Lexington Herald-Leader (Kentucky)
Distributed by Knight/Ridder Tribune News Service
August 5, 2006 Saturday
'Infidel' texts banned in schools: Educators say they follow state law
BYLINE: Frank E. Lockwood, The Lexington Herald-Leader, Ky.
Aug. 5--It sounds like a decree from the Middle Ages or the Middle East --
a ban on "infidel" books.
But it's the law of the land in Kentucky.
Under state statute, "no book or other publication of a sectarian, infidel
or immoral character, or that reflects on any religious denomination,
shall be used or distributed in any common school."
The law also prohibits schools from teaching "sectarian, infidel, or
immoral doctrine."
The state's book ban does not apply to the Bible. Kentucky courts have
ruled that the Christian and Hebrew scriptures are not sectarian.
The prohibition on "infidel" books is at least 100 years old. But it is
not just a dust-covered relic. Schools across the state, including those
in Lexington, have added the book ban to their official policy manuals.
"It's still a law on the books. It's still a law schools have to follow,"
said Brad Hughes, a spokesman for the Kentucky School Boards Association.
That group includes the book ban in its model policy and procedures,
although it no longer warns schools to avoid "infidel" doctrine.
Hughes said he doubts anyone is actually searching for heretical texts in
Kentucky.
"We do not believe there is any school in the state that is using an
infidel litmus test," he said.
Lisa Deffendall, a spokeswoman for the Fayette County Public Schools, says
Lexington included the infidel books ban when it updated its policies in
2003.
"The legislature sets up laws, and as a board of education we have to
follow those laws," she said.
Some religious leaders questioned the appropriateness of the broadly
worded ban.
"It was passed, no doubt, at a time when there was a common public
consensus about morality that I think frankly no longer exists," said
former Kentucky Baptist Convention president Hershael York. Today, "we
live in a state that has a lot more different religions. The definition of
infidel is obviously going to be problematic."
Ihsan Bagby, a Lexington mosque president and University of Kentucky
Islamic studies professor, called the law "unbelievable."
"This is totally against the interests, I think, of education; the
interests, I think, of America," he said. "The words sectarian and infidel
just do not have any place in an educational setting."
There are legal as well as spiritual objections to the statute.
Beth Wilson, executive director of the American Civil Liberties Union of
Kentucky, said it's unclear what the legislature means by "infidel or
immoral character or doctrine."
"Those are very vague terms that could be used in unconstitutional ways,"
she said.
Infidel, for example, is defined as one who holds no religious belief.
Bruce Fein, a leading constitutional law expert, says the ban raises
interesting legal questions.
"Certainly this kind of prohibition would be highly suspect under the
constitution," he said. "It's highly vulnerable to First Amendment
attack."
Under federal law, a plaintiff also could recover attorneys' fees, he
added.
It's unclear when lawmakers first decided to target "infidel" books. The
ban is mentioned in a 1905 court ruling, and its language was included in
the 1934 education reform laws. Lawmakers voted to keep the prohibition
when they passed the Kentucky Education Reform Act of 1990.
Today, two lawmakers said they were unaware of the legal provision.
"Wow. What a surprise," said state Rep. Kathy Stein. The ban "could cause
school boards real problems" if parents attempt to use it to remove
controversial books from school libraries.
The law on infidel books and doctrine is one of many state statutes that
address religion in the schools.
One authorizes teachers to teach "the theory of creation as presented in
the Bible."
Another allows the Lord's Prayer to be recited in public school
classrooms.
State law requires teachers to read the Bible to their students and allows
educators to observe a moment of silence at the start of the school day.
The U.S. Supreme Court has thrown out similar Bible-reading and Lord's
Prayer statutes in other states.
Reach Frank Lockwood at (859) 231-3211 or (800) 950-6397, Ext. 3211, or
flockwood@herald-leader. com
Copyright (c) 2006, The Lexington Herald-Leader, Ky. Distributed by
McClatchy-Tribune Business News. For reprints, email
tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send
a fax to 847-635-6968, or write to The Permissions Group Inc., 1247
Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
Distributed by Knight/Ridder Tribune News Service
August 5, 2006 Saturday
'Infidel' texts banned in schools: Educators say they follow state law
BYLINE: Frank E. Lockwood, The Lexington Herald-Leader, Ky.
