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‘Tis the season for legal questions

Each year, beginning about this time, I get several questions from teachers along these lines:

Can we sing Christmas carols in our school program?
Can I have a Christmas tree in my room?
What about a nativity scene? What about a menorah?
May I teach my students about Kwanzaa?

Contrary to what some believe, schools have not been made “religion-free zones” by either legislation or the courts.

While public schools may not teach religion, public school students may be taught about religion. The U.S. Supreme Court has recognized that many subjects, such as music, literature, history, art and social studies, cannot be taught without discussing the impact of religion. What is not permissible is proselytizing. For example, teaching about the conflict in the Middle East would be impossible without discussing the role of religion. However, you may not use that opportunity to promote one religion as being “right” or preferable. You may discuss the beliefs and teachings of each religion involved, but must give equal time to all and must present the beliefs in an objective fashion.

In the same way, public schools may teach about religious holidays and the religious aspects of those holidays. The secular aspects of a holiday may be celebrated, while religious aspects of the holiday may not. What does this mean in terms of the classroom?

You may teach a unit on religious holidays. In this unit, you may teach your students about Christmas and the reason for its celebration. You may also teach about Hanukkah and why it is celebrated. You may teach about Ramadan. You can teach the celebration of Kwanzaa. However, you must present this information in an objective way, without expressing preference for one over the other. Furthermore, you may display religious symbols while teaching this topic; however, once you have completed the unit, the symbols must come down. For instance, it is okay to have a menorah displayed while learning about Hanukkah, but you must remove it once you have left that topic.

In addition, it is permissible to have holiday parties in your classroom, but you must include only the secular aspects of the celebration. For example, you may have a Christmas party in your classroom. However, the party should not focus on celebrating the birth of Jesus Christ, but instead could focus on the ways Christmas is celebrated around the world. In this context, the display of a Christmas tree for the duration of the unit on religious holidays is acceptable, as would be an exchange of gifts, or Christmas crackers, as well as a discussion of Santa Claus and his various guises throughout different cultures. Similarly, you may have a Hanukkah celebration, with a menorah displayed and gifts exchanged. You may have a Kwanzaa meal. As long as you keep the celebration limited to the secular aspects of the holiday, there is no violation of “freedom of religion.” In addition, any student who wishes to be excused from celebrating a particular holiday should be allowed to do so.

Religious songs may be included in the study of music. School programs may include religious music, as long as religious music does not dominate the program. Dramatic productions depicting the Hanukkah miracle or the nativity are not appropriate.

Please remember that, in this article, my focus is on the broad legal aspects of religion in public schools. Your individual school districts may have policies that prohibit certain types of celebrations or may limit the scope of the curriculum. You must make yourself familiar with your district’s policies and follow those policies. For instance, if your district prohibits Christmas parties in the classroom, you should not have one. If your district prohibits teaching comparative religions, don’t teach that. If you have a concern about whether or not your district’s policies violate the law, contact your building representative, local president or UniServ director.

by Jacquie Shipma
MNEA manager of legal services and human resources