Here’s another item in the occasional series, “Does it violate the Establishment 
Clause?” whose last entry concerned werewolves and crusaders. Given the state of Establishment Clause doctrine on this particular set of issues, I’m confident that I’ll be getting lots of material for it.
This story reports that the President (or those close to him, or something) really goes in for yoga, and so the President’s Council on Fitness, Sports, and Nutrition is making a pro-yoga pitch, which included the introduction of a yoga garden during this year’s Easter Egg Hunt where one could receive yoga pedagogy.
But there is a problem. Some believe that the official state promotion of yoga–in public school, for example–violates the Establishment Clause because it is tantamount to the government “picking religious winners and losers.” The story reports:
[The lawyer representing objecting families] said many Americans who practice yoga want to be viewed as spiritual but not religious. However, claims that yoga is a mere physical exercise that doesn’t cross the line to Eastern religious beliefs and practices are dubious at best . . . . [Y]oga poses are worshipful acknowledgements of Hindu deities and have been shown to have a religiously transformative impact.
“Let’s be honest, if the White House was actively promoting a Christian-based exercise program, I am confident there would be a huge public outcry and they would change the program. But because yoga is based in Eastern mysticism, which is not well understood, many tend to try to disingenuously downplay its religious aspects[.]”
It’s hard to argue with the government’s response: whatever your religious beliefs, everybody benefits from “stretching, strength-building, and breathing.” But the best line belongs to the judge assigned to hear the case, who is himself a devout yoga practitioner (or is that yogi?). When questioned about his yoga activities, he is said to have responded: “Does anybody have a problem with that? . . . .If you think there’s something spiritual about what I do, that’s news to me.”
Easter Egg Hunt, take note.
Is Yoga Constitutional?
Last month, I wrote about a controversy surrounding the White House’s inclusion of a yoga garden in its annual Easter Egg Roll. The problem is this: yoga is a Hindu spiritual practice. Arguably, therefore, state-sponsored yoga is a religious endorsement that violates the Establishment Clause under existing Supreme Court case law.
Yoga Class at Encinitas School (New York Times)
It turns out that very issue is being litigated this week in a California court. The Encinitas Union School District has introduced yoga as part of the phys ed program in elementary schools. Some parents object that the program highlights yoga’s spiritual elements and amounts to religious indoctrination. The school argues that it has eliminated religious references and that what remains is nothing more than an enriched gym class. An Indiana University religious studies professor who testified at trial demurs. She says that that it would be odd, from a Hindu perspective, to separate yoga’s physical and spiritual elements.
Under Supreme Court precedent, government can separate “cultural” from “religious” messages and promote the former. That’s why official Christmas displays with reindeer and elves survive constitutional scrutiny, but not solo nativity scenes. The logic is that the secular decorations swamp the religious message and ensure that passersby don’t think the government is endorsing Christianity, as opposed to Christianity’s cultural accretions.
This logic has saved some Christmas displays, but offended some Christians. To them, the Supreme Court’s reasoning suggests an unfortunate hostility to their religion: Christmas is acceptable in the public square only if its spiritual associations are diluted. To be sure, the Supreme Court has said only that official displays must avoid religious associations, but people rarely compartmentalize things so logically. Culture often follows law.
So here’s a question: if official yoga programs are allowed on the theory that they have been scrubbed of religious associations, will pious Hindus object?Will people start demanding to keep the yoga in yoga?
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Posted in Commentary, Mark L. Movsesian
Tagged Education, Endorsement Test, Hinduism, Public Schools, Recent Cases, Religion and Culture, Religious Displays