However, in my ongoing and futile crusade to police non-lawyers from too-eagerly making pronouncements about matters of law, I will cry foul on Jezebel's coverage of the decision -- particularly the following line:
The family plans to appeal the decision because simply opting out ofNo, no, no, no, no. The Yoga program is constitutional because its non-religious, not because it is non-compulsory. If it was religious, the existence of an opt-out provision would not and should not save it (as the court itself observes in a footnote). The reasons why should be immediately obvious if we substitute in a prayer event -- the Church/State harm wouldn't be resolved via an announcement that "all the people who don't love Christ, feel free to conspicuously refrain from participation". This is something the Supreme Court has be quite emphatic about, and rightly so. So while I appreciate the sense that the parents in this action are being hyper-sensitive (or perhaps more likely, concern-trolling), this is not actually a valid response to the claim (and again, the court here explicitly stated that the voluntary nature of the program was not a factor in its decision).
ritualized prayers to the sun godyoga isn’t good enough.