Indigenous Students Should Be Allowed to Wear Tribal Regalia at Graduation
Graduation should be a joyful occasion for high school seniors. But for some Indigenous students, this special time of year can be fraught with uncertainty or controversy over their ability to wear tribal regalia during their schools’ commencement ceremonies. Whether an eagle feather or plume, beadwork, sealskin cap, moccasins, or other forms of traditional dress, tribal regalia plays a unique role for graduating Indigenous students. These items are often gifted to students by parents or tribal elders in recognition of this pivotal, once-in-a-lifetime achievement. Many Indigenous students believe that graduation from high school cannot be properly or fully celebrated, from a spiritual and cultural perspective, unless they are permitted to wear certain ceremonial regalia.
Nevertheless, some schools prohibit Indigenous students from wearing these items at graduation, claiming that it would violate the school’s dress code and speculating, without any basis, that it would disrupt the ceremony. Today, in a letter to the U.S. Department of Education, we asked officials to take action before the upcoming graduation season to ensure that Indigenous students’ rights of cultural and religious expression are protected.
Indigenous students have long been mistreated and disadvantaged in educational settings. For example, the and other federal laws enacted through the 1960s allowed the U.S. government to establish Indian boarding schools across the country. As Deb Haaland, Secretary of the Interior, , “the purpose of Indian boarding schools was to culturally assimilate Indigenous children by forcibly relocating them from their families and communities to distant residential facilities where their American Indian, Alaska Native, and Native Hawaiian identities, languages, and beliefs were to be forcibly suppressed.”
Even though these schools are no longer in operation, Haaland recognized that their legacy remains, “manifesting itself in Indigenous communities through intergenerational trauma, cycles of violence and abuse, disappearance, premature deaths, and other undocumented bodily and mental impacts.” And the reach of that horrific legacy today is evident by the numerous barriers that Indigenous students face in making it through the educational system. For a variety of historical and systemic reasons, Indigenous students are to graduate from high school than their non-Indigenous peers.
Policies that further strip Indigenous students of their cultural and religious heritage in the name of assimilation, such as those prohibiting tribal regalia at graduation, only compound the violence and oppression that these students and their communities have suffered. Students who have resisted these dictates have had their sacred items or from graduation altogether. While a of states have passed laws in response to these restrictions, the protections do not always apply to all Indigenous students, and many students still struggle to exercise their rights.
More must be done at the federal level to protect Indigenous students’ rights. Given the federal government’s past abuse of Indigenous students in the educational context, the Department of Education has a special obligation to address ongoing deprivations of these students’ educational and expressive rights. Officials have tools at their disposal to remind schools of their legal obligations and to investigate schools that do not comply.
Specifically, the Department of Education’s Office of Civil Rights is charged with enforcing , which prohibits both intentional discrimination and rules that have a discriminatory effect, even if unintentional, on the basis of race, color, or national origin in any school program or activity receiving federal financial assistance. As we explain in our letter, purportedly “neutral” graduation dress codes will often have a disproportionate and discriminatory effect on Indigenous students.
While Title VI’s protections will not apply in every situation, many schools seem unaware that policies denying Indigenous students the right to wear tribal regalia during graduation ceremonies could violate this federal law. Thus, we are asking the Department of Education to notify qualifying schools, via written guidance or some other mechanism, that they must remain sensitive to the rights of Indigenous students as graduation approaches, and we are urging officials to immediately investigate any complaints from seniors whose schools prohibit wearing tribal regalia at graduation.
Indigenous students already face enough obstacles. They should be able to celebrate their graduation while remaining true to their cultural and religious heritage.
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Press ReleaseDec 2024
National Security
Religious Liberty
ACLU Statement on New White House Strategy to Counter IslamophobiaACLU Statement on New White House Strategy to Counter Islamophobia
WASHINGTON – The Biden administration today released the first-ever national strategy to counter Islamophobia and related forms of bias and discrimination, including hate against Arab, Sikh, and South Asian Americans. In advance of the strategy, American Civil Liberties Union and its partners had urged the administration to overhaul government programs that reflect anti-Muslim discrimination. In particular, we have called for urgent action to constrain governmental agencies from continuing to exercise their authorities and technology to wrongly surveil and investigate, watchlist, and question and detain Muslims at the border, as well as deny immigration benefits to people from Muslim-majority countries. While the White House raised expectations that many of these issues would be addressed, the final strategy ended up falling far short. The following is a statement from Hina Shamsi, director of the ACLU’s National Security Project: “While this strategy acknowledges discrimination and its harms, it does little to end them and is a squandered opportunity. For decades, American officials have invoked national security to pass laws and implement programs that disproportionately harm Muslims and people perceived to be Muslim. A serious anti-discrimination strategy would concretely address multiple bias-infused government practices that deny our communities equal participation in civic life and our democracy, like federal watchlisting, surveillance, and investigation. We’re profoundly frustrated that the administration didn’t take even the basic, overdue step of recognizing that anti-Muslim discrimination is uniquely normalized and embedded in government policies.” -
Press ReleaseNov 2024
Religious Liberty
Civil Liberties Organizations Unite to Oppose Oklahoma Education Superintendent Ryan Walters’ Latest Push for Religion in Public SchoolsCivil Liberties Organizations Unite to Oppose Oklahoma Education Superintendent Ryan Walters’ Latest Push for Religion in Public Schools
