Sedlock v. Baird , 235 Cal. App. 4th 874 ( 2015 )

Filed 4/3/15
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
STEPHEN SEDLOCK et al., D064888
Plaintiffs and Appellants,
v. (Super. Ct. No.
37-2013-00035910-CU-MC-CTL)
TIMOTHY BAIRD et al.,
Defendants and Respondents;
YES! YOGA FOR ENCINITAS
STUDENTS,
Intervener and Respondent.
APPEAL from a judgment of the Superior Court of San Diego County, John S.
Meyer, Judge. Affirmed.
National Center for Law and Policy and Dean Robert Broyles for Plaintiffs and
Appellants.
Kevin T. Snider for Pacific Justice Institute; Alan Jay Reinach for Church State
Council; James Leslie Hirsen and Deborah Jane Dewart for World Faith Foundation as
Amici Curiae on behalf of Plaintiffs and Appellants.
Stutz Artiano Shinoff and Holtz, Daniel R. Shinoff, Paul V. Carelli IV, and Jack M.
Sleeth, Jr., for Defendants and Respondents.
Atkison, Andelson, Loya, Ruud & Romo, Stephanie Marie White for California
School Boards Association's Education Legal Alliance; Pillsbury Winthrop Shaw Pittman,
Kevin Murray Fong and Nathaniel Robert Smith for Yoga Alliance as Amici Curiae for
Defendants and Respondents.
Coast Law Group, David A. Peck; Snell & Wilmer and Mary-Christine Sungaila
for Intervener and Respondent.
James & Stewart, Irene E. Stewart; and Martin S. Kaufman for Atlantic Legal
Foundation as Amicus Curiae for Intervener and Respondent.
I.
INTRODUCTION
For many in this country, the practice of yoga is an entirely secular experience
undertaken for reasons such as increasing physical flexibility, decreasing pain, and
reducing stress. For others, the practice of yoga is a religious ritual, undertaken for
spiritual purposes. In this case, we are required to determine whether a school district's
institution of a yoga program as a component of its physical education curriculum
constitutes an impermissible establishment of religion in violation of the California
Constitution.
2
After a careful review of the extensive evidence presented in the trial court
concerning the nature of the particular yoga program at issue in this case, we conclude that
the program is secular in purpose, does not have the primary effect of advancing or
inhibiting religion, and does not excessively entangle the school district in religion.
Accordingly, we conclude that the trial court properly determined that the district's yoga
program does not violate our state constitution.
II.
FACTUAL AND PROCEDURAL BACKGROUND
A. Procedural background
In February 2013, appellants Stephen and Jennifer Sedlock, and their children, J.S.
and F.S., by and through their guardian William Frederick Bentz (collectively Sedlocks),
filed this action against the Encinitas Union School District, its superintendent, Timothy
Baird, and the District's five governing board members (collectively the District).1 In a
verified petition for writ of mandate and complaint for injunctive and declaratory relief,
the Sedlocks alleged that the District's implementation of an Ashtanga yoga program as a
component of its physical education curriculum violated various religious freedom
1 The Sedlocks' initial petition/complaint did not expressly name the Encinitas
Union School District as a defendant. However, in April 2013, the Sedlocks filed an
amendment to their petition/complaint adding the Encinitas Union School District as a
named defendant.
3
provisions of the California Constitution.2 The Sedlocks sought a writ of mandate and
brought claims for injunctive and declaratory relief in which they requested that the court
enjoin the District from continuing to implement its yoga program and declare the
program unconstitutional.
An entity called Yes! Yoga for Encinitas Students3 filed a motion to intervene in
support of the District and its yoga program. The trial court granted the motion to
intervene.4 The Sedlocks and respondents subsequently filed trial briefs, together with
accompanying declarations and exhibits, and the trial court held a bench trial on the
matter. After the trial, the court entered a statement of decision in which it concluded
that the District's yoga program is constitutional. The court entered a judgment in favor
of respondents. The Sedlocks timely appeal the judgment.
2 Among these provisions is article I, section 4, which prohibits government
practices "respecting an establishment of religion." (Cal. Const., art. I, § 4.)
Although the Sedlocks brought several other claims in their petition/complaint,
their sole claim on appeal pertains to the causes of action referenced in the text.
3 According to their verified complaint in intervention, Yes! Yoga for Encinitas
Students is an "unincorporated association comprised of over 100 elementary students
currently enrolled in the [District] and their parents."
4 We refer to the District and Yes! Yoga for Encinitas Students collectively as
"respondents."
4
B. Factual background 5
1. The District
The District is a public school district consisting of nine elementary schools. It
serves approximately 5,600 students in grades Kindergarten through Sixth, who live in
Encinitas and the La Costa area of Carlsbad.
2. Ashtanga yoga
Ashtanga yoga is a form of yoga developed and popularized by K. Pattabhi Jois.
According to Jois, the meaning of yoga is explained in a series of Hindu texts, including
the Bhagavad Gita, the Upanishads, and Yoga Sutras. Jois first established an institute for
the teaching of Ashtanga yoga in India in the 1940s, and introduced Ashtanga yoga in the
United States after traveling to Encinitas in 1974.
As developed and popularized by Jois, Ashtanga yoga prescribes eight limbs. The
limbs are referred to as yamas (moral codes), niyamas (self-purification), asanas
5 We base of our statement of facts in part on the detailed factual findings contained
in the trial court's statement of decision. (See, e.g., Biron v. City of Redding (2014) 225
Cal. App. 4th 1264, 1268-1269 ["The trial court filed a lengthy and detailed statement of
decision. Plaintiffs make no claim that the evidence was insufficient to support the trial
court's findings of fact. Therefore we derive most of the factual background in this
opinion from the trial court's findings of fact contained within the statement of
decision"].) As discussed in part III.A., post, while the Sedlocks make numerous factual
assertions in their brief, they do so without raising any distinct substantial evidence
challenge to the trial court's factual findings. In addition, the statement of facts contained
in the Sedlocks' opening brief does not state the facts in the light most favorable to the
judgment, as is required. (See, e.g., Myers v. Trendwest Resorts, Inc. (2009) 178
Cal. App. 4th 735, 739 ["In every appeal, 'the appellant has the duty to fairly summarize
all of the facts in the light most favorable to the judgment' "].)
5
(postures), pranayana (breath control), pratyahara (withdrawing the mind from the senses),
dharana (concentration), and samadhi (union with the divine).
Ashtanga yoga prescribes approximately 100 yoga poses, including two series of
opening poses, two series of poses characterized as either primary or intermediate, and a
series of finishing poses.6
3. The KP Jois Foundation
During the 2011-2012 school year, the KP Jois Foundation (the Foundation)
funded a yoga program at one of the District's schools, Capri Elementary. According to
the trial court, the Foundation7 is a foundation with a "mission to establish and teach
Ashtanga yoga in the community, at minimum, the physical postures, breathing, and
relaxation." In addition, the Foundation has an interest in promoting yoga in schools as an
alternative to traditional physical education. However, as the trial court noted, the record
contains "little direct evidence as to . . . the structure of the [Foundation]," and there is "no
evidence that it is a religious foundation, per se."
