289 A.2d 914 | Conn. Super. Ct. | 1971
The plaintiffs are school children who attend public schools in the town of Hamden and their parents. The defendants are the board of education of the town of Hamden and the state board of education. The complaint in this action seeks to obtain temporary and permanent injunctions against the use of a printed curriculum by the state board of education in authorizing, and the Hamden board of education in teaching, a course entitled "Health Education." It is a course which requires compulsory attendance and includes, in addition to physical education, a comprehensive and planned sequential study of "reproduction," "hygiene," "sex education," "family life" and "growth." It has been prepared as a planned guide for use of teachers in instruction of school children of differing age and grade levels from kindergarten through grade twelve, which marks completion of high school studies. The course is outlined in a detailed curriculum containing 325 pages. The title of the curriculum is, "A Guide for the Teaching of Health, Kindergarten-Grade 12," and is dated November, 1968. The "Guide" is in evidence as a plaintiffs' exhibit and has been in use in the Hamden public schools for approximately two full school years. The curriculum follows in sequential manner the teaching of the following nine main concepts: (1) Growth and Development, (2) Public Health, (3) Family Living and Sex Education, (4) Safety and First Aid, (5) Health Maintenance, (6) Consumer Education, (7) Alcohol, Narcotics, Tobacco, (8) Nutrition, (9) Disease.
In a complaint containing four all-inclusive counts, the plaintiffs allege, among other claims that certain statutes of the state which regulate its educational *400 system have not been complied with and that they do not legally authorize the teaching of health education, the subject curriculum, and compulsory attendance. The plaintiffs further claim that the teaching of "sex education" and "family life" in public schools as a mandatory course is in violation of the provisions of the United States and Connecticut constitutions which prohibit establishment of religion and interference with the rights to the free exercise of religion, and that the teaching of the course is an unconstitutional invasion of the rights of privacy of the plaintiffs.
The complaint raises complicated and sensitive issues of fact and law. Approximately eight weeks were consumed in trial and argument, and the transcript of the trial contains more than 3300 pages. In addition, numerous and voluminous exhibits were introduced in evidence and the court viewed films which were offered by the plaintiffs and which have been in use in teaching the curriculum. The record is replete with conflicting testimony of individual lay witnesses as well as with conflicting expert opinions and printed evidence in the exhibits. Substantial and in some instances new questions of interpretation and construction of statutory and constitutional provisions are raised by the pleadings and the evidence. These questions concern the duties, obligations, rights and interests of the respective parties, as well as the extent of the authority of the town of Hamden and the state of Connecticut in authorizing and teaching a compulsory course in health education. Counsel have recognized the complexities of the issues and the necessity of further inquiry by them into the evidence and the applicable law. For the latter reasons they have requested until October 26, 1971, for the preparation and filing of the final brief by the plaintiffs on the issues relating to the merits of the plaintiffs' prayers for permanent injunctions *401 against the town and the state. A stipulation has been agreed upon by counsel that the trial of the case on the merits shall not be considered as completed until all briefs have been filed with the court.
The parties, through counsel, made oral arguments to the court on the application for temporary injunctions. Counsel for the plaintiffs and the defendants had agreed to file briefs relating to the temporary applications. The defendants have supplemented their oral arguments with written briefs. The plaintiffs have not. The parties have directed their oral and written arguments separately to each of the four counts of the complaint. The court, in like manner, has considered each count as it appears in the complaint and has limited itself only to a consideration of the record in its present state, without final briefs, and solely to the plaintiffs' claims for temporary injunctions.
Count 1 alleges that the state board of education has failed to comply with the statutory requirements of §
When, as required by §
The court is unable to agree with or to accept the plaintiffs' interpretation of the statute as the basis for finding illegality or granting injunctive relief. The use of the word "shall" in the last sentence of §
Article
The United States Supreme Court, in Brown v.Board of Education,
Count 2 alleges that §
Since attendance in the courses is compulsory as to all students enrolled in the public schools in Hamden, without discrimination, there appears to be no proof of lack of either equal protection or due *406 process which could be violative of the fourteenth amendment to the constitution of the United States under the allegations of this count.
There appears in the record no legally sufficient evidence to support the further claim, as alleged in this and subsequent counts, that "irreparable harm" has or "will result to the mental and physical well-being of said children," who are parties plaintiff, or to any of them from compulsory attendance at instruction in the curriculum. In the absence of a clear showing of unconstitutionality by the plaintiffs, the court is bound by the presumptions of regularity in the performance of public duties and of the validity and constitutionality of §
The court is unable to concur that any provision of article
When a local board fails to implement the educational interests of the state in accordance with §
The court finds no basis for injunctive relief in the allegations of this count.
