Clever v. Cherry Hill Township (1993)
Court Decisions on Religious Liberty
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Background Information
Taxpayers and parents in Cherry Hill, New Jersey, challenged the policies of the Cherry Hill Board of Education which regulated the use of "cultural, ethnic, or religious themes" in educational programs. Specifically, the plaintiffs objected to the use in schools of calendars which marked special religious holidays with specific religious symbols rather than simply the names of those days. They also objected to the use of religious symbols in Christmas displays erected in classrooms and/or central areas.
Court Decision
The New Jersey District Court ruled on December 2, 1993 that religion is an acceptable subject of study in schools and that the use of religious symbols to teach about religion must be treated as a normal and constitutional activity - including on the occasion of religious holidays. According to Judge Joseph E. Irenas:
Religion is a pervasive and enduring human phenomenon which is an appropriate, if not desirable, subject of secular study. It is hard to imagine how such study can be undertaken without exposing students to the religious doctrines and symbols of others. Plaintiffs protest that the calendars and central displays are not part of "a planned program of instruction," but the use of appropriate classroom and central displays is clearly a recognized and legitimate educational technique.
In his decision, Irenas underscored the importance of studying various religious traditions in a nation as culturally diverse as the United States - however, it is not clear whether the schools themselves actually engaged in much study of different minority faiths or if they simply "studied" the religious traditions of the majority and which most students would already understand.
Irenas also pointed out that there were a number of important factors which caused the use of religious symbols to be permissible: they occurred in a generally secular context, the displays were only erected for a short period of time, they were passive (no students were expected to participate in anything religious), and there was an absence of any preference for any particular denomination.
Significance
This decision clearly allows for public schools to include specifically religious aspects to the observance of or teaching about religious holidays. Thus, teaching about the history of Christmas or Hannukah can be accompanied by Christian or Jewish symbols. As Judge Irenas noted, it would be very difficult to teach such subjects without religious symbols ever appearing in any fashion.
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