6 A poster depicting the poses is contained in the record.
7 The District and the Sedlocks state in their briefs that that the Foundation has been
renamed "Sonima Foundation."
6
4. The 2011 yoga program at Capri Elementary
The principal of Capri Elementary hired Jennifer Brown, who also taught at a Jois
yoga studio in Encinitas,8 to teach the yoga classes. Brown is certified to teach Ashtanga
yoga by the Pattabhi Jois Institute in Mysore, India. The yoga classes that Brown taught
at Capri Elementary were based in part on the primary series of poses in Ashtanga Yoga.
Brown also taught her students some Sanskrit words related to yoga. In addition, Brown
read selections from a book called "Myths of the Asanas," which contains numerous
references to Hindu deities. Brown omitted references to these deities. In addition, she
taught the children to say "namaste," which she interpreted to mean "respect."
District officials were pleased with the yoga program at Capri Elementary.
Assistant superintendent David Miyashiro decided to attempt to secure additional funding
from the Foundation in order to expand the yoga program to all of the District's schools.
5. The 2012 grant proposal and memorandum of understanding
In July 2012, the District presented the Foundation with a grant proposal. The
grant proposal contained an overview that stated in part:
"The following puts into place a partnership between the . . . Foundation and
the . . . District . . . to deliver a world class mind/body wellness program at all nine
Encinitas elementary schools. The core foundation of this program will be built around
providing students, staff, and families access to Ashtanga Yoga on a regular basis
throughout the year."
The grant proposal further specified that "comprehensive yoga instruction" would
be provided to all students, and that classes would be taught by "certified yoga
8 Brown testified that the Foundation and the Jois yoga studio are "totally separate"
entities.
7
instructors, selected and hired by District staff and trained by . . . Foundation teachers."
The grant proposal also provided that the District would develop a yoga curriculum that
would be "scalable and transferable to other settings." One aspect of the curriculum was
to be instruction concerning "life skills built around key themes of yoga instruction such
as self-discipline, balance, and responsibility."
The Foundation awarded the grant, and the Foundation and the District entered
into a memorandum of understanding. The memorandum of understanding specified that
the Foundation would award the District "$533,720 for the implementation of a district-
wide yoga program." The memorandum of understanding further stated, "as agreed upon
by both parties and detailed within the approved grant . . . proposal, [the District] will
provide the oversight for the implementation of a comprehensive yoga instruction for
[Kindergarten through Sixth] grade students and the development of curriculum
supporting yoga instruction with a focus on life skills."
The District also entered into an agreement with Regur Development Group, Inc.
(Regur), to act as a personnel manager with respect to the grant, including formally hiring
the yoga teachers and overseeing the human resources aspects of their employment.
6. The development of the yoga program
After the grant was awarded in the summer of 2012, the District and the
Foundation each compiled a list of potential candidates to teach the classes. From these
lists, 22 individuals were invited to attend several training sessions during the summer.
Miyashiro, a representative from the Foundation, and a representative from Regur
8
oversaw the training sessions. During the sessions, the Foundation's representative
assisted in evaluating whether the prospective candidates could teach yoga poses to
children. From this pool of candidates, the District, through its principals, selected 10
individuals to teach yoga classes in the District's yoga program.
The District selected a woman named Leslie Wright to serve as the lead writer of
the yoga curriculum. Throughout the 2012-2013 school year, the District held weekly
staff development meetings during which the yoga teachers, Miyashiro, Wright, and a
representative from Regur developed the curriculum. Miyashiro identified the standards
to be used for the development of the curriculum based on physical education standards
established by the State of California and Social Emotional Learning standards adopted by
the State of Illinois. The Foundation did not participate in the development of the
curriculum.
In November 2012, the District completed an initial draft of its yoga curriculum.
The draft curriculum consisted of a series of grade specific lesson plans for the teaching
of various yoga poses, breathing exercises, and character traits. The curriculum also
contained guided meditation scripts to be used during the lessons.9
9 On such script stated as follows:
"When we're practicing yoga, we always breathe in through the nose and out through the
nose. We want the breath to make a soft sound like the sounds of the ocean waves as
the[y] come and go from the shore. It's kind of like whispering 'haaa' with your mouth
closed. Let's try this. Take a deep inhale and as you exhale, whisper 'haaa.' Inhale again,
this time with the mouth closed, 'haaa.' Let's see if we can get the same sound on the
inhale. Try imagining inhaling the scent of a sweet flower."
9
7. The implementation of the District's yoga program
At the beginning of the 2012-2013 school year, five schools participated in the
yoga program. The yoga program was expanded to all nine schools in January 2013. As
described in detail in part III.C.3.b., post, the classes involved instruction in performing
various yoga poses, proper breathing, and relaxation. The classes also contained
instruction designed to instill various character traits, such as empathy and respect.
As the District began implementing the program, some parents complained that the
program was religious. The trial court described the manner by which the District
responded to these complaints as follows:
"When the program was rolled out to the parents over the Summer of 2012, there were
complaints from parents that the program was religious. The District responded by
remov[ing] anything considered [a] cultural component[] or that could be arguably
deemed religious. Jennifer Brown's Ashtanga tree poster was removed almost
immediately (and that was her personal poster).[10] All Sanskrit language was removed.
Jenn Brown took down . . . postcards from India. The names of the poses were changed to
kid-friendly, kid-familiar poses. The so called 'lotus' position, was renamed 'criss-cross
applesauce.' There was something called a mudra, which is where you put your thumb
and your forefinger together. That was eliminated, and instead what was substituted was
something called "brain highway" where students tap alternate fingers with their thumbs.
And there was no namaste or chanting 'om.' "
The District continued to revise its yoga curriculum, and released a second version
in the spring of 2013. As with the initial curriculum, the revised curriculum, discussed in
detail in part III.C.3.b., post, consists of a series of grade-specific lesson plans for the
10 At trial, Brown testified that for a few days at the beginning of the 2012-2013
school year, she displayed a decorative tree made out of tissue paper and palm tree
leaves. Brown stated that "each palm tree leaf was a branch of Ashtanga yoga," and that
the limbs were labeled with the Sanskrit words for each branch. Brown testified that she
never explained to the children the meaning of the words, and that she, herself, did not
know the meaning of the word samadhi, the eighth limb, which means union with god.
10
teaching of various yoga poses, proper breathing, relaxation, and character traits. Unlike
the fall 2012 curriculum, the spring 2013 curriculum did not include guided meditation
scripts. In addition, the revised curriculum omitted certain references from the initial
draft curriculum that the Sedlocks contend were "overtly religious." For example, the
Sedlocks note that the statement, "[y]oga brings [out] the inner spirit of the child," which
appeared in the 2012 curriculum was removed from the 2013 curriculum.
