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The information on this site does not constitute legal advice and is for educational purposes only. If you have a dispute or legal problem, please consult an attorney licensed to practice law in your state. Additionally, the information and views presented on this blog are solely the responsibility of Justin Bathon personally, or the other contributors, personally, and do not represent the views of the University of Kentucky or the institutional employer of any of the contributing editors.

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Monday
Dec062010

Know your Community this time of Year

This time of year there are usually lots of news stories out there about possible Establishment Clause violations in schools. A few years ago we even turned them into a game, although I guess we learned our lesson not to repeat that. And, on schedule, the first of the new stories this year are beginning to come in. This one, from Ames, IA and Scott McLeod about a "Winter Tree" being taken down

We've had that debate and if you are a regular reader you know that I am fine with Christmas trees in classrooms. They have crossed some undefined boundary to me from religious symbol to secular cultural symbol.  But, not everyone agrees. Thus, the key in these instances is to know your communities. Obviously, Ames being a liberal college town is going to have less tolerance for Christian symbols during the holidays. Some rural Kentucky towns around me want those symbols, so it is all relative for you school administrator types out there. 

So, while we lawyers fight over secularity, the Lemon test, etc ... just do what you think is best by your community and most of you should have a fine (and quiet) holiday season. 

Reader Comments (27)

Mary Beth - Thanks for chiming in with that. Everyone else, you can probably skip everything I've written and just read her comment - it does a better job of putting faces to the concern.

December 17, 2010 | Unregistered CommenterKarl Fisch

Meredith, we also have St Patrick's Day, St Valentine's Day - both may have ties to religious figures, but no one now would argue that the holidays or the symbols associate with each are Christian. Or, maybe they would. I could be way off. I don't know... I suppose we should also be careful of celebrating those as well.

If my kids went to an all Muslim school, and we lived in a nation of Muslim majority, and the school celebrated Eid, would I forbid my kids from exchanging gifts? Would I let them participate? Would I want them to participate and Then talk to them about what the Muslims were celebrating? I don't know. Would being a minority strengthen our own beliefs and convictions or make us feel as outsiders?

Schools are government institutions, but as Justin pints out, they are also reflections of their community - a group of imperfect people who must learn to live with and love and support and defend and learn from each other. It does not happen in a sterile environment. Law doesn't bring healing. It may draw a line, but the people of the community must decide how to come to terms with one another. That's why Justin says, I think, that principals should do what is best for their community.

And communities share, develop, and adapt their cultures. Culture is always in a state of flux. Nothing alive is static.

And now I have no idea what I'm saying, which means I should stop... :)

December 17, 2010 | Unregistered CommenterJarrod
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