U.S. history documents banned because they mention God

CUPERTINO, Calif. — A Cupertino grade school teacher has filed suit against his district after being told he could not provide supplemental handouts, including the Declaration of Independence, to students because the historical documents contain some references to God and religion.

Stephen Williams, who is represented by counselors from the Alliance Defense Fund, filed suit against the Cupertino Union School District in late November after he said Patricia Vidmar, principal of Stevens Creek School, singled him out to submit all supplemental handouts for review before distributing them. The mandate did not include any other instructors, he said.

Williams was using the papers in conjunction with his lessons about American history.

“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. In addition, they have wrongfully applied their policy to only one teacher, who is a professed Christian.”

According to Williams, the documents rejected by Vidmar include excerpts from the Declaration of Independence, the diaries of George Washington and John Adams, the writings of William Penn, and various state constitutions.

“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.”

According to ADF, California Education Code allows “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.”

Local counsel Terry Thompson filed the case, Stephen J. Williams v. Cupertino Union School District, et al., in the U.S. District Court for the Northern District of California, Oakland Division.

In a Nov. 29 statement, school district officials deny that Willliams’ treatment was unconstitutional.

“The complaint alleges that defendants unlawfully interfered with his claimed constitutional right to distribute religious materials to fifth grade students,” the statement read.

“The district disagrees and believes that well-established constitutional principles relating to the separation of church and state must prevail. The district has not violated the constitutional rights of Mr. Williams or any other person. The district denies the allegations in the complaint and has referred the case to its attorneys. There are two sides to every story and the district looks forward to sharing all the facts in federal court—the forum selected by Mr. Williams.”

The statement went on to say that district policy is to adhere to the state framework for curriculum and to ensure that the material is age appropriate.

“When the facts surrounding this matter are shared in federal court, the District believes that all will conclude that the district has fulfilled its legal obligations to Mr. Williams and, most importantly, to the young children in his classroom,” the statement read.

God-free zone?
The principal’s actions brought swift criticism from the Christian Educators Association International, which represents educators in both public and private schools.

Finn Laursen, executive director of the Pasadena-based Association, said he was outraged that a public school would prohibit an educator from teaching from historical documents.

“I find it frustrating that so many of our well meaning administrators totally misunderstand the intent of the First Amendment, which meant to inhibit governmental interference in religious expression and not launch governmental roadblocks,” Laursen said. “The Establishment Clause was never written to establish a God-free zone in the public arena.”

Mr. Laursen, a former public school administrator said, cited the California Social Science Instructional Resources Evaluation, which allows such materials.

“The primary sources represent extensive variation and historical value in their nature and include, as appropriate to the content for a grade, materials such as documents, court decisions, speeches, debates, inaugural addresses, diaries, journals, slave diaries, excerpts from autobiographies, essays and religious literature,” the document reads.

“What next?” Laursen said. “Are we going to rewrite history because the word, ‘God’ is used in a document or text? It would be impossible to do an honest search into the history of this nation without uncovering a Christian Foundation intentionally engineered by our forefathers. That foundation is what makes us unique and should not be minimized or denied.”

McCaleb, the ADF attorney, agreed.

“ADF will continue to defend Christian teachers against discrimination by public school officials and will oppose historical revisionism that attempts to eradicate America’s religious heritage,” he said.

Published by Keener Communications Group, January 2005

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