Dear Friend,
Last week, Nick mentioned we would be filing an amicus brief with the U.S. Supreme Court. In fact, American Atheists filed briefs this week in two cases that could each have profound effects on public education.
In Oklahoma Statewide Charter School Board v. Drummond, we’re leading a coalition of secular groups calling on the Court to reject the use of public dollars for religious schools. The American Humanist Association, Secular Student Alliance, Secular Coalition for America, and Center for Inquiry all signed on to our filing.
This case is a clear attempt to force taxpayers to foot the bill for religious schools that can – and do – discriminate and indoctrinate. It is an all-out attack on public education, on the separation of religion and government, and on the U.S. Constitution.
Across the nation, 90% of students attend public schools. Americans have repeatedly and resoundingly said they support conventional public schools; do not approve of funding religious schools with taxpayer dollars; and want charter schools to play by the same rules.
Parochial schools aren’t held to the same rigorous requirements as public schools, though. Laws that govern public schools in terms of nondiscrimination protections, accommodations for students with disabilities, financial transparency, curricular standards, data collection, testing, reporting, accountability, and public oversight do not apply. Plus, we know that when the public coffers are opened to private schools, they can — and will — raise their tuition to continue pricing out students they don’t want. How charitable!
But public revenue is a finite and fickle resource. When we use taxpayer dollars to subsidize discriminatory religious schools, we defund the inclusive and secular schools that serve the vast majority of students. Fewer resources means fewer teachers, fewer courses, fewer extracurricular programs, and a degradation of both physical infrastructure and the quality of education students receive.
Should the Court approve of public funding for religious schools in Oklahoma v. Drummond, their ruling would drastically erode church-state separation and dramatically alter our longstanding understanding of the First Amendment. One of the most foundational principles of religious freedom is that the government must not compel any citizen to pay for another’s religion because doing so would amount to state-sponsored religion.
Such an egregious entanglement of church and state would not only endanger nonbelievers’ rights but also threaten the religious freedom and autonomy of faith-based entities. American Atheists firmly believes public dollars should only be used to fund educational systems that benefit all children, regardless of their beliefs, background, or need for accommodations.
American Atheists, along with the Secular Student Alliance and the Secular Coalition for America, are also urging the Court to defend public education and students’ rights in Mahmoud v. Taylor. In this case, parents are demanding an unprecedented ability to opt their children out of any and every school lesson they consider to be in conflict with their religious views.
They claim that because the school district didn’t provide them an opportunity to opt out of potential lessons using a list of storybooks that featured LGBTQ+ characters, they had to send their children to costly private schools. The parents’ argument, stripped of spin and obfuscation, is that they believe the government unconstitutionally burdens their free exercise of religion when it provides free, nonsectarian education to the community and allows private, sectarian entities to provide a similar service but the religious ones choose to charge tuition.
Of course, parents and guardians do have the right to send their children to private schools. The state imposes no penalty, fine, or fee or anyone who chooses a school that fully comports with their religious beliefs. Parents and guardians have the right to make that decision concerning the upbringing of their children.
However, parents’ rights do not — and must not — include deciding what’s “appropriate” for all families, nor do they supersede the individual rights of students and teachers. And never before have religious beliefs afforded folks carte blanche veto power over elements of public school education.
Suffice it to say, requiring teachers to pre-clear every lesson with every parent is untenably restrictive and would lead to chaos in classrooms. Permitting parents to impose their personal objections would undermine the core mission of public education: to provide an inclusive, equitable, and high-quality education that is reflective and respectful of the diversity of students they serve.
Should justices side with the parents in Mahmoud v. Taylor, their decision would not only place unreasonable burdens on teachers and school administrators, but also erode students’ rights to an accurate and well-rounded education.
To name a few examples, a “young Earth” creationist couple could object to any history or science lessons that acknowledge evolution or events that occurred more than 6,000 years ago. A Christian Scientist parent could take issue with any instruction regarding the germ theory of disease. And a Mormon family could opt their kids out of significant portions of American History courses. These situations would make planning for instruction and testing a practical impossibility.
Together, these two cases stand to have profound effects on our country’s public education system. Both are overt attempts by Christian Nationalists to sabotage secular schooling in favor of religion — demanding access to public funds and veto power over any lesson they don’t like. American Atheists is fighting back: By filing these briefs, we’re urging the U.S. Supreme Court to protect public education, defend students’ rights, and maintain the separation of religion and government.
Sincerely,
Geoffrey T. Blackwell
Legal Director
American Atheists is a 501(c)(3) non-partisan, nonprofit educational organization that relies on the support of members like you. Contributions are tax-deductible. Our Federal Tax ID Number is 74-2466507 and our Combined Federal Campaign number is 52217.
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