Sunday, December 8, 2013
Happy Holidays to some...
In Maryland, state law describes how public school holidays should be timed with Christmas and Easter. Many county public schools have since then also provided days off in recognition for Jewish holy days. Montgomery public schools made this adjustment in the 1970s. In light of two religions receiving their holy days as school holidays, today, Muslims in Montgomery County are calling for public schools to recognize one of the two major Islamic holy days as well.
Montgomery County public school officials have explained that high rates of absence on a day are necessary for consideration as to whether to add it as an official school holiday. One of the two major Muslim holy days, Eid al-Adha, saw that 5.6 percent of students and 5 percent of teachers were absent this year. To compare, the previous Tuesday had absence percentages of 3.2 (students) and 4.2 (teachers) respectively. Some Muslims, however, are calling these figures insubstantial because the percentages of other public school workers that were absent (like bus drivers and cafeteria workers) are missing and would help show that enough people are absent to warrant a school holiday.
It is important to note that Muslim kids are not directly harmed when exercising their religion and not attending school on either major holiday. Muslim holidays are labeled as non-testing days and related absences are excused. The Superintendent, Joshua P. Starr, also explained that the schools and teachers help students complete any work that was missed. Muslim families still feel that their kids should not have to make a choice between exercising their religious beliefs and missing instruction.
School holidays in observance of religious holy days raise some very important questions as the situation above demonstrates. On one hand, there is a potential establishment issue of designating certain holy days as holidays while others go unremarked. The majority opinion of the establishment clause in Everson v. Board of Educationexplains that the establishment clause at least means that “Neither a state nor the Federal Government…can pass laws which aid one religion, aid all religions, or prefer one religion over another.” A definitive argument can be made that giving Christian and Jewish holy days off either aids these religions or preferences these religions above others, like say Islam. In light of this, some schools, like SUNY Stony Brook, a public university, are simply not giving any religious holidays off. This however, has been met with much anger. Some other school districts like that of New York City are moving in the opposite direction, toward ‘respecting’ Islam holy days and having them off. But would this just add Islam to the list of religions that are aided/preferred?
On the other hand, a free exercise case could be made for having Muslim holy days as designated school holidays. As the Muslim parents noted, missing school in order to observe Eid al-Adha and other days places a burden upon their free exercise. The burden is that the kids potentially miss important instruction and also may feel anxiety upon making a choice between school and religion.
Overall, I believe that the Montgomery County Schools should not make any of the Muslim holy days school holidays due to the current available statistics. For example, if the Christian holiday of Christmas was no longer a school holiday and Christians decided celebrate this day and not go to school, over 50% of Montgomery County School students, teachers, and other workers would most likely be absent. Operating schools with this many people absent is not only economically/socially useless but also probably ridiculously difficult, so the school might as well coincide this date with winter break. Unfortunately, while 5-6% could constitute a lot of people missing depending on overall numbers, it is not large enough nor outside the norms of non-holy days for the school to shut down and deem this day a holiday. Now the precise percentage that warrants shut down is obviously another issue for debate, but I think that if the public school system bases its decision on percentages, then the absences on days like Eid al-Adha must be higher. Absence rates are a secular determining factor and basing school holidays off of them might have the effect of giving preference to certain religions in society, but it is not the purpose. As McGowan v. Maryland, which challenged Sunday closing laws, pointed out, “it is equally true that the "Establishment" Clause does not ban federal or state regulation of conduct whose reason or effect merely happens to coincide or harmonize with the tenets of some or all religions.”
With regards to the free exercise issue, there is certainly a burden upon Muslims in this community. Unfortunately, I think that accommodating Muslim students’ absences is the best that can be done because if the school system gives an Islamic holiday off because ‘its only fair,’ then the slippery slope principal comes into effect. If other religious groups start making cases for their holy days to be school holidays, then how much longer is the school year going to be drawn out?
In conclusion, I believe that the establishment issues raised in this situation are moot so long as the school continues to give days off based on these rates. Accordingly, perhaps days will eventually have to be re-evaluated given the changing nature of religious affiliations and people over time. With regards to free exercise, accommodation is the best the Montgomery School Systems can provide at this point in time. Due to the 98,328 public schools, the issue of religious holidays as school holidays has many important widespread ramifications.
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