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8 Stan. J. C.R. & C.L. 245 (2012)
The Establishment Clause and Public Education in an Islamophobic Era

handle is hein.journals/stjcrcl8 and id is 255 raw text is: ARTICLE
THE ESTABLISHMENT CLAUSE AND
PUBLIC EDUCATION IN AN ISLAMOPHOBIC
ERA
Yaseen Eldikt & Monica C. BellT
The public education system has often been considered a critically important
site for inter-ethnic dialogue designed to root out the prejudice that leads to
discrimination against ethnic minorities. However, the prohibition of certain
religious practices in schools has placed the celebration of religious diversity
in a more precarious position than the promotion of racial diversity in ways that
have deleterious effects for Muslim Americans. This Essay argues that Supreme
Court jurisprudence on religious establishment in public schools has contributed
to public education's inefficacy as a tool to dismantle fear and prejudice against
Muslims. We explore judicial, political, and practical approaches to bringing
constitutionally permissible religious education and interfaith dialogue into
public schools.
INTRODUCTION................................................. 245
I. RELIGION IN PUBLIC SCHOOLS IN THE COURTS ........                 ......... 249
II. RELIGION VERSUS RACE IN PUBLIC SCHOOLS ..................... 254
III. CONCLUSION AND POTENTIAL SOLUTIONS ....................... 256
INTRODUCTION
The spread of Islamophobia, an irrational fear or prejudice directed toward
Islam or Muslims, threatens to undermine the tradition of religious tolerance
that has defined the United States since its founding. Even though Muslims
have been living in the United States for many generations, they are now often
t Summer Research Fellow, Harvard Law School. The authors thank Professor Ronald S.
Sullivan, Dr. Liza Cariaga-Lo, and participants in the Leadership Alliance Mellon Initiative
research workshop for their invaluable input and support.
T J.D., Yale Law School; Ph.D. student, Harvard University.

245

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