Saturday, October 04, 2008

Court Rejects Establishment Clause Challenge To School Program

In Freedom from Religion Foundation, Inc. v. Cherry Creek School District, 2008 U.S. Dist. LEXIS 76938 (D CO, Sept. 8, 2008), a Colorado federal district court rejected an Establishment Clause challenge to a school district program called "40 Developmental Assets." The program listed 40 positive factors that parents are encouraged to build in their children. Plaintiffs objected to one of the listed assets-- encouraging children to spend one or more hours per week in activities in a religious institution. The court held that the overall program had a secular purpose and would not likely be perceived by non-religious parents as disapproving their beliefs. The court said that the program had to be considered as a whole, instead of dissecting out one of forty elements for separate examination. (See prior related posting.)