III.
DISCUSSION11
The District's yoga program does not constitute an establishment of religion
in violation of article I, section 4 of the California Constitution
The Sedlocks contend that the trial court erred in concluding that the District's yoga
program does not constitute an establishment of religion in violation of article I, section 4
of the California Constitution.12
A. Standard of review
11 We have read and considered a number of amicus curiae briefs in deciding this
appeal. An entity called Yoga Alliance filed an amicus brief in support of respondents.
The California School Boards Association's Education Legal Alliance filed an amicus
brief in support of the District. The Atlantic Legal Foundation filed an amicus brief in
support of Yes! Yoga for Encinitas Students. The World Faith Foundation filed an amicus
brief in support of the Sedlocks. The Pacific Justice Institute and the Church State
Council filed a joint amicus brief in support of the Sedlocks. Yes! Yoga for Encinitas
Students filed a consolidated answer to the amicus briefs filed in support of the Sedlocks.
12 The Sedlocks do not raise any independent claim under the federal constitution.
11
The parties disagree as to the proper standard of review. The Sedlocks contend that
this court should apply the de novo standard of review to their claim.13 Respondents
maintain that we should defer to the trial court's factual findings to the extent that those
findings are supported by substantial evidence, and apply the independent standard of
review in selecting the applicable law and applying that law to the facts of the case. We
agree with respondents.
In Ghirardo v. Antonioli (1994) 8 Cal. 4th 791, 800-801, the Supreme Court
outlined the appropriate standard of review to be applied in cases in which an appellant's
claim raises a mixed question of fact and law.
" . . . 'There are three steps involved in deciding a mixed fact/law question. The first step
is the establishment of basic, primary or historical facts. The second is the selection of the
applicable law. The third is the application of law to the facts. All three trial court
determinations are subject to appellate review. Questions of fact are reviewed by giving
deference to the trial court's decision. Questions of law are reviewed under a
nondeferential standard, affording plenary review. [Citation.] However, as to the third
step, the application of law to fact . . . ' [i]f " ' . . . the question requires us to consider legal
concepts in the mix of fact and law and to exercise judgment about the values that animate
legal principles, then the concerns of judicial administration will favor the appellate court,
and the question should be classified as one of law and reviewed de novo.' " ' [Citation.]"
The Sedlocks' claim raises a question of mixed fact and law. Specifically, the
Sedlocks make assertions on appeal that pertain to the historical facts of this case,
including how the yoga teachers in this case were trained and certified, how the District
developed the yoga curriculum, and the nature of the relationship between the Foundation
13 The Sedlocks contend that the de novo standard of review is appropriate where
"the historical facts are admitted or established." However, as discussed in the text,
certain historical facts relevant to the Sedlocks' claim are contested. We defer to the trial
court's factual findings concerning such historical facts wherever they are supported by
substantial evidence.
12
and the District. We apply the substantial evidence standard of review to the trial court's
factual findings with respect to such issues. We apply the de novo standard of review in
selecting the applicable law and in applying such law in determining whether the
District's yoga program violates the establishment clause of the state Constitution.
B. Governing law
1. The establishment clause of the state Constitution
Article I, section 4 of the California Constitution provides in relevant part:
"The Legislature shall make no law respecting an establishment of religion."
In East Bay Asian Local Development Corp. v. State of California (2000) 24
Cal. 4th 693 (East Bay), the California Supreme Court explained that "the protection
against the establishment of religion embedded in the California Constitution" does not
"create[] broader protections than those of the First Amendment [of the United States
Constitution]." (East Bay, supra at p. 718.) The East Bay court further stated that, "the
California concept of a 'law respecting an establishment of religion' ([Cal. Const.,] art. I,
§ 4) coincides with the intent and purpose of the First Amendment establishment clause."
(East Bay, supra, at p. 718.) The East Bay Court reasoned:
"We reach this conclusion because the establishment clause was not added to article I,
section 4 until 1974.
"When article I, section 4 was readopted with minor editorial changes by the electorate as
part of the constitutional revisions made in 1974, the present establishment clause was
included. The Legislative Analyst and the Chairman of the Constitution Revision
Commission each explained that the intent was to add to the California Constitution a right
that was then contained in the federal Constitution. [Citations.] Presumably, the
electorate intended that the right being added to article I, section 4 through the new
establishment clause would afford the same protection as the establishment clause of the
First Amendment on which it was patterned. There is nothing in the history of the clause
to suggest that the drafters or the electorate intended that the clause be any more protective
13
of the doctrine of separation of church and state than the First Amendment establishment
clause." (East Bay, supra, at pp. 718-719.)
Thus, in determining whether a government practice violates the establishment
clause of the state Constitution, California courts are guided by First Amendment
establishment clause jurisprudence. (See, e.g., East Bay, supra, 24 Ca.4th at p. 719 ["Our
construction of the establishment clause of article I, section 4 is . . . guided by decisions
of the Supreme Court"]; Sands v. Morongo Unified School Dist. (1991) 53 Cal. 3d 863,
883 (Sands) (lead opn. of Kennard, J.) ["federal cases . . . supply guidance for
interpreting [the establishment clause of state Constitution]"].)
2. The Lemon test
In Lemon v. Kurtzman (1971) 403 U.S. 602 (Lemon), the United States Supreme
Court adopted a three-part test to determine whether a government practice violates the
establishment clause of the First Amendment. In order for a government program to be
constitutional: (1) the government program must have "a secular legislative purpose";
(2) the program's "principal or primary effect must be one that neither advances nor
inhibits religion"; and (3) the program "must not foster 'an excessive government
entanglement with religion.' " (Lemon, supra, at pp. 612–613.)
While the United States Supreme Court "has acknowledged that it does not apply
the Lemon test in every establishment clause case" (California Statewide Communities
Development Authority v. All Persons Interested etc. (2007) 40 Cal. 4th 788, 808), and the
test is "much maligned by scholars and various Justices, Lemon has never been
overruled." (Alvarado v. City of San Jose (9th Cir. 1996) 94 F.3d 1223, 1231 (Alvarado).)
14
Accordingly, we apply the Lemon test as a structure for our analysis, and, where
applicable, address other pertinent authority. (See, e.g., Paulson v. Abdelnour (2006) 145
Cal. App. 4th 400, 422 ["we will use the Lemon test as a structure for our analysis and
where applicable, employ the teaching of [other United States Supreme Court] and
California authority"].)14
C. The District's yoga program passes the Lemon test
1. The religion at issue
It is undisputed that Hinduism is a religion. We assume, without deciding, that
Ashtanga yoga, insofar as it prescribes the practice of an eight-limbed form of yoga in
which the eighth and final limb is "union with the universal or the divine," is a religion for
purposes of the establishment clause of the California Constitution. (Cf. Brown v.
