gmmarti3@students.wisc.edu (Glenabah Martinez) writes:
> Kind of a long article from INDIAN COUNTRY TODAY (written by Katherine
> Saltzstein) but I felt compelled to send it along to those who may not
> have read it (permission from the publisher has been granted for
> transmitting this copyrighted story via the NAT-EDU mailing list):
>
> Albuquerque, NM - A request from American Indian high school seniors -
> backed by their parents - to wear traditional dress at graduation
> ceremonies has met with resistance from Albuquerque School District
> officials...
>
> Darva Chino, director of Indian Education for APS said there are about
> 250 American Indian seniors in the Albuquerque School district. She
> said the issue has come up at several public meetings, and she has
> contacted the Office of Civil Rights in Denver about the issue. An
> attorney in the OCR "said it's a First Amendment issue. The school
> district would win." Ms. Chino told the gathering that she had spoken
> with an attorney who "said the school district will prevail (if there's
> a lawsuit) because graduation is an activity that is not student
> instruction, it is a separate function. Students can still receive a
> diploma whether they go through a ceremony or not. It does not have a
> direct impact on instruction. It's not a mandatory function. It's a
> private function so a dress code can be set (by the district). "And if
> they offer this (dress code) deviation, they'd have to allow other grads
> to make similar requests. They're afraid it would be disruptive and out
> of control. "If it's challenged the district will prevail because
> nothing to do with instruction." ACLU Carolyn Abeita was unavailable
> for further comment...
>
> from INDIAN COUNTRY TODAY (April 21-28; pp. C5 and C6)
I am only an Italian Law School freshman, so my words should be taken
with utmost care, but, in my opinion, the OCR attorney's opinion doesn't
hold water.
The US Supreme Court case "LEE et al. v. WEISMAN, PERSONALLY AND AS NEXT
FRIEND OF WEISMAN (No. 90-1014)", decided June 24, 1992, stated that:
"Including clergy who offer prayers as part of an official public school
graduation ceremony is forbidden by the Establishment Clause" of the
First Amendment; you can read it yourself at:
http://supct.law.cornell.edu/supct/html/90-1014.ZS.html (the Syllabus)
or http://supct.law.cornell.edu/supct/html/90-1014.ZO.html (the Court Opinion).
This implies that such a ceremony is a public event held on public premise,
not a private function; therefore the whole of the First Amendment is
applicable.
This does not mean that the Albuquerque School District is doomed to lose
a lawsuit on wearing traditional native dress at graduation ceremonies; it
means that its prohibition can still be upheld if the school district
proves that it serves a substantial public interest, and it is not aimed
at chilling free speech (or free expression of one's thoughts).
Peter Horoschak (the school disctrict superintendent) has already made
his point: a public school cannot endorse anyone's ideas or ethnics by
allowing distinctive dressing; his opinion could be given some deference
by the Courts, but only a (Native) American attorney can judge whether
it could prevail or not.
Best wishes to all Native Students in Albuquerque - and all over the world.
-- http://yi.com/home/LaduRaffaele/"The early [American] colonists did not flee religious persecution so much as they wished to perpetuate religious persecution under circumstances more favourable to them".
Vine Deloria Jr., "Custer Died for Your Sins", ISBN 0-8061-2129-7