Thomas More Law Center News Alert
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Mother’s Eight-Year Odyssey Challenging Islamic Indoctrination in
a New Jersey Middle School Reaches the U.S. Supreme Court
WASHINGTON — Libby Hilsenrath’s eight-year odyssey to protect her son from what she considered unconstitutional religious indoctrination has reached the final chapter. Last week, the Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan, filed a Reply Brief on her behalf — the final written plea to the U.S. Supreme Court to reverse lower court decisions which affirmed Chatham Middle School teaching seventh grade students: “May God help us all find the true faith, Islam.”
Libby Hilsenrath, reflecting on the uncertainty of the High Court’s weighty decision, commented: “This is the path God has chosen for me, and whatever happens is in His hands. Regardless of the outcome, I will continue to fight for the education of our children because they are the future of our country.”
The Crucible of Conflict
Eight years ago, when Mrs. Hilsenrath first voiced her legitimate concerns as a parent that the school was subjecting her son to religious indoctrination, little did she know that she was about to face a crucible of conflict. Throughout those eight years, she has endured constant vicious public attacks by the school board and from her own community.
What started as her legal battle on behalf of her son has now become a battle of great consequence to public schools across the country as well as to the millions of parents and their children attending public schools.
The lower courts that heard Mrs. Hilsenrath’s case affirmed the middle school’s lessons under the new test announced in Kennedy v. Bremerton School District which instructed courts that they must refer to “historical practices and understandings” whenever considering a violation of the Establishment Clause.
Seventh grade students at Chatham Middle School were directed to watch a 5-minute Intro to Islam video, filled with purely Islamic religious beliefs presented as facts during a mandated class in World Cultures and Geography.
Students were also directed to take notes as they watched the video proclaim:
* “Muhammad (Peace be upon him) is the last & final Messenger of God. God gave him the Noble Quran.”
* “What is the Noble Quran? Divine Revelation sent to Muhammad (S) last Prophet of Allah. A Perfect guide for Humanity.”
* “The Noble Quran: Guidance, Mercy and Blessing for all Mankind.”
* “The Noble Quran: Without any doubt and an eloquent guide from Allah.”
* “The Beautiful Quran: Guidance for the wise & sensible.”
* “Islam: A shining beacon against the darkness of repression, segregation, intolerance and racism . . .”
The video ends with a call to conversion: “May God help us all find the true faith, Islam.”
No similar proselytizing videos involving any other religion, such as Christianity and Judaism, were presented to the students.
The lower court decisions affirming the middle school’s lessons on Islam are inconsistent with previous Supreme Court opinions that gave parents and students broad protection from subtle coercive pressures in school settings under the Establishment Clause. The Kennedy opinion never overruled those cases.
The Reply Brief argued that the “Establishment Clause prevents schools from advancing religious views that may conflict with the private beliefs of the student and his or her family.” The Hilsenrath case presents important unanswered questions about the proper Establishment Clause test to apply in the public-school context after the Kennedy decision.
Lower courts have struggled to determine whether Kennedy articulated a new Establishment Clause test, what that test is, and what impact, if any, that test has on the long-standing Establishment Clause precedents which safeguard parents and their students against coercion in public schools.
Only the Supreme Court can resolve the lower courts’ confusion and confirm the heightened protection parents and students enjoy under the Establishment Clause in the public-school setting.
The recent case of Mahmoud v. Taylor decided after the Third Circuit’s ruling, confirms “the right of parents to direct the religious upbringing of their children.”
Click here to see 5-minute “Intro to Islam” video ([link removed])
Click here to read the Reply Brief ([link removed])
The Thomas More Law Center, a national nonprofit public interest law firm based in Ann Arbor Michigan, is committed to upholding American values rooted in Judeo-Christian heritage protecting free speech and religious freedom, the sanctity of life, and a free and independent United States. It does not charge for its services. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org ([link removed]) .
Please consider a donation to the Thomas More Law Center to help us defend
the rights of parents to guide the religious upbringing of their children.
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