Woodland Joint Unified School Dist. (9th Cir. 1994) 27 F.3d 1373, 1378 (Brown)
[assuming, without deciding, that Wicca is a religion and applying the Lemon test in order
to determine whether school district's curriculum violated establishment clauses of the
California and federal Constitutions].) Accordingly, we apply the Lemon test to determine
whether the District's yoga program advances Hinduism or Ashtanga Yoga.15
14 All parties to this appeal apply the Lemon test in their briefing, and cite additional
establishment clause case law, as well.
15 Respondents argue that we need not apply the Lemon test because the District's
yoga program does not manifest any of the indicia of a religion. In our view, the proper
inquiry under Lemon is not whether the government program is itself a religion, but
whether the program has a secular purpose, whether the program has a primary effect that
15
2. The District's yoga program has a secular purpose
The Sedlocks do not contest that the District's yoga program has a secular purpose.
Further, the record contains overwhelming evidence demonstrating that the District
instituted the yoga program for a secular purpose, namely, to implement a physical fitness
program that promotes physical and mental health. Accordingly, we conclude that the
District's yoga program easily satisfies the secular purpose prong of the Lemon test.
3. The primary effect of the District's yoga program is one that neither
advances nor inhibits religion16
a. Additional relevant law
"Under the 'primary effect' test of Lemon, supra, 403 U.S. 602, the inquiry is
whether, irrespective of the government's actual objective, the practice in question
conveys a message of endorsement or disapproval." (Sands, supra, 53 Cal.3d at pp. 872 -
873 (lead opn. of Kennard, J.).) "By 'endorsement,' we are not concerned with all forms
of government approval of religion—many of which are anodyne—but rather those acts
that send the stigmatic message to nonadherents ' "that they are outsiders, not full
members of the political community, and an accompanying message to adherents that
advances religion, and whether the program entangles government with a religion. (See
Lemon, supra, 403 U.S. at pp. 612-613.) However, whether a governmental program has
religious attributes is clearly highly relevant in applying the Lemon test.
16 The Sedlocks argue, "[A] reasonable observing student in [the District], who is
familiar with [the District's] yoga program would conclude that the yoga program both
advances/endorses Hinduism and inhibits/disapproves of other religions, including
Christianity." In so arguing, the Sedlocks focus on the manner by which the District's
yoga program purportedly advances Hinduism and contend that by advancing Hinduism,
the District necessarily inhibits all other religions (including Christianity).
16
they are insiders, favored members . . . ." ' " (Trunk v. City of San Diego (9th Cir. 2011)
629 F.3d 1099, 1109.) In ascertaining whether the government practice endorses
religion, "we conduct our inquiry from the perspective of an 'informed and reasonable'
observer who is 'familiar with the history of the government practice at issue.' " (Id. at p.
1110.)
In the elementary school context, "Courts . . . have considered the more vulnerable
nature of school-age children when analyzing the primary effect of state actions . . . ."
(Brown, supra, 27 F.3d at pp. 1378-1379.) However, courts do not consider the effect
that the challenged government practice has had "on a particular public school student,"
but rather, employ an "objective standard." (Id. at p. 1379.) A subjective standard is not
used because, "[i]f an Establishment Clause violation arose each time a student believed
that a school practice either advanced or disapproved of a religion, school curricula
would be reduced to the lowest common denominator, permitting each student to become
a 'curriculum review committee' unto himself or herself." (Ibid.)
Finally, in determining whether the challenged practice has a primary effect that
advances or inhibits religion, we evaluate the challenged government practice " 'as a
whole' " (Nurre v. Whitehead (9th Cir. 2009) 580 F.3d 1087, 1097 (Nurre)), rather than
segmenting portions of the practice and "view[ing] them in isolation." (Ibid.)
17
b. The primary effect of the District's yoga program does not advance
Hinduism or Ashtanga Yoga
In assessing whether a reasonable observer would view the District's yoga
program as advancing or inhibiting religion, we begin by reviewing the trial court's
factual findings concerning the District's yoga program as it existed in 2013. The trial
court noted that the 2013 written curriculum contains half-hour lesson plans that
prescribe "yoga poses performed in a definite sequence," labeled with kid-friendly names.
The court noted that the curriculum also "involve[s] controlled breathing and some
introspection and thinking." The court analogized the poses "to isometric . . . stretching
exercises." For example, the court explained that one pose in the curriculum is called
"boat." To perform the boat, the child "[lies] on his or her back, [and] extend[s] his legs,
arms up." The court noted that while the curriculum prescribes an opening and closing
sequence of poses that are identical to a series of poses performed in Ashtanga yoga, the
curriculum does not contain all of the 100-or-so yoga poses performed in Ashtanga
Yoga.17
17 The trial court noted that "[t]he opening and closing sequences of [the District's]
poses are identical to the Ashtanga yoga poses in Opening Sequences A and B . . . and the
Closing lotus sequence . . . depicted on Exhibit 9, which is the Shri Pattahbi Yogi
Ashtanga Yoga Institute poster." Exhibit 9 is a poster that states that the top, "Shri K.
Pattabhi Jois Ashtanga Yoga Institute," and depicts approximately 100 yoga poses,
labeled in Sanskrit.
18
The court summarized a typical lesson plan as follows:
"There is a physical component . . . and there is a character component. And there is a
famous person and quote that is to be focused on. The quotes are not religious. As
examples, one of the famous persons is Babe Ruth and his quote was, 'Every strike brings
me closer to my next home run,' and that's for the subject of 'Perseverance.' Another quote
is: 'The time is always right to do what is right,' by Martin Luther King., Jr. For the
subject of "Collaboration," Phil Jackson is quoted as saying, 'The strength of the team is
each individual member. The strength of each member is the team.' The Reverend Jessie
Jackson is quoted on the subject of 'Empathy': 'Never look down on anybody unless
you're helping them up.'
"Then the curriculum indicates a breathing exercise. The teacher can choose a couple.
Dragon breath, belly breathing, floating arms, connect breath with movement, kite, cat,
cow. And then the posture is 20 minutes. The opening is Opening Sequence A, the
kangaroo and the warrior. And then the standing pose is big toe, volcano, elephant, and
mouse pose, seated fold, butterfly, half butterfly, back-bending, boat, mouse pose, optional
is the windmill, and there's a candle pose. And then five minutes of relaxation. The
curriculum suggests to the teacher, 'Before the closing sequence, take a moment to check
in with your students.' That's the direction to the teacher. 'How are you feeling? How are
you breathing? How did you show respect in class today?' And then the closing
sequence: Telephone, pretzel, butterfly, flower, turtle, criss-cross applesauce, and rest."
The trial court also reviewed the declarations of the yoga teachers and a school
principal who had attended yoga classes at her school, and noted there had been a
"uniform denial of anything spiritual, religious, or anything like that being taught in the
classes." In addition, the court viewed videos of excerpts of the yoga classes and read
declarations of parents who were opposed to the yoga program.18 After reviewing this
18 The Sedlocks note that the videos show some children with their hands making a
wisdom gesture (in which the thumb and forefinger are touching, forming a circle).
