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Memorandum of Law 5
INCOMPLETE Last update 8/7/04
This document is not fully Sheperdized and will be updated, pure rough form

continued from page 4

Public education would be loathe to recognize pluralist beliefs as a "religion" because it would be instantly recognized to violate the Establishment Clause of the Constitution. There are no benefits such as 501 status to compel the DOE to disclose the obvious: Pluralism has acquired all the necessary components of religion: structure, goals, mission, beliefs and funding are already established. It IS a religion, a belief system of moral and ethical standards as to what is right and wrong which are sincerely held BEYOND the strength of traditional religious views," regardless of claims to the contrary.

There are over 100 different books at the Cal-Poly University library when searching for "Pluralism and Education." The titles are clear evidence of the belief network of pluralism, with titles like [insert list]

Although the removal of pluralism would be a tremendous undertaking, the fact that it has become so entrenched in public education is the very reason that it MUST be removed. Pluralism, the Established Religion of Academia, has become so pervasive as to affect every classroom in America. By the measure that Pluralism pervades America is the measure that our Constitutional rights have been violated. Pluralism defies both the Establishment Clause as well as the Free Exercise Clause. Children CANNOT be mandated to violate their own religion to speak words of worship to other gods under the pluralist banner or be covertly reprogrammed with philosophical manipulation to destroy faith. It is a total violation of free exercise, especially if it is ruled appropriate through the process of pluralism, establishing and inflicting a new religion over their own. The efforts of pluralism to diminish faith in all religions, to apply critical thinking, to reason out matters of individual religious freedom, to forcibly impose the establishment of its own pluralist morals and beliefs is an outlandish violation of the religions freedom guaranteed every American in the Constitution.

Pluralism is shown to be a thinly veiled humanist approach to all religions as outlined in California’s textbooks and the History-Social Science Framework for California Public Schools: Kindergarten through Grade Twelve (2001). These guidelines are mandated requirements for a teaching credential today: http://www.ctc.ca.gov/default.html

In the Social Science Framework, "critical thinking" is categorically directed to Social-Science classes which dedicates a heavy emphasis on religion. "Intense religious passions" are shown to be approached with hostility:

These may be lofty goals in areas of education, but NOT religion. The "sound reasoning" as determined by public school officials favoring secular humanism, proved to denigrate Christianity. The Framework states:

"To detect bias in print"

California textbooks are loaded with previously undetected bias favoring Islam while denigrating Christianity and Judaism. (Exhibit B & C)

"To recognize illogical thinking"

As defined by pluralists.

"To reach conclusions based on solid evidence"

This is the opener to attack faith. (We walk by faith not by sight).

"To guard against propaganda"

California textbooks could be used as examples of propaganda, not religion.

"To think critically, creatively, and rationally."

This is the imposition of pluralist ideals and beliefs.

Religion is the one subject that should be "hands off" to pluralist programming seeking to evolve as the new religion of all students.

Indeed, public education’s consistent and careful artifice is itself evidence that they know they are violating religious freedom and faith of the individual. Judge Hamilton’s ruling echoes a proclamation of the pluralist: "This hypothetical observer is informed as well as reasonable; we assume that he or she is familiar with the history of the government practice at issue." Eklund v. Byron County School District

It is clear and evident that the "government practice at issue" is in violation of the Constitution. We walk by faith not by sight. Demanding a defense of children in public education for their faith, being led to humanist pluralist conclusions is a direct assault on freedom. Regardless of the outcome, this case must be made. God’s description of these times are dark, but the words must still be heard, and the battle belongs to the Lord.

To be various documents showing pluralist beliefs such as the article on Stanford’s Philosophy Encyclopedia

To be excerpts from Objections to Islam at BlessedCause

To be excerpts from Objections to A Message of Ancient Days

To be copy of Cuesta requirements

The EEOC defines religious practices as including "moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views." 29, C.F.R. § 1605.1; 42 U.S.C. § 2000e-(j). Religion under Title VII is broadly defined as including "all aspects of religious observance and practice, as well as belief…."

Religious beliefs need not be universally held within religion in order to qualify as religious or in order to be entitled to protection; 29 CFR § 1605.1. Thomas v. Review Board of Indiana Employment Security Division, 450 U.S. 707, 715-16, 25 EPD 31.622 (1981) EEOC Notice N-915.022

Congress of the United States of America March 27, 1854, received the report of Mr. Meacham of the House Committee on the Judiciary:

"What is an establishment of religion? It must have a creed, defining what a man must believe; it must have rites and ordinances, which believers must observe; it must have ministers of defined qualifications, to teach the doctrines and administer the rites; it must have tests for the submissive and penalties for the non-conformist. There never was as established religion without all these..."

EEOC Notice N-915.022: The Commission defines religious practices to include moral or ethical beliefs as to what is right or wrong which are sincerely held with the strength of traditional religious views. (29, C.F.R. § 1605.1) This is adopted from the Supreme Court's determination in Seeger that religion need only be "(a) sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by ... God [in other religions]." (Commission Decision No. 76-104) The only limitations on a belief protected under Title VII are that it must be religious as opposed to social, political, or economic in nature (Seeger, 380 U.S. at 173; see also United States v. MacIntosh, 283 U.S. 605) and it must be sincerely held. (United States v. Rasheed, 663 F.2d 843, 847 (9th Cir. 1981)

INA: Act 337 – Oath of Renunciation and Allegiance The term "religious training and belief" as used in this section shall mean an individual's belief in a relation to a Supreme Being involving duties superior to those arising from any human relation, but does not include essentially political, sociological, or philosophical views or a merely personal moral code. Aliens and Nationality Sec. 337. [8 U.S.C. 1448]; ." 81 Stat. 104; War and National Defense: 50 U. S. C. App. § 456 (j) (1964 ed., Supp. IV)

The Commission defines religious practices to include moral or ethical beliefs as to what is right or wrong which are sincerely held with the strength of traditional religious views. (29, C.F.R. § 1605.1) This is adopted from the Supreme Court's determination in Seeger that religion need only be "(a) sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by ... God [in other religions]." (Commission Decision No. 76-104) Even those religious beliefs that others may find "incomprehensible or incorrect" are protected under Title VII. Therefore, an employer may not judge the veracity or reasonableness of the religious beliefs of an employee. A religious belief or practice need not be based upon a traditional religion and does not have to be a belief held as tenet by others of the same religion. Moreover, the Commission has held that protected religious belief also includes the freedom not to believe. 16/ The only limitations on a belief protected under Title VII are that it must be religious as opposed to social, political, or economic in nature (Seeger, 380 U.S. at 173; see also United States v. MacIntosh, 283 U.S. 605) and it must be sincerely held. (United States v. Rasheed, 663 F.2d 843, 847 (9th Cir. 1981)

Blacks Law Dictionary: Religion: A system of faith and worship usually involving belief in a supreme being and usually containing a moral or ethical code; esp., such a system recognized and practiced by a particular church, sect, or denomination. In construing the protections under the Free Exercise Clause, courts have interpreted the term religion quite broadly to include a wide variety of theistic and nontheistic beliefs.

Cal Jur 3d defines religion, which applies perfectly to the established beliefs and practices that school authorities have incorporated in public schools:

"belief and religious training" "Within that phrase would come all sincere religious beliefs which are based upon a power or being, or upon a faith, to which all else is subordinate or upon which all else is ultimately dependent." United States v. Seeger, 380 U.S. 163, 177 (1965)

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