Is Declaration of Independence unconstitutional?
School district sued for censoring founding documents, state constitutions
Posted: November 23, 2004
11:38 p.m. Eastern
2004 WorldNetDaily.com
In a season typified by lawsuits against manger scenes, crosses and even the
words "Merry Christmas," a California case is taking the "separation of church
and state" one step further – dealing with whether it's unconstitutional to
read the Declaration of Independence in public school.
Attorneys for the Alliance Defense Fund filed suit Monday against the Cupertino
Union School District for prohibiting a teacher from providing supplemental
handouts to students about American history because the historical documents
contain some references to God and religion.
"Throwing aside all common sense, the district has chosen to censor men such as
George Washington and documents like the Declaration of Independence," said ADF
Senior Counsel Gary McCaleb. "The district's actions conflict with American
beliefs and are completely unconstitutional."
Patricia Vidmar, principal of the Stevens Creek School, reportedly ordered the
teacher, Stephen Williams, to submit his lesson plans and supplemental handouts
to her for advance approval. Aside from Williams, a Christian, no other
teachers were subject to the advance-screening requirement, says the ADF.
Just what documents did Williams submit that were deemed unfit for the school's
students?
"Excerpts from the Declaration of Independence, the diaries of George
Washington and John Adams, the writings of William Penn, and various state
constitutions," said the public-interest law firm representing Willliams.
"Less than 5 percent of all of Mr. Williams' supplemental handouts distributed
throughout the school year contain references to God and Christianity," McCaleb
said. "The district is simply attempting to cleanse all references to the
Christian religion from our nation's history, and they are singling out Mr.
Williams for discriminatory treatment. Their actions are unacceptable under
both California and federal law."
California's Education Code does allow "references to religion or references to
or the use of religious literature … when such references or uses do not
constitute instruction in religious principles … and when such references or
uses are incidental to or illustrative of matters properly included in the
course of study."
The case, Stephen J. Williams v. Cupertino Union School District, et al., was
filed in the U.S. District Court for the Northern District of California,
Oakland Division.
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