Citing the testimony of their religious studies expert, Dr. Candy Brown, the Sedlocks
contend, "Forming a circle with each thumb and index finger symbolizes subordination of
the individual spirit (Atman, represented by the index finger) by the Universal Spirit
(Brahman, represented by the thumb) and brings about unification of the individual with
Universal Consciousness." While the videos show some children making this gesture
during some of the classes, the trial court found that the District had eliminated teaching
this gesture, and there was no evidence presented that the District had taught the gesture
19
evidence, the trial court determined that, contrary to the Sedlocks' assertions, the
District's yoga program is not Ashtanga yoga, and that it is "devoid of any religious,
mystical, or spiritual trappings."
We have carefully reviewed the evidence upon which the trial court made this
determination, and agree that a reasonable observer would view the content of the
District's yoga program as being entirely secular. As the trial court described in its
statement of decision, the District's yoga classes consist of instruction in performing yoga
poses, breathing, and relaxation, combined with lessons on building positive personal
character traits, such as respect and empathy. We see nothing in the content of the
District's yoga program that would cause a reasonable observer to conclude that the
program had the primary effect of either advancing or inhibiting religion.
We acknowledge that a reasonable observer would be aware that the grant funding
the District's yoga program specified that the "core foundation" of the program would be
providing access to "Ashtanga yoga." (Italics added.) However, a reasonable observer
would also be aware that, as implemented, the District's yoga program is clearly not
Ashtanga eight-limbed yoga. To be sure, if the District's program instructed children that
through yoga they would become one with God and that yoga could help end the karmic
for a religious purpose or that it had even conveyed the purported religious significance
of the gesture.
Similarly, the Sedlocks contend that the religious nature of the District's yoga
program is demonstrated by the fact that some children chanted "Om" during some of the
classes. Even assuming that a child's chanting of "Om" reflects a genuine religious
expression rather than mere mimicry of a stereotypical yogi, the District does not teach
chanting as a component of its yoga program.
20
cycle of reincarnation—both of which are aspects of Ashtanga yoga practice according to
the Sedlocks' expert, Dr. Brown—we have little doubt that the program would violate the
establishment clause. However, nowhere in the District's curriculum is there mention of
any of the eight limbs of Ashtanga, and there is certainly no mention of the final limb
(union with the divine).19 Indeed, as described above, there is no evidence of any
religious indoctrination in any of the written curriculum or in the evidence related to the
teaching methods employed in actual District yoga classes.
The Sedlocks' arguments in support of their claim that a reasonable observer
would view the District's yoga program as having a primary effect that advances or
inhibits religion are unpersuasive and/or not supported by the trial court's factual
findings.20 To begin with, the Sedlocks claim that a reasonable observer would conclude
that the District's yoga program advances religion because the Foundation has a
19 The Sedlocks claim that the District's curriculum "still includes at least seven of
the eight Ashtanga limbs," but in so stating, the Sedlocks mean only that the District
teaches practices that can be said to in some way coincide with Ashtanga yoga's "eight
limbs." For example, the Sedlocks maintain that because the District's yoga curriculum
contains "character connections" built around quotations from famous people, the
curriculum contains instruction on "yamas" (moral restraints) and "niyamas" (ethical
observances). We think it clear that a reasonable observer would not view lessons built
around the quotations mentioned in the text from famous persons such as the Reverend
Jessie Jackson and Babe Ruth as instilling Ashtanga/Hindu teachings.
20 We have addressed all of the arguments that the Sedlocks raise in the legal
argument portion of their opening brief arguing that the District's yoga program has the
primary effect of advancing or inhibiting religion. In addition, we have attempted to
address all of the contentions that the Sedlocks raise in other portions of their brief
(including in their statement of facts) that could be understood as relevant to their
primary effect argument.
21
"mission" to disseminate the religious teachings of Pattahbi Jois and the practice of
Ashtanga yoga throughout the United States. This argument is unpersuasive given that
there is little evidence concerning the Foundation's goals in providing the grant to the
District and there is no evidence that any assumed religious goals of the Foundation have,
in any manner, affected the implementation of the District's yoga program.21
In a related vein, the Sedlocks argue that a reasonable observer would be aware
that the Distict's "yoga instructors must be certified and trained by the [Foundation], and
the [District's] curriculum is developed by [the] Foundation." The trial court found that
the Foundation's involvement in certifying and training the teachers is strictly limited to
ensuring that the teachers are proficient in teaching yoga poses to the students. The court
also found that the Foundation "was not part of the curriculum development." All of
these findings are supported by substantial evidence. In addition, there is no evidence
that the Foundation demanded that religious principles be taught in yoga classes or
insisted that the teachers selected to teach the classes be versed in religious ideology.
Thus, a reasonable observer would not view the Foundation's involvement in funding the
District's yoga program as demonstrating that the program has the primary effect of
advancing or inhibiting religion.
21 Dr. Baird testified that he did not know "what [the Foundation's] purpose is," but
stated that Foundation representatives told him that "one of their goals was to improve
health and wellness in students," and that "they were concerned about student obesity
[and] diabetes." The Sedlocks' counsel also asked Dr. Baird if he was aware that
Foundation representatives had "publicly stated that their goal is to . . . spread the
teaching of Shri K. Pattabhi Jois." Dr. Baird responded, "I'm not aware of that. That's
never been expressed to me, that they were doing that."
22
We are similarly not persuaded by the Sedlocks' contention that the fact that
students in the District's yoga program perform poses that some individuals perform for
religious purposes demonstrates that the District's yoga program is religious.22 This
argument is contrary to well-established First Amendment jurisprudence. "[A] practice's
mere consistency with or coincidental resemblance to a religious practice does not have
the primary effect of advancing religion." (Brown, supra, 27 F.3d at p. 1380.)
In Johnson v. Poway Unified School Dist. (9th Cir. 2011) 658 F.3d 954, 974
(Johnson), for example, the Ninth Circuit rejected a First Amendment establishment
clause challenge based on a teacher's display of Tibetan prayer flags. The teacher
testified that the flags were used as part of a discussion of fossils found on and near
Mount Everest.23 The Johnson court concluded that the teacher's display of the flags did
not violate the establishment clause of the First Amendment because they were not used
to advance a religious purpose, notwithstanding that the flags might have religious
significance in some contexts. In reaching this conclusion, the court reasoned:
22 For example, the Sedlocks argue "when [the District's] students are being led
through Ashtanga's Surya Namskara A & B (Sun Salutations) [as part of the District's
Opening Sequence A and B], they are engaging in ritualized liturgical obeisance to Surya,
the Hindu solar deity."