Aug. 5--It sounds like a decree from the Middle Ages or the Middle East --
a ban on "infidel" books.
But it's the law of the land in Kentucky.
Under state statute, "no book or other publication of a sectarian, infidel
or immoral character, or that reflects on any religious denomination,
shall be used or distributed in any common school."
The law also prohibits schools from teaching "sectarian, infidel, or
immoral doctrine."
The state's book ban does not apply to the Bible. Kentucky courts have
ruled that the Christian and Hebrew scriptures are not sectarian.
The prohibition on "infidel" books is at least 100 years old. But it is
not just a dust-covered relic. Schools across the state, including those
in Lexington, have added the book ban to their official policy manuals.
"It's still a law on the books. It's still a law schools have to follow,"
said Brad Hughes, a spokesman for the Kentucky School Boards Association.
That group includes the book ban in its model policy and procedures,
although it no longer warns schools to avoid "infidel" doctrine.
Hughes said he doubts anyone is actually searching for heretical texts in
Kentucky.
"We do not believe there is any school in the state that is using an
infidel litmus test," he said.
Lisa Deffendall, a spokeswoman for the Fayette County Public Schools, says
Lexington included the infidel books ban when it updated its policies in
2003.
"The legislature sets up laws, and as a board of education we have to
follow those laws," she said.
Some religious leaders questioned the appropriateness of the broadly
worded ban.
"It was passed, no doubt, at a time when there was a common public
consensus about morality that I think frankly no longer exists," said
former Kentucky Baptist Convention president Hershael York. Today, "we
live in a state that has a lot more different religions. The definition of
infidel is obviously going to be problematic."
Ihsan Bagby, a Lexington mosque president and University of Kentucky
Islamic studies professor, called the law "unbelievable."
"This is totally against the interests, I think, of education; the
interests, I think, of America," he said. "The words sectarian and infidel
just do not have any place in an educational setting."
There are legal as well as spiritual objections to the statute.
Beth Wilson, executive director of the American Civil Liberties Union of
Kentucky, said it's unclear what the legislature means by "infidel or
immoral character or doctrine."
"Those are very vague terms that could be used in unconstitutional ways,"
she said.
Infidel, for example, is defined as one who holds no religious belief.
Bruce Fein, a leading constitutional law expert, says the ban raises
interesting legal questions.
"Certainly this kind of prohibition would be highly suspect under the
constitution," he said. "It's highly vulnerable to First Amendment
attack."
Under federal law, a plaintiff also could recover attorneys' fees, he
added.
It's unclear when lawmakers first decided to target "infidel" books. The
ban is mentioned in a 1905 court ruling, and its language was included in
the 1934 education reform laws. Lawmakers voted to keep the prohibition
when they passed the Kentucky Education Reform Act of 1990.
Today, two lawmakers said they were unaware of the legal provision.
"Wow. What a surprise," said state Rep. Kathy Stein. The ban "could cause
school boards real problems" if parents attempt to use it to remove
controversial books from school libraries.
The law on infidel books and doctrine is one of many state statutes that
address religion in the schools.
One authorizes teachers to teach "the theory of creation as presented in
the Bible."
Another allows the Lord's Prayer to be recited in public school
classrooms.
State law requires teachers to read the Bible to their students and allows
educators to observe a moment of silence at the start of the school day.
The U.S. Supreme Court has thrown out similar Bible-reading and Lord's
Prayer statutes in other states.
Reach Frank Lockwood at (859) 231-3211 or (800) 950-6397, Ext. 3211, or
flockwood@herald-leader. com
Copyright (c) 2006, The Lexington Herald-Leader, Ky. Distributed by
McClatchy-Tribune Business News. For reprints, email
tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send
a fax to 847-635-6968, or write to The Permissions Group Inc., 1247
Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
posted by:
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Indiana
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Re: Kentucky: "Infidel" texts banned in schools
Mon, August 21, 2006 - 9:16 AM**Hughes said he doubts anyone is actually searching for heretical texts in
Kentucky.**
This is the same state where the "Creationist History Museum" is opening soon. I'm sure that someone has enough free time on their hands to go through all the library books and find the "heretical" texts.
