Religious Diversity
In a written amicus brief, Acting Assistant Attorney General Bradley Schlozman argued in favor of a mother and son who were being threatened with legal and academic sanctions if they continued to attend religious observances during the school year (Scheidt v. Tri-Creek School Corp., 2005). The position of the Civil Rights Division of the U.S. Department of Justice was that Tri-Creek School's restriction allowing only one excused absence for a religious observance per school year violated the Free Exercise and Equal Protection Clauses of the First and Fourteenth Amendments, respectively, because it interfered with the mother's ability to confer a religious education to her son. In doing so, Tri-Creek was discriminating against the son and her mother due to their religious beliefs by threatening expulsion from school if the son continued to be absent during school for religious reasons. Tri-Creek tried to argue that the policy applied equally to all children and was therefore immune to judicial scrutiny, but the Assistant Attorney General pointed out that multiple excused absences were permitted for non-religious reasons. There was thus a bias against any religion requiring more than one absence per school year outside of the Christian Holiday schedule (e.g., Christmas).
The amicus brief by Schlozman laid out the government's interest in ensuring the free exercise of religion (Scheidt v. Tri-Creek School Corp., 2005). The solution proposed was to allow students who miss school days due to religious obligations to make up work missed, thereby meeting the academic obligations required by the state. In addition to the Constitutional arguments supporting the free practice of religion, the health benefits of adhering to a religious or spiritual practice cannot be understated. A large body of empirical evidence has accumulated over a period of decades which reveal a faith-based lifestyle or belief system is protective against a number of physical and mental ailments (reviewed by van Olphen et al., 2003). For example, van Olphen and colleagues (2003) revealed prayer reduced the risk of depression and African-American women struggling with asthma and arthritis cope better when they engage in religious activities. Social support networks available through churches were also protective against threats to health. Criminality among adolescents appears to be reduced by religious practices as well, except for substance abuse (Benda & Corwyn, 2014). Religion can therefore play a positive role in the lives of students and society as a whole.
As Tri-Creek discovered, public school systems must adopt policies tolerant to the free expression of religious identity and consistent with academic success. The difficulty of striking a balance between these sometimes conflicting goals is revealed when the Holy Day calendar for the main world religions are examined.
Table.
Holy Days for the 2014-2015 School Year (adapted from Charlotte-Mecklenburg Schools, 2013; Southern Methodist University, 2014).
Religion
Holy Day
Date(s)
Jewish
Rosh Hashanah
Thursday and Friday, September 25 and 26
Jewish
Sukkot
Thursday and Friday, October 9 and 10
Jewish
Sukkot
Monday-Wednesday, October 13-15
Jewish
Sheminin Atzeret/Simchat Torah
Thursday and Friday, October 16 and 17
Hindu, Jain, Sikh
Diwali
Thursday, October 23
Muslim
Ashura
Wednesday, November 5
Baha'i
Birth of Baha'u'llah
Wednesday, November 12
Jewish
Hanukkah
Beginning Wednesday, December 17, and ending Wednesday, December 24
Christian
Christmas
Thursday, December 25
Christian
Good Friday
Friday, April 3
Jewish
Pesach/Passover
Monday through Friday, April 6-10
Jewish
Shavout
Monday, May 25
Note: only Holy days falling on weekdays are noted. Holy days occurring during the summer break are excluded.
The above calendar (Table) is far from comprehensive. For example, the son of Mrs. Scheidt would have had 10 absences during the 2005-2006 school year due to religious obligations (Scheidt v. Tri-Creek School Corp., 2005). The Scheidt family belongs to the United Church of God, which requires its members to congregate at regional locations during seven annual Holy Days and the Feast of Tabernacles. A common policy among primary and secondary schools is to require parents to submit advanced notification of a religious event that will require a student's absence, rather than trying to establish a fixed schedule of Holy Days.
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