23 The Johnson court summarized the teacher's use of the flags as follows:
"She explained that she uses the flags as part of her discussion of fossils found on and near
Mount Everest because the flags are authentic—bought in Nepal near Mount Everest—and
are typically purchased by climbers to put 'at the top of Mount Everest when they reach the
peak.' She described how she typically shows a video of scientists taking cores samples on
Everest and uses the flags to further stimulate the interest of her students. She said that the
flags 'represent climbing a mountain' and accomplishing 'an amazing goal.' " (Johnson,
supra, 658 F.3d at pp. 973-974.)
23
"Though the flags may very well represent the Buddhist faith, their use by Poway has
nothing to do with their religious connotation. Instead, the evidence in this case
demonstrates that the district uses the flags to stimulate interest in science and scientific
discovery without any mention of religion. Thus, while the flags might themselves
contain 'religious content' [citation], the primary effect of the school's use was entirely
secular . . . ." (Johnson, supra, 658 F.3d at p. 974.)
The same is true in this case. While for some, certain yoga poses have a religious
significance, the evidence in this case demonstrates that the District directed its students
to perform these poses for purely secular reasons, and did not instruct the students
regarding the religious significance of the poses. A reasonable observer would not
conclude that the District is engaged in religious activity merely because teachers
directed the children to perform poses that some individuals consider to have religious
significance.
The Sedlocks' contention that the District's program is unconstitutional because
"[r]eligious intentions may develop through performance of religious rituals," such as the
yoga poses at issue in this case, is equally unpersuasive. In support of this contention, the
Sedlocks include quotations from Pattabhi Jois and his son, espousing similar claims, and
note that Dr. Brown contended that there is "[s]ociological research" that substantiates
this effect. Even assuming that the Sedlocks are correct that the District's yoga program
renders its students more susceptible to Hindu religious teachings at some unspecified
time in the future, the establishment clause is concerned with whether a government has a
" 'direct and immediate effect' " of advancing religion. (Brown, supra, 27 F.3d at p.
1382.) Accordingly, in Brown, the Ninth Circuit rejected a nearly identical argument:
"[T]he Browns characterize their proffered expert testimony as demonstrating that the
Challenged Selections, through the use of neuro-linguistic programming, gradually and
24
subconsciously will 'foster and promote' a magical world view that renders children
susceptible to future control by occult groups and more likely to become involved in
occult practices later in their lives. Such testimony is irrelevant to the primary effect test,
which determines whether a government action will have the primary or 'direct and
immediate' effect of advancing religion. The claimed long-term propensity for
involvement in the occult through neuro-linguistic programming clearly is not such a
primary or 'direct and immediate' effect." (Ibid.)
We therefore reject the Sedlocks' contention that the District's yoga program violates the
establishment clause because the practice of yoga poses, alone, "even without discussion
of Hindu religious beliefs or the other seven limbs of Ashtanga," has the primary effect of
advancing Hinduism and/or Ashtanga yoga. (Cf. McCreary County, Ky. v. ACLU (2005)
545 U.S. 844, 863 ["If someone in the government hides religious motive so well that the
' "objective observer, acquainted with the text, legislative history, and implementation of
the statute" ' [citation], cannot see it, then without something more the government does
not make a divisive announcement that in itself amounts to taking religious sides"].)
The Sedlocks' contention that "even if one assumes . . . that Ashtanga is not being
taught, the student [as a reasonable observer] would still understand that yoga is
religious" (italics added), is also less than convincing. If, by this argument, the Sedlocks
mean merely that yoga has religious roots, such a historical connection clearly would not
lead a reasonable observer to conclude that the District's yoga program is religious.24
24 The Sedlocks note that in the trial court's statement of decision, the court made the
statement, "yoga is religious." Based on this statement, the Sedlocks argue that the trial
court "found" that yoga is religious, and suggest that this determination is inconsistent
with the court's conclusion that the District's yoga program is not religious.
We interpret the trial court's statement that "yoga is religious" in the following
quotation from its statement of decision as meaning merely that yoga has religious roots
and that, for some individuals, yoga is practiced for religious reasons:
25
(See, e.g., McGowan v.Maryland (1961) 366 U.S. 420, 431(McGowan) [rejecting
establishment clause challenge to Sunday closing laws even though there was "no dispute
that the original laws which dealt with Sunday labor were motivated by religious
forces"]; Granzeier v. Middleton (6th Cir. 1999) 173 F.3d 568, 575 (lead opn. of Boggs,
J.) [noting that the names of the days of the week have their origins in the names of
various deities but that "no one has seriously, and certainly not successfully, contended
that the Establishment Clause is offended by the use of those names"].) "Cultural history
establishes not a few practices and prohibitions religious in origin which are retained as
secular institutions and ways long after their religious sanctions and justifications are
gone." (McGowan, supra, at p. 503 (conc. opn. of Frankfurter, J.).) Thus, while Dr.
Brown stated that she considers chiropractic, acupuncture, karate, and Taekwondo all to
be "religious practice[s]," a reasonable observer would not conclude that an activity has
the primary effect of advancing religion merely because of its historical association with
religion.25
"The scholars agree that the roots of yoga are religious, as practiced in the traditions of
some Eastern religions such as Hinduism and Buddhism. To some in the world, yoga has
been, and still is, a physical, mental, and spiritual practice, the object of which is to attain
self-purification and ultimately union with the universal spirit or the divine.
"Accordingly, the Court determines that yoga is religious. That brings the Court to the key
issue in this case. Since yoga and Ashtanga yoga have religious roots in Hindu, Buddhist,
and other metaphysical religious practice, can [the District's] yoga be taught in the public
school district?"
25 In an amicus curiae brief, the Atlantic Legal Foundation catalogues a list of
commonly performed high school sports having religious roots, including track and field,
gymnastics, lacrosse, martial arts and basketball.
26
If, on the other hand, the Sedlocks mean that all yoga as currently practiced in the
United States, is inherently religious, we emphatically disagree. A yoga program such as
the District's that merely combines physical poses with breathing and quiet contemplation
does not comport with any definition of religious activity of which we are aware,
including that offered by the Sedlocks. Citing Judge Adams's seminal concurring opinion
in Malnak v. Yogi (3d Cir. 1979) 592 F.2d 197 (conc. opn. of Adams J.),26 the Sedlocks
contend that there are "three main indicia that determine whether a belief system is a
'religion' or whether aspects of it are 'religious' for First Amendment purposes." The
belief system must address "ultimate concerns," it must be "comprehensive," and it may
be associated with "formal, external, or surface signs," such as ceremonial functions and
clergy. (Id. at pp. 208-210.) The District's yoga program is not a belief system of any
kind, much less one that addresses "ultimate concerns" such as the "meaning of life and
death," and "man's role in the Universe." (Id. at p. 208.) Nor is the District's yoga
program comprehensive in the sense of being a "systematic series of answers" to all
questions in life. (Id. at p. 209) Finally, the District's yoga program does not prescribe
ceremonial functions or have a clergy. (Id. at p. 210.)