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MaineNov 2024
Religious Liberty
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Press ReleaseNov 2024
Religious Liberty
Court Blocks Louisiana Law Requiring Public Schools to Display Ten Commandments in Every ClassroomCourt Blocks Louisiana Law Requiring Public Schools to Display Ten Commandments in Every Classroom
BATON ROUGE, LA – In a victory for religious freedom, a federal district court issued a preliminary injunction today in Rev. Roake v. Brumley, prohibiting implementation of a Louisiana law that requires all public schools to permanently display a government-approved, Protestant version of the Ten Commandments in every classroom. In the ruling, Judge John W. DeGravelles determined that Louisiana’s H.B. 71, enacted last June, violates the First Amendment and longstanding Supreme Court precedent. More than 40 years ago, in Stone v. Graham, the Supreme Court overturned a similar state statute, holding that the First Amendment bars public schools from posting such displays. The defendants conceded during oral argument that Stone remains good law and is binding on lower courts. In his 177-page opinion, the judge explained: [T]hese displays must be posted in every “classroom in each school,” all year round, regardless of subject matter, and regardless of the age of the student. Thus, the question is not whether the Biblical laws can ever be put on a poster; the issue is whether, as a matter of law, there is any constitutional way to display the Ten Commandments in accordance with the minimum requirements of the Act. In short, the Court finds that there is not. First, Stone remains good law and is directly on point, and this Court is bound to follow it. Second, even putting Stone aside . . . , Plaintiffs have adequately alleged that H.B. 71 fails to comply with the Establishment Clause analysis laid out in Kennedy and Fifth Circuit precedent. Judge DeGravelles also recognized that H.B. 71 would lead to unconstitutional religious coercion of the children-plaintiffs in the case by imposing religious doctrine on them for nearly every hour of the school day, throughout their entire public-school education. And, pointing to the testimony of plaintiffs’ expert, Dr. Steven K. Green, the court found that there is no historical support for permanently displaying the Ten Commandments in public-school classrooms and that doing so would be at odds with our nation’s Founders’ understanding of the separation of church and state. The court’s opinion concludes: Each of the Plaintiffs’ minor children will be forced “in every practical sense,” through Louisiana’s required attendance policy, to be a “captive audience” and to participate in a religious exercise: reading and considering a specific version of the Ten Commandments, one posted in every single classroom, for the entire school year, regardless of the age of the student or subject matter of the course. And, despite the differences among the Plaintiffs’ religious beliefs (be they Unitarian Universalist, Reform Jewish, Presbyterian, or atheist/agnostic), the common threads are (1) that the required posting of the Decalogue conflicts with specific parts of their faith, and (2) that one of those articles of faith, shared by nearly all Plaintiff parents, is raising their children in accordance with their own beliefs and values. Considering the totality of the circumstances, the Court finds that the Act and its requirements are coercive and inconsistent with the history of First Amendment and public education. The court further ruled that H.B. 71 also violates the plaintiffs’ rights under the Free Exercise Clause. After finding that the law violates the plaintiffs’ constitutional rights, the court prohibited the defendants from “(1) enforcing H.B. 71; (2) adopting rules or regulations for the enforcement of H.B. 71; and (3) requiring that the Ten Commandments be posted in every public-school classroom in Louisiana in accordance with H.B. 71.” The Court additionally directed the state defendants to provide notice of its order and H.B. 71’s unconstitutionality to all Louisiana public elementary, secondary, and charter schools, and all public post-secondary education institutions. Because the court denied the defendants’ request to pause (or “stay”) the preliminary injunction while they seek relief from the U.S. Court of Appeals for the Fifth Circuit, it immediately takes effect. “H.B. 71 is a direct infringement of our religious-freedom rights, and we’re pleased and relieved that the court ruled in our favor,” said Rev. Darcy Roake, who is a plaintiff in the case along with her husband, Adrian Van Young. “As an interfaith family, we expect our children to receive their secular education in public school and their religious education at home and within our faith communities, not from government officials.” “This ruling should serve as a reality check for Louisiana lawmakers who want to use public schools to convert children to their preferred brand of Christianity,” said Heather L. Weaver, Senior Staff Attorney for the ACLU’s Program on Freedom of Religion and Belief. “Public schools are not Sunday schools, and today’s decision ensures that our clients’ classrooms will remain spaces where all students, regardless of their faith, feel welcomed.” “We are pleased that the First Amendment rights of students and families are protected by this vital court decision,” said Patrick Elliott, Legal Director of the Freedom From Religion Foundation. “This ruling will ensure that Louisiana families – not politicians or public school officials – get to decide if, when and how their children engage with religion,” said Rachel Laser, president and CEO of Americans United for Separation of Church and State. “It should send a strong message to Christian Nationalists across the country that they cannot impose their beliefs on our nation’s public school children. Not on our watch.” “Religious freedom—the right to choose one’s faith without pressure—is essential to American democracy,” said Alanah Odoms, Executive Director of the ACLU of Louisiana. “Today’s ruling ensures that the schools our plaintiff’s children attend will stay focused on learning, without promoting a state-preferred version of Christianity.” Jon Youngwood, Co-Chair of Simpson Thacher’s Litigation Department, added, “We are heartened by the District Court’s well-reasoned and detailed opinion, which rests upon the wisdom of the First Amendment to the Constitution and the protections it affords regarding the separation of church and state and the free exercise of religion.” Represented by the ACLU, ACLU of Louisiana, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel, the plaintiffs in Roake v. Brumley are a multifaith group of nine Louisiana families with children in public schools. Today’s opinion, issued by the U.S. District Court for the Middle District of Louisiana, is available online here: https://assets.aclu.org/live/uploads/2024/11/LA-10c-Opinion.pdf