Posted on 04/25/2003 11:24:10 AM PDT by george wythe
Distribution of religious materials in West Hawaii public schools has raised the ire of some, but opened the door wide to any other special interest group to do the same, including gay rights activists or atheists.
Concerns about the Jesus Hawaii Project distributing literature at public schools were raised by a number of West Hawaii residents who believe their childrens' constitutional rights were violated.
However, the legal director of the Hawaii branch of the American Civil Liberties Union defended the rights of the Campus Crusade for Christ to pass out such material.
Brent White, legal director of the ACLU, added the actions of the Campus Crusade for Christ, which were supported in an April 8 memo by Superintendent of the Department of Education Patricia Hamamoto, also present a clear opportunity for free speech at public schools by any other group.
"When a gay rights group wants to distribute material in the public schools, or a humanist group wants to pass out a rebuttal to the Jesus Project, they have the same right to do so," White said.
(Excerpt) Read more at westhawaiitoday.com ...
Students at Kealakehe Intermediate School were offered packets Monday containing a music CD, video tape, Bible, and a number of other books, including one which discredits the theory of evolution.
The materials also were reportedly distributed at Waimea Middle School, and at Kealakehe and Konawaena high schools this week.
In addition, most people in Hawaii received a video tape "Jesus," from the Jesus Video Project, from the ministry of Campus Crusade for Christ. Videos were mailed statewide beginning April 4 and were expected to be nearly complete by Easter.
West Hawaii Today received a number of telephone calls from people questioning not the content of the items, but the method by which they were distributed. None of them wished to reveal their names for fear of reprisals.
A parent of a child at Kealakehe Intermediate School said her son was handed two packets in a bright yellow package printed with the word, "X" and "beyondextreme.com."
While the parent said she believes students have the right to pass out religious literature to other students, she said adults were also on campus helping with the distribution of the material. She added the package was deceptive because it looked like it had to do with skateboarding extreme sports.
Bob Gentzel, principal at Kealakehe Intermediate, said students certainly have the right to gather and discuss issues such as religion. However, he said his concern was it was an organized event with adults involved.
Gentzel said he did not see adults on campus except when a van came into a parking lot to pick up boxes that contained the materials.
"I'm assuming it was an adult since this is a middle school," he said, "and none of our kids are old enough to drive."
Kelii Akina, spokesman for Youth for Christ Hawaii, an Oahu - based group that coordinated the distribution, was not available for comment Wednesday.
Department of Education spokesman Greg Knudsen said the Honolulu offices have received similar calls about the material, as well as the fact that adults were participating in distribution.
Knudsen said the Campus Crusade for Christ has been notified adults should not accompany students onto campus to distribute the material. Knudsen said most public schools in Hawaii require adults to check in at the office when they arrive on campus.
But Knudsen said Hamamoto's memo spells out the rights of students.
Hamamoto writes, "...Students have a constitutional right to distribute literature in a peaceful manner as long as the materials are not libelous, obscene, likely to create substantial disorder or invade the rights of others."
Knudsen said people have a misconception that anything religious is not allowed in public schools.
"That is not the case," he said. "There are federal guidelines dealing with this, and the fundamental parameter is that it should not interfere with the business of the school."
The federal guidelines also are not specific to religion, Knudsen said.
"It could be a crafts fair or any other activity on campus," he said. "It could also apply to other faiths."
Asked if the superintendent would defend the right of worshippers of the Devil to pass out literature in a peaceful manner, Knudsen said he was not sure of how such "marginal" groups would be handled.
While that may seem like an extreme case, it is not without precedent in Hawaii. Last year, the dress code of Honolulu's Kaimuki High School came under fire from a number of groups for singling out clothing and accessories that promote Satanism.
A civil rights group, which claimed Satanism is a religion, said the school's policy violated free speech provisions in the Constitution.
Knudsen said the situation could have been used as a test of rights, but the school voluntarily dropped the dress code regulation and the Satanists also stopped pursuing the matter.
White, who said he has received more calls about the Jesus Hawaii Project than any other issue in the last few months, said Satanists certainly should be allowed to distribute literature.
"The question here is whether or not the superintendent's memo is applied equally to all groups," said White. "If it is not, they should call (808) 522 - 5900."
bcommand@westhawaiitoday.com
I'm leaning toward parochial school for my child (still a toddler).
If I find a suitable public school near my house, I will use it.
Otherwise, private school keeps looking better and better.
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