Our conclusion that yoga is not inherently religious is consistent with the only
case of which we are aware that has addressed whether a school district's teaching of
26 The definition of religion outlined in Judge Adams's concurrence in Malnak has
been applied by many courts, including the Ninth Circuit. (See Alvarado, supra, 94 F.3d
at p. 1229.)
27
yoga violated the establishment clause of the First Amendment, Altman v. Bedford Cent.
School Dist. (2d Cir. 2001) 245 F.3d 49 (Altman). In Altman, the court described the
yoga instruction that students received as follows:
"In 1998, Fox Lane High's athletic director invited Agia Akal Singh Khalsa, a Sikh
minister, to conduct yoga exercises for students in gym class. Khalsa, who wore a Sikh
turban, a traditional Sikh robe, and the beard of a Sikh minister, has a trademark name of
'the Yoga Guy.' He led the class in breathing and stretching exercises designed to achieve
relaxation, followed by 'positive affirmations' such as 'I am happy, I am good.' He
received a small stipend from School District funds for his time and travel." (Id. at p. 60.)
The plaintiffs in Altman contended that the use of a Sikh priest to conduct the yoga
exercises constituted an endorsement of Eastern religions, in violation of the
establishment clause of the First Amendment. (Altman, supra, 245 F.3d at pp. 56, 60.)
The district court concluded that the yoga instruction did not violate the First Amendment
because " 'although the presenter was dressed in a turban and wore the beard of a Sikh
minister, he did not in his yoga exercise presentation advance any religious concepts or
ideas.' " (Id. at p. 65.) The Second Circuit affirmed the district court's conclusion, stating
only that it was doing so "substantially for the reasons stated . . . in the district court's
opinion." (Id. at p. 80.) Altman supports the conclusion that a yoga program that does
not advance religious concepts or ideas does not violate the establishment clause of the
First Amendment.
In addition, the record in this case contains abundant evidence that contemporary
yoga is commonly practiced in the United States for reasons that are entirely distinct from
religious ideology. Yes! Yoga for Encinitas Students submitted the declaration of Dr.
Mark Singleton. Dr. Singleton has a Ph.D. in divinity from Cambridge University and
28
has studied yoga extensively. Dr. Singleton stated, "[Y]oga as it has developed in the
United States in the past 150 years is a distinctly American cultural phenomenon. . . .
Many of the elements which contributed to its current form are in no way inherently
religious." Yes! Yoga for Encinitas Students also submitted a declaration from Brandon
Hartsell, the chair of the board of directors of Yoga Alliance, a nonprofit trade
association that supports yoga as a profession. Hartsell stated that the "modern practice
of yoga is typically comprised of a physical system of exercises, coupled with breathwork
and mindfulness practices, that [are] unconnected to a religious denomination." Attached
to Hartsell's declaration is a 2012 study of yoga in the United States based on a
representative sample of the adult United States population. The study contains a graph
entitled "Top Motivations That Keep Them Practicing Yoga," which reflects that the
most common motivations that people gave for practicing yoga included increased
flexibility (67.9 percent), stress relief (61.8 percent), and improvement in physical health
(60.5 percent). The record also contains numerous newspaper and other media articles
describing various types of yoga classes that appear to lack even a hint of religious
content.
This evidence is consistent with this court's assessment that contemporary yoga in
the United States is ubiquitous in secular culture. (See Altman v. Bedford Cent. School
Dist. (S.D.N.Y. 1999) 45 F. Supp. 2d 368, 385, affd. in part and vacated and revd. in part
on other grounds (2d Cir. 2001) 245 F.3d 49 ["yoga practices are widely accepted in the
western world, simply for their exercise benefits"].) Thus, while the Sedlocks compare
29
the District's yoga classes to a Roman Catholic mass in arguing that that it would surely
violate the establishment clause for a school district to require its students to participate
in such a mass, the analogy is inapt because yoga is commonly practiced for secular
purposes and, as such, is clearly distinguishable from overtly sectarian activities such as a
Catholic mass. (See Brown, supra, 27 F.3d at p. 1382 [distinguishing fantasy activities
based on witchcraft in school curriculum from "Baptism, communion, and the rosary,
[which] are 'overt religious exercises,' performed for sectarian purposes" (italics
omitted)].)
The purported inherent religious nature of yoga is the fundamental premise that
underlies much of the Sedlocks' appeal. For example, the Sedlocks assert that "yoga is
without question a Hindu religious exercise or practice that is simultaneously physical
and religious." However, for the reasons discussed above, it is clear that while yoga may
be practiced for religious reasons, it cannot be said to be inherently religious or overtly
sectarian. It is for this reason that cases cited by the Sedlocks in which the Supreme
Court has considered whether a governmental practice was impermissibly religiously
coercive are largely inapposite. While we are certainly aware that there "are heightened
concerns with protecting freedom of conscience from subtle coercive pressures in the
elementary and secondary public schools" (Lee v. Weisman (1992) 505 U.S. 577, 592), in
the absence of evidence that the District's program advances religion, no religious
30
coercion is present.27 ( See Newdow v. Rio Linda Union School Dist. (9th Cir. 2010) 597
F.3d 1007, 1019 (Newdow) [" 'The indirect coercion analysis discussed in Lee . . . simply
is not relevant in cases, like this one, challenging non-religious activities,' " quoting Myers
v. Loudoun County Public Schools (4th Cir. 1995) 418 F.3d 395, 408].)
In sum, in light of the lack of any evidence that the District's yoga program
advances any religious concepts or ideas, we conclude that a reasonable observer would
not view the program as either advancing or inhibiting religion.
4. The District's yoga program does not foster an excessive entanglement with
religion
In Roman Catholic Archbishop of Los Angeles v. Superior Court (2005) 131
Cal. App. 4th 417, 434, the court provided the following overview of the concept of
excessive entanglement:
" 'Although it is difficult to attach a precise meaning to the word "entanglement," courts
have found an unconstitutional entanglement with religion in situations where a
"protracted legal process pit[s] church and state as adversaries" [citation], and where the
Government is placed in a position of choosing among "competing religious visions."
[Citation.]' [Citation.] 'Not all entanglements, of course, have the effect of advancing or
inhibiting religion. Interaction between church and state is inevitable [citation], and we
have always tolerated some level of involvement between the two. Entanglement must be
"excessive" before it runs afoul of the Establishment Clause.' [Citation.]"
27 We emphasize that the fact that the District permitted objecting parents such as the
Sedlocks to have their children opt out of the yoga program is not a factor that we
consider as increasing the program's constitutionality. (See Wallace v. Jaffree (1985) 472
U.S. 38, 61, fn. 51 [concluding statute permitting voluntary school prayer violated
establishment clause and noting " 'The Establishment Clause, unlike the Free Exercise
Clause, does not depend upon any showing of direct governmental compulsion and is
violated by the enactment of laws which establish an official religion whether those laws
operate directly to coerce nonobserving individuals or not' "].)
