Capeem v. Noonan, CIV. S-06-532 FCD KJM.
| Decision Date | 26 February 2009 |
| Docket Number | No. CIV. S-06-532 FCD KJM.,CIV. S-06-532 FCD KJM. |
| Citation | 600 F.Supp.2d 1088 |
| Parties | CALIFORNIA PARENTS FOR the EQUALIZATION OF EDUCATIONAL MATERIALS, Plaintiff, v. Kenneth NOONAN, et al., Defendants. |
| Court | U.S. District Court — Eastern District of California |
Michael Arthur Newdow, Michael Newdow, Esq., Sacramento, CA, Venkat Balasubramani, Balasubramani Law, Seattle, WA, for Plaintiff.
Elizabeth Anne Linton, G. Mateo Munoz, Kara Kathleen Read-Spangler, Attorney General's Office for the State of California, Department of Justice, Susan Elizabeth Slager, Office of the Attorney General, Sacramento, CA, for Defendants.
This matter is before the court on (1) plaintiff California Parents for the Equalization of Educational Materials ("plaintiff" or "CAPEEM") motion for partial summary judgment as to its Establishment Clause claim and (2) defendants'1 motion for summary judgment, or alternatively, partial summary judgment as to plaintiff's second amended complaint, alleging claims for violation of the Equal Protection, Establishment and Free Speech and Association Clauses.2 Generally stated, in this action, plaintiff alleges the California State Board of Education ("SBE") discriminated against CAPEEM's members during the 2005-2006 history-social science textbook adoption process and that the adopted sixth-grade textbooks represent Hinduism in a discriminatory and denigrating manner. During the adoption process, the SBE held public meetings, considered public comment and consulted with scholars to determine the appropriate content of its curriculum, including the appropriate portrayal of Hinduism in the context of world history and ancient civilization. Plaintiff's critical objection is that the SBE did not adopt all of the textbook edits for which its members were advocating, and that ultimately, the adopted textbooks represent Hinduism in a discriminatory light.
By its motion, CAPEEM seeks partial summary judgment on its Establishment Clause claim, to the extent it is based on the subject textbooks' alleged indoctrination of students in their portrayals of Christianity and Judaism.3 More specifically, CAPEEM requests partial summary judgment on it Establishment Clause claim based on (1) defendants' alleged expressed intent to model portions of the subject history textbooks after the New Testament; (2) the alleged improper influence of religious figures in approving the material addressing Christianity and religious considerations that went into evaluating the suggested edits of the textbooks; (3) the adoption of textbooks that allegedly treat biblical narratives as historical facts and biblical events, including miracles, as actual events; and (4) the adoption of teachers' materials which purportedly emphasize aspects of indoctrination.
Defendants oppose the motion, first on standing grounds, arguing CAPEEM lacks standing to bring an Establishment Clause claim based upon the alleged unlawful indoctrination of students into the Christian or Jewish religions because such a claim is not germane to its organizational purpose, which is to promote an accurate portrayal of the Hindu religion in California public schools. Alternatively, defendants contend plaintiff's Establishment Clause claim based on this theory fails on the merits, as an objective observer would conclude that the textbooks at issue, when viewed in context, are teaching about religion, rather than endorsing any particular religion. Because this court agrees that CAPEEM lacks standing to bring its Establishment Clause claim based upon the alleged improper indoctrination of students into the Christian or Jewish religions, it does not reach the substantive merits of CAPEEM's motion.4 CAPEEM's motion for partial summary judgment is DENIED for lack of standing to bring the subject claim.
By their motion, defendants seek judgment in their favor as to all of plaintiff's claims for relief. Similar to their opposition to plaintiff's motion, defendants argue, in the first instance, that CAPEEM lacks standing to press any of its claims to the extent they are based on alleged discrimination in the textbook adoption process, and to the extent plaintiffs' claims challenge the textbooks' contents, plaintiff only has standing to allege violations of law based on the alleged negative treatment of Hinduism. Alternatively, defendants argue each of plaintiff's claims fail on their merits as follows: (1) plaintiff's equal protection challenge to the textbooks' contents fails under controlling Ninth Circuit law, and its equal protection challenge to the adoption process fails because plaintiff has no evidence to support a finding of discriminatory intent by defendants, CAPEEM cannot identify a similarly situated group and/or CAPEEM's members were treated the same as other similarly situated participants in the process; (2) plaintiff's Establishment Clause claim fails because defendants' actions did not promote other religions over Hinduism nor was the primary effect of defendants' actions hostility towards Hinduism; and (3) plaintiff's Free Speech and Association Clause claim fails because plaintiff cannot show how defendants' actions chilled CAPEEM members' free speech and association rights.
For the reasons set forth below, the court GRANTS defendants' motion as to plaintiff's Establishment and Free Speech and Association Clause claims. As to plaintiff's equal protection claim, the court GRANTS defendants' motion to the extent plaintiff's claim is directed at the textbooks' contents, as such a claim is not viable as a matter of law, but DENIES defendants' motion to the extent it is directed at plaintiff's process-related challenge. As to that issue, triable issues of fact exist as to whether CAPEEM's members were treated fairly in the adoption process.