Count 3 alleges that the town of Hamden is using public funds in violation of constitutional religious guarantees to teach a religious philosophy through employment of the curriculum in its public schools and, further, that it is infringing upon the right to the free exercise of religion by requiring attendance at classes wherein instruction and information are received which are contrary to the plaintiffs' religious beliefs. Such practice is claimed by the plaintiffs to be in violation of article
From presiding at the trial and from the evidence, this court recognizes that the allegations of this count represent a principal motivation for the bringing of this action. The plaintiffs in this count allege a violation of both the prohibition of establishment of religion clause of the federal constitution and the right to freedom of exercise of religion clauses of the federal and Connecticut constitutions. The fourteenth amendment renders the state legislature as incompetent as Congress to enact laws respecting an establishment of religion or prohibiting the free exercise thereof.
"The constitutional inhibition of legislation on the subject of religion has a double aspect. On the one *408
hand, it forestalls compulsion by law of the acceptance of any creed or the practice of any form of worship. Freedom of conscience and freedom to adhere to such religious organizations or form of worship as the individual may choose cannot be restricted by law. On the other hand, it safeguards the free exercise of the chosen form of religion. Thus the [Fourteenth] Amendment embraces two concepts — freedom to believe and freedom to act. The first is absolute but, in the nature of things, the second cannot be. Conduct remains subject to regulation for the protection of society. The freedom to act must have appropriate definition to preserve the enforcement of that protection. In every case the power to regulate must be so exercised as not, in attaining a permissible end, unduly to infringe the protected freedom. No one would contest the proposition that a State may not, by statute, wholly deny the right to preach or to disseminate religious views. Plainly such a previous and absolute restraint would violate the terms of the guarantee. It is equally clear that a State may . . . safeguard the peace, good order and comfort of the community, without unconstitutionally invading the liberties protected by the Fourteenth Amendment." Cantwell v. Connecticut,
The principal objection to the curriculum was heard at trial from parents of the Catholic religious faith. The basis for their opposition was, in part, that their religious beliefs imposed upon parents the primary obligations for education of their children and that, in the area of sexual education particularly, papal encyclicals and Vatican II directed parents to instruct their children in the home in sexual matters. The limits and basis of the parents' claimed privilege in this area are not clearly defined, either in the allegations of count 3 or from the evidence. The record discloses open and express objection *409
to "sex education," as such, but indicates approval of education in adjusting to the menstrual period and of certain other sex-related instruction appearing in the printed curriculum. Minimal evidence appears that the plaintiff parents had been complying with claimed religious pronouncements relating to sex education in the home. Although authorized by §
The plaintiffs claim in this count that the practice of teaching the curriculum denies to them the religious freedoms guaranteed by the first amendment and that therefore the curriculum, as well as the statutory authority under which it is taught, is unconstitutional and void. The burden undertaken by the plaintiffs by making such claims is made greater than if the plaintiffs had claimed that individual rights were being invaded and that individually they seek exemption from the curriculum or some other specific form of alternative relief. The plaintiffs, few in number, have elected, instead, to undertake a sweeping constitutional indictment against the validity of a statewide educational, statutory authority. In adopting this course of action, the plaintiffs have lessened the weight to be given to their individual interests in balancing such interests against the interests of the public and the state. The few in this case attempt to invalidate courses of studies which presently are being attended by and authorized for the majority of the many who comprise the Hamden and state student body. No claim is made by the plaintiffs that this action is a class action on behalf *410 of all children in the Hamden schools, or of all children of certain religious persuasions. The parents of other children might not all possess the same sincere and conscientious beliefs as those claimed to be held by the plaintiffs. They may be of differing religious beliefs and faiths, and some might be atheists. It must be assumed that the commitments of those others to their respective beliefs, whether of an organized religion or not, may be as equally sincere and conscientious as those claimed to be held by the plaintiffs. Such other sincere and conscientious beliefs, though differing in content, may be subject to the same protection and guarantees under the first amendment as the claimed sincere and conscientious religious beliefs of the plaintiffs.