31
" 'Entanglement is a question of kind and degree' [citation], and this 'prong seeks
to minimize the interference of religious authorities with secular affairs and secular
authorities in religious affairs.' " (Nurre, supra, 580 F.3d at p. 1097.)
The Sedlocks' excessive entanglement claim is based on two principal arguments.
First, the Sedlocks claim that the manner by which the District exercised control over its
yoga teachers and yoga curriculum resulted in excessive entanglement. Second, the
Sedlocks claim that the District engaged in a "joint religious venture" with the
Foundation. We consider each argument in turn.
The gist of the Sedlocks' first argument is that the District became entangled with
religion when it modified its yoga program in response to parental complaints about the
purportedly religious elements of that program, and that the need to supervise the
implementation of the yoga program in the future will result in continued entanglement.
The flaw in this argument is twofold. To begin with, many, if not all, of the changes that
the District made to the yoga program throughout 2012 in an attempt to alleviate parental
concerns about the purported religious nature of the program changed practices that did
not even arguably raise an establishment clause violation. For example, the District
eliminated the teaching of Sanskrit names for various yoga poses, yet we see no possible
establishment clause violation arising out of the fact that yoga teachers had previously
been teaching children the Sanskrit names for yoga poses. While the Sedlocks contend
that many Hindus consider Sanskrit a sacred language with each word "encoded with
consciousness," there is no evidence that the District's teachers taught children Sanskrit
32
words in an attempt to secretly brainwash their students into adopting a particular religious
viewpoint. Thus, the District's acts in removing elements such as teaching the Sanskrit
names of yoga poses in order to appease concerned parents did not amount to an
entanglement with religion.
Second, even as to those elements that arguably could have raised establishment
clause concerns, such as the display of a tree labeled in Sanskrit that described the eight
limbs of Ashtanga yoga, the District's prompt action in removing these elements did not
cause the District to become entangled in the type of sustained and ongoing interaction
that would give rise to an excessive entanglement between the District and religion.28
(See Vernon v. City of Los Angeles (9th Cir. 1994) 27 F.3d 1385, 1399 ["entanglement
typically involves comprehensive, discriminating, and continuing state surveillance of
religion"]; accord Brown, supra, 27 F.3d at p. 1384 ["one-time review [of school
curriculum], which was conducted in response to the complaints of, among others, the
Browns, clearly does not cause the School District to become entangled with religion"].)
The Sedlocks' contention that the District will be required to "closely monitor[]"
the teaching of yoga in its schools in order to ensure that religious elements are not
introduced into the program in the future and that such "surveillance" creates the type of
"entanglements that the United States Supreme Court condemned in Lemon," is not
persuasive. In Lemon, the Supreme Court considered the constitutionality of a statute
28 It is undisputed that the tree display remained on the wall for at most three days at
the beginning of the 2012 school year.
33
under which a state paid salary supplements to teachers who were employed by a
religious organization and were teaching in parochial schools, as long as those teachers
taught only courses offered in public schools and used only texts and materials used in
public schools. (Lemon, supra, 403 U.S. at pp. 607, 615, 619.) The Lemon court
concluded that an excessive entanglement with religion arose from the statutory scheme
because "[a] comprehensive, discriminating, and continuing state surveillance will
inevitably be required to ensure that these restrictions are obeyed and the First
Amendment otherwise respected." (Id. at p. 619.)
Unlike in Lemon, in this case, the yoga teachers are not employed by a religious
organization and the classes are taught in public schools. Any monitoring of the yoga
teachers to ensure that they do not teach religious concepts would be no greater than the
monitoring than would be required to ensure that an ordinary classroom teacher is not
inculcating religion in his or her students. (Cf. Agostini v. Felton (1997) 521 U.S. 203
[rejecting establishment clause challenge to remedial education program in which public
school teachers taught disadvantaged students in parochial schools (id. at pp. 208-209)
and stating "there is no reason to presume that, simply because she enters a parochial
school classroom, a full-time public employee such as a Title I teacher will depart from
her assigned duties and instructions and embark on religious indoctrination" (id. at p.
226)].)
The Sedlocks' second entanglement argument is that District's relationship with
the Foundation resulted in excessive entanglement. "A relationship results in an
34
excessive entanglement with religion if it requires 'sustained and detailed' interaction
between church and State 'for enforcement of statutory or administrative standards."
(Williams v. California (9th. Cir. 2014) 764 F.3d 1002, 1015-1016.)
As discussed in part III.C.3.b., ante, the trial court made detailed findings
supported by substantial evidence that the District, alone, was responsible for the
curriculum and that the Foundation's involvement in training and certifying the teachers
was limited to assisting the District in ensuring that yoga teachers would be proficient in
teaching yoga poses to the students. Further, there was no evidence that the Foundation
attempted to monitor or influence the yoga program in order to ensure that any purported
religious goals were met. While there was evidence that one yoga teacher, Jennifer
Brown, may have also worked part time for the Foundation, there was no evidence
concerning the nature of her employment with the Foundation or how that employment
might serve to entangle the District with religion. In short, the evidence of the interaction
between the Foundation and District was strictly that of a passive funder and grant
recipient, and in no way reflected an "interference of religious authorities with secular
affairs . . . ."29 (Nurre, supra, 580 F.3d at p. 1097.)
29 Miyashiro testified, "Once a grant becomes public funds, it's ours. We're in
complete control of that." The Sedlocks have not cited any law or authority to the
contrary.
35
D. Conclusion
"When it comes to testing whether words and actions are violative of the
Establishment Clause, context is determinative." (Newdow, supra, 597 F.3d at p. 1019.)
While the practice of yoga may be religious in some contexts, yoga classes as taught in the
District are, as the trial court determined, "devoid of any religious, mystical, or spiritual
trappings." Accordingly, we conclude that the trial court properly determined that the
District's yoga program does not constitute an establishment of religion in violation of
article I, section 4 of the California Constitution.30
30 The Sedlocks also contend that the District's yoga program violates two additional
provisions of the California Constitution, namely, the free exercise and no preference
provision of article I, section 4 ("[f]ree exercise and enjoyment of religion without
discrimination or preference are guaranteed"), and the no aid to religion provision of
article XVI, section 5 (no "school district . . . shall ever make an appropriation, or pay
from any public fund whatever, or grant anything to or in aid of any religious sect,
church, creed, or sectarian purpose, or help to support or sustain any school, college,
university, hospital, or other institution controlled by any religious creed, church, or
sectarian denomination whatever"). However, the Sedlocks provide no independent
arguments in support of these claims. Accordingly, for the reasons stated in the text with
respect to their establishment clause claim, we reject the Sedlocks' claims under these
additional provisions of the California Constitution.
36
IV.
DISPOSITION
The judgment is affirmed.
AARON, J.
WE CONCUR:
McCONNELL, P. J.
HUFFMAN, J.
37