During the sixth grade world history and ancient civilizations course, California students study the history and impact of various religions, including Hinduism. (Defs.' Stmt. of Undisputed Facts in Supp. of MSJ, filed Dec. 30, 2008 [Docket # 158] [hereinafter, "DUF"], ¶ 2.)6 The SBE adopts textbooks and must balance the goals of a fair and accurate description of history with sensitivity to different cultural, ethnic and religious groups. Cal. Const. Art. IX, § 7.5; Cal. Educ. Code §§ 60200-60206, 60040, 60044. The State's curriculum requirements for textbook publishers are set forth in the Criteria for Evaluating Instructional Materials in History-Social Science, Kindergarten through Grade Eight; The History-Social Science Content Standards ("Content Standards") and the History-Social Science Framework for California Public Schools, Kindergarten Through Grade Twelve ("Framework"). (Adams Decl., filed Dec. 30, 2008 [Docket # 160], at Ex. B.) The Content Standards describe what students should know and be able to do by the end of each grade level. (Id.) These criteria are used to determine whether instructional materials submitted to the SBE should be adopted. (Id.; Adams Decl., ¶ 6.)
As explained in the Framework, the kindergarten-grade 8 history-social science curriculum is designed with the idea that knowledge of history-social science disciplines is essential in preparing students for responsible citizenship and in comprehending global interrelationships. (Defs.' Stmt. of Add'l Disputed Facts in Opp'n to Pl.'s MSJ, filed Jan. 13, 2009 [Docket #173] [hereinafter, "DDF"], ¶ 156.) Studying major religious and philosophical traditions helps students to understand people's historical struggles with ethical issues and the current consequences, wars and political arrangements, like separation of church and state. (DDF ¶ s 157, 158.) Students learn about religious beliefs and texts in order to better understand cultural continuity and conflict. (DDF ¶ 159.) The Framework includes guidelines for teaching about religion. (DDF ¶ 160.)
The study of religion is done within the larger context of human history. (DDF ¶ s 156-168.) In grade six, students study the world history and geography of ancient civilizations, including the early societies of the near East and Africa, the ancient Hebrew civilization, Greece, Rome and the classical civilizations of India and China. (DDF ¶ 161.) Students receive an overview of these societies, including the geography of the region; trade; art; social, economic and political structures; and the everyday lives of the people. (DDF ¶ 162.) In this context, students study about the religions and religious texts of the different ancient civilizations. (DDF ¶ s 163-168.) The Content Standards identify certain information which must be taught. (DDF ¶ 168.)
In January 2005, the SBE issued an invitation to publishers to submit instructional materials for new sixth grade history-social science textbooks. (DUF ¶ 1.) Eleven publishers submitted instructional materials for consideration. (Id.) Nearly a year earlier, beginning in February 2004, the SBE had solicited and selected 12 Content Review Panel ("CRP") and 62 Instructional Materials Advisory Panel ("IMAP") members to review the publishers' submissions. (DUF ¶s 3-4.) The CRP members are subject matter experts who review the submitted instructional materials for accuracy, scholarship and alignment with the State's curriculum requirements (i.e., the Content Standards and Framework). (DUF ¶ 3.) The IMAP members are generally K-12 teachers. (Id.)
The CRP and IMAP received training in April 2005 and convened for deliberations on July 11-14, 2005. (DUF ¶ 5.) They then prepared a joint advisory report, which was mailed to the Curriculum Commission (the "Commission") on September 14, 2005. The report was made available to the public. (Id.) The Commission is an advisory body that advises the SBE on the adoption of curriculum frameworks and instructional materials. The SBE considers the...
To continue reading
Request your trial
-
Citizens for Quality Educ. San Diego v. Barrera
...Nation's public schools." Sch. Dist. of Abington Twp. , 374 U.S. at 300, 83 S.Ct. 1560 ; Cal. Parents for the Equalization of Educ. Materials v. Noonan , 600 F. Supp. 2d 1088, 1116 (E.D. Cal. 2009). In the absence of a clear showing that the Initiative and its implementation directly and sh......
-
Chinatown Neighborhood Ass'n v. Harris, Case No. 12–cv–03759–WHO
...201, I do not do so.6 At the hearing, counsel for the plaintiffs repeatedly cited to California Parents for Equalization of Educational Materials v. Noonan, 600 F.Supp.2d 1088 (E.D.Cal.2009), to support their argument that their FAC has pleaded sufficiently to at least survive a motion to d......
-
Sherman v. City of Davis, CIV S- 11-0820 JAM GGH PS
...circumstances." Freeman v. City of Santa Ana, 68 F.3d 1180, 1187 (9th Cir.1995).California Parents for Equalization of Educational Materials v. Noonan, 600 F.Supp.2d 1088, 1110-1111 (E.D. Cal. 2009). "To state a § 1983 claim for violation of the Equal Protection Clause, a plaintiff must sho......
-
Cal. Parents for the Equal. of Educ. Materials v. Torlakson
...textbooks approved by the California State Board of Education as denigrating and discriminatory towards Hinduism.9 600 F.Supp.2d 1088, 1095 (E.D. Cal. 2009). Noonan followed Brown in rejecting CAPEEM's claim that defendants' use of the challenged textbooks fostered an excessive entanglement......