Gay Today: World

Public Schools' 'Respect for the Creator' called Unconstitutional

Compiled by GayToday

Atlanta, Georgia-- Georgia Attorney General Thurbert E. Baker was asked to inform the state Department of Education here last week that public schools teaching students to have "respect for the creator" and displaying posters laden with religious messages as part of such instruction runs afoul of the First Amendment. The request was made by The People For the American Way Foundation (PFAWF) and the Atlanta law firm of Bondurant, Mison & Elmore, LLP.

Georgia Attorney General Thurbert E. Baker

PFAWF and the Atlanta attorneys sent Attorney General Baker a letter regarding the new Georgia character education law after the Department of Education requested a formal legal opinion concerning the constitutionality of the law insofar as it requires that students be taught to have "respect for the creator" in order to be of good character.

The new law requires character education to be taught in all school districts beginning this school year. The law identifies 27 character traits to be taught, including honesty, punctuality, fairness and tolerance. The law, however, also requires that students must be taught to have "respect for the creator."

"There is nothing wrong with character education per se," said Ralph G. Neas, president of People For the American Way Foundation. "Students can certainly be taught the importance of honesty, punctuality and tolerance. But it is improper and unconstitutional for the state to teach students to have a religious belief. The Georgia Attorney General should inform the Department of Education that character education cannot include teaching students to have 'respect for the creator.' "

The Department's request for a legal opinion from the Attorney General was made at the urging of the Lumpkin County School Board, which had planned to start teaching "respect for the creator" in September and to display throughout the school system posters prominently bearing the message "In God We Trust" and other religious messages as part of the instruction.

In mid-July, People For the American Way Foundation sent a letter to the Lumpkin County School Board on behalf of parents in the school district, warning of a potential legal action if the school board proceeded with its plans. Heeding the advice of its counsel, the Lumpkin County School Board asked the state Department of Education to seek an official opinion from Attorney General Baker as to the constitutionality of teaching students to have "respect for the creator" and using posters with religious messages as part of that instruction.

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People for the American Way Foundation

Georgia Attorney General

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In their eight-page letter to Attorney General Baker, PFAWF and the Atlanta attorneys asked that he inform the Department of Education that it would be unconstitutional for school districts to teach students that they should have "respect for the creator" as part of the new character education program and for school districts to display posters with religious messages in connection with teaching "respect for the creator."

"There can be no legitimate question that teaching students to have 'respect for the creator' endorses religion over nonreligion and crosses the required line of government neutrality toward religion," PFAWF and the Atlanta attorneys stated.

The letter also explained that it would be unconstitutional for any school district to display posters including the message "In God We Trust" and other religious messages in their schools to help teach "respect for the creator."

"When these words are directed at young school children in their schools and by their schools, they send an impermissible message of government endorsement of religion," the letter states.

If the Attorney General issues an opinion declaring that public school districts cannot lawfully teach students to have "respect for the creator" and cannot display posters containing religious messages as part of that instruction, he will hopefully avoid the need for Georgia parents to file lawsuits in order to protect their families' religious freedom and freedom of conscience.