral environment in public schools.

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