Several components of the free exercise balancing test to be considered by a court have been well stated as follows: "A thoroughgoing balancing test would measure three elements of the competing governmental interest: first, the importance of the secular value underlying the governmental regulation; second, the degree of proximity and necessity that the chosen regulatory means bears to the underlying value; and third, the impact that an exemption for religious reasons would have on the over-all regulatory program. This assessment of the state's interest would then have to be balanced against the claim for religious liberty, which would require calculation of two factors: first, the sincerity and importance of the religious practice for which special protection is claimed; and second, the degree to which governmental regulation interferes with that practice." Giannella, "Religious Liberty, Nonestablishment, and Doctrinal Development. Part 1. The Religious Liberty Guarantee," 80 Harv. L. Rev. 1381, 1390. This court recognizes the problems in employing the foregoing three factors in the absence of fixed rules of law. *411
The court is compelled to conclude under the facts in this case that there appears to be no denial of equal protection or substantive due process or equality under the fourteenth amendment, since the course is taught to all pupils, of mixed religious beliefs, and without discrimination. the state board of education is directed by statute to determine the educational policies of this state and to administer the public school system. There is no evidence that in authorizing the teaching of a course in health education the state acted either arbitrarily or unreasonably. There is equal protection of the laws, as the compulsory nature of the course and the alternatives offered under §
Since the third count challenges statutory authority, the constitutional validity of the legislation under which the school system is administered must *412
be further considered. In a recent United States Supreme Court case, the court held that the Arkansas antievolution statute, which made it a criminal offense to teach the theory that man evolved from a lower form of animal life, was an unconstitutional violation of the establishment and free exercise clauses of the first amendment. The court held that a state may not proscribe the teaching of a particular segment of knowledge solely because it conflicts with a particular doctrine of a particular religious group. Epperson v. Arkansas,
In Everson v. Board of Education, supra, where the state reimbursed parents of parochial school children for bus transportation, the United States Supreme Court held that the use of public funds for this purpose did not violate the first amendment religious clauses, but noted in Lemon v. Kurtzman,
In Tilton v. Richardson,
This court must concur in these conclusions in the Hamden case. Judicial concern that the legitimate secular objectives of the state education laws might possibly be violated by conscious design of one or more school teachers or school administrators does not warrant striking down the constitutional legislative authority of the course as unconstitutional. There is no evidence of any such affirmative acts. There is evidence of neutrality in the religious sphere and only a fear that instruction in the health curriculum could possibly conflict with individual beliefs. The court cannot assume that any religious activities seep into or permeate the secular purposes of the curriculum. Since the plaintiffs are unable satisfactorily to identify any coercion directed at the practice or exercise of religious beliefs, there can be no violation of the free exercise clause of the first amendment. There is evidence only that secular teaching might conflict with individual religious beliefs. See Board of Education v. Allen,
The governmental and public interests of the state in its educational system are of a kind and weight sufficient to relieve it from claims of violations of the first amendment solely on the ground that its wholly secular purposes could possibly clash with a religious belief of the plaintiffs in one or more areas of the curriculum. Unfair or unreasonable burdens do not appear which would or could violate the plaintiffs' religious guarantees.
If the compulsory education law is to withstand the plaintiffs' challenge, it must be either because the statutory authority in question does not interfere with a constitutional freedom to act in accordance with their sincere religious beliefs or because the burden on the free exercise of the plaintiffs' religious beliefs is justified by a "compelling state interest in the regulation of a subject within the *415
State's constitutional power to regulate . . . ."National Assn. for the Advancement of ColoredPeople v. Button,
It must be made clear that it is not the function of this court to evaluate a religious belief for ecclesiastical purposes. School District v. Schempp,
This case primarily questions the right of the parents to regulate the education of their children in public schools as the parents' religious beliefs dictate, as against the justification of the state for regulating public education in a manner which might in some respects conflict with those beliefs. To permit such interference in the public school system by parents under the circumstances of this case could, unjustifiably, only tend to render a well-regulated public school system vulnerable to fragmentation whenever sincere, conscientious religious conflict is claimed. Cantwell v. Connecticut,
The courts have repeatedly held that unconstitutionality based on alleged violations of the religious clauses of the first amendment must be decided on the facts as they appear in each particular case. A study of the cases offers no clear and specific guidelines *416
or rules of law for assistance to the court. In the present case, the curriculum offered is primarily one of a public health nature. It has not been established that serious constitutional questions are involved, even though the parents claim that their rights of control of the child in religious scruples indicate to the contrary. Claims and questions similar to those raised in this count have been held by the federal courts to be inadequate to raise constitutional questions based on the first amendment. See Murdock v. Pennsylvania,
The plaintiffs have failed to establish their rights to temporary injunctions based on the allegations of this count.
Count 4 alleges a constitutional violation of the plaintiffs' right of privacy as a result of teaching "sex education" and "family life and growth" as part of the curriculum. The only evidence offered by the plaintiffs reflected their fear of disclosures by a child in the curriculum classroom discussions of private family activities or conversations which have taken place in the home. Disclosures of this nature are not constitutionally protected and do not constitute an unlawful invasion of privacy under the fourth amendment to the federal constitution, which prohibits "unreasonable searches and seizures," nor under any other law known to the court. Injunctive relief is not warranted. Griswold v.Connecticut,
With respect to one's right to a temporary injunction, it must be emphasized that a temporary injunction *417
is not a matter of right but rather rests in the sound discretion of the court when adequate relief at law is not available. Bendell v. Johnson,
The court, further, is unable to find that irreparable harm has or will result to the plaintiffs by its failure to grant the injunctions, or that the respective rights and interests of the plaintiffs will be prejudiced in any manner by the denial of the injunctions. See Olcott v. Pendleton,
The United States Supreme Court has stated: "Judicial interposition in the operation of the public school system of the Nation raises problems requiring care and restraint. . . . By and large, public education in our Nation is committed to the control of state and local authorities. Courts do not and cannot intervene in the resolution of conflicts *418
which arise in the daily operation of school systems and which do not directly and sharply implicate basic constitutional values." Epperson v. Arkansas,
The court reasserts that in this decision it has considered only the plaintiffs' rights to temporary injunctions. In arriving at its final decision on the merits, the court will fully consider the briefs of respective counsel, and the further claims of fact and law expected to be made in such briefs by the parties.
For the foregoing reasons, the prayers for temporary injunctions are denied.