Since its inception, KARAMAH has contributed to the national discourse on religious freedoms and protections guaranteed by the First and the Fourteenth Amendments of the United States Constitution. Throughout the years KARAMAH has also worked diligently to raise the legal consciousness of the Muslim community, especially with respect to constitutional and civil rights through educational programs.
On Friday January 22, 2016, KARAMAH’s executive director Aisha Rahman moderated a teleconference with the American Bar Association entitled “Start the Morning with a Prayer: Religion in Schools.” The teleconference brought together speakers of diverse backgrounds and experiences to examine the religious and legal aspect of the issue of Religion in Schools and to highlight various stakeholder perspectives including students, teachers, experts and administrators. The speakers were: Dan Mach, Director of ACLU Program on Freedom of Religion and Belief; Engy Abdelkader, Co-Chair of the Religious Freedom Committee at the ABA Section of Civil Rights and Social Justice, Georgetown University Adjunct Professor, and Assistant Director of The Bridge Initiative; Richard Foltin, Co-Chair of the Religious Freedom Committee at the ABA Section of Civil Rights and Social Justice, and Director of National and Legislative Affairs at AJC (American Jewish Committee); and Lori Windham, Senior Counsel at the Becket Fund for Religious Liberty.
Mach presented on a very foundational legal issue. He established that despite the fact that religion in school remains a relevant topic, it is odd because there has been longstanding legal clarity on the issue for over 50 years by the U.S. Supreme Court. [1] Mach then turned to one of the most pressing issues for the Muslim American community today—the difference between the teaching about religion versus indoctrination of religion. Despite the fact that there shall always be a reluctance to cross the line into indoctrinating of children in one religion or another, it is clear that the students need to learn about different faiths. Many states, including TN, TX, and CO are pressing for social studies books to remove their chapters on Islam—Mach discussed this issue from a legal standpoint and also discussed the nuance between education and indoctrination. He cited that the reason why different groups are hammering this issue is a continuation of anti-Muslim sentiment that is plaguing the nation.
The panel then turned to Engy Abdelkader who focused her remarks exclusively on minority faith communities. Particularly, Abdelkader focused on the issue of religious accommodations. Unfortunately, it is too often that students not only do not ask for religious accommodations but feel uncomfortable asking for them. When looking at the laws regarding religion in schools, it is important to focus on neutrality, not hostility towards any religion. School officials should make effort to accommodate religious exemption, said Abdelkader. The Supreme Court held that students are not required to choose between practicing their faith and getting an education. Adbelkader then listed numerous accommodations that Muslim students have requested, such as dietary accommodations, dress code accommodations and holiday accommodations as well as the varying responses of school districts.
Speaking from the Jewish community perspective, Richard Foltin said that the debate over church and state gets most heated in schools because of their unique position to educate and socialize the next generation. He stated that this debate has been important due to the fact that the public school is a common meeting place for a diverse society. So when there is evidence of a particular religion being preferred over others and Jewish students are made to feel like outsiders – when they raise concern about state sponsored religious activities seeming preferred in schools, it remains a concern. Foltin stressed the need to accommodate students and teachers requesting accommodations for food, dress, and absence, as this entails respect for the diversity within this country.
Finally, Ms. Lori Windham spoke on the issue of teacher accommodations specifically with regards to the Sikh community and accommodations for religious garb. While many state laws banning religious garb have been disappearing, some are still there. This leads to the question of whether states can have laws that ban religious attire. Sikhs have 5 types of garb including uncut beard and hair, which can be an issue in places that require “clean-cut” appearance. Moreover, part of the religious garb includes a small knife, which is not sharp, but a knife nonetheless. Ms. Windham went through a constitutional law analysis of the case where schools ban weapons or a state makes a law banning certain religious garb. If certain activities place a substantial burden on the school, the school has to demonstrate a compelling interest and advance its rules by the least restrictive means, said Ms. Windham. Such regulations should be neutral and generally applicable – not targeted at a specific kind of religious practice.
As the debate regarding the place of religion in schools continues, KARAMAH will be working hard to make sure the right of Muslim students as well as teachers and administrators to free exercise of religion is preserved.
EN 
AR