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Decision Reflects Limited Success In Hindu Challenge To California Textbooks

By Howard M. Friedman

California Parents for the Equalization of Educational Materials v. Noonan, 2009 U.S. Dist. LEXIS 15889 (ED CA, Feb. 26, 2009), is the latest in a series of state and federal decisions involving challenges to the process and substance of 6th-grade social science textbook changes adopted in 2005-2006 by the California State Board of Education. (See prior posting.) At issue is the manner in which Hinduism is portrayed, and the controversy to some extent reflects differences between groups within the Hindu community. In this California federal district court lawsuit, a group of Hindu and Indian parents (CAPEEM) claimed that the adopted textbooks portray Hinduism in a discriminatory and denigrating manner. The court rejected most, but not all, of the challenges filed by CAPEEM.

The court held that CAPEEM lacks standing to bring an Establishment Clause claim charging unlawful Christian and Jewish indoctrination of students since that was not one of CAPEEM's organizational purposes. It also lacks standing to challenge the text book portrayal of religions other than Hinduism. However, the court found that CAPEEM does have standing to complain about the treatment of Hinduism in textbooks and to challenge disparate treatment in the textbook adoption process. On the merits, the court rejected plaintiff's Establishment Clause and equal protection challenges to the portrayal of Hinduism, and plaintiffs' claims that their speech and association rights were infringed. However the court held that plaintiffs survived a summary judgment motion on their equal protection challenge to the textbook adoption process.

Full post as published by Religion Clause on March 04, 2009 (boomark / email).