Fun With The Establishment Clause

The Establishment Clause in the First Amendment to the US Constitution says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . ." I ran into an interesting recent case that illustrates yet again how useful it is.

The state of California has agreed to remove an “Aztec chant” from its ethnic studies curriculum following a legal settlement with several plaintiffs

The new curriculum would have had students praying to the Aztec dieties Tezkatlipoka, Quetzalcoatl, Huizilopochtli and Xipe Totec.

Part of the chant read “Xipe Totek, Xipe Totek, transformation, liberation, education, emancipation. imagination revitalization, liberation, transformation, decolonization, liberation, education, emancipation, changin’ our situation in this human transformation.”

The co-chair of the California Ethnic Studies Model Curriculum, Tolteka Cuauhtin, had said the chants were to “regenerate indigenous spiritual traditions” as Christians had committed “theocide” to “oppress marginalized groups.”

It occurred to me that pretty much the whole theme of Judeo-Christian scripture, as well as the history of the Church, is theocide, whereby false gods are often quite ruthlessly exterminated. It's just as well the state isn't involved in choosing sides, because at this point, it's almost guaranteed to come down on the wrong side. The story continues,

The Thomas More Society filed a lawsuit in September challenging the chants on behalf of Californians for Equal Rights Foundation and three parents. Special Counsel Paul Jonna said “The Aztecs regularly performed gruesome and horrific acts for the sole purpose of pacifying and appeasing the very beings that the prayers from the curriculum invoke.”

The Thomas More Society site explains further:

“The curriculum’s unequivocal promotion of five Aztec gods or deities through repetitive chanting and affirmation of their symbolic principles constitutes an unlawful government preference toward a particular religious practice,” added Frank Xu, President of Californians for Equal Rights Foundation. “This public endorsement of the Aztec religion fundamentally erodes equal education rights and irresponsibly glorifies anthropomorphic, male deities whose religious rituals involved gruesome human sacrifice and human dismemberment.”

The complaint submitted to the court details the California State Board of Education’s approved Ethnic Studies Model Curriculum, which includes a section of “Affirmation, Chants, and Energizers.” Among these is the “In Lak Ech Affirmation,” which invokes five Aztec deities. Although labeled as an “affirmation,” it addresses the deities both by name and by their traditional titles, recognizes them as sources of power and knowledge, invokes their assistance, and gives thanks to them. In short, states the complaint, it is a prayer.

. . . Attorneys sent a demand letter to Tony Thurmond, the California Department of Education’s State Superintendent and former California State Assemblyman, on August 26, 2021, asking for removal of the Aztec prayer from the curriculum. A response was requested by September 2, 2021. When none was received, the lawsuit was filed.

The Thomas More Society was among the public interest law firms that were instrumental in securing a ruling from the US Supreme Court that prevented health departments from declaring religious services non-essential.