Education Law

Does Yoga Violate the Establishment Clause

Here is an interesting one out of New York. Some parents there are objecting to the school's use of yoga to relieve stress before exams because it violates the Establishment Clause of the Constitution.

What's that ... you didn't know yoga was a religious activity? That all the folks down at the local health center were really engaging in worship each morning? That all those yoga books were actually religious texts. That doctors prescribing yoga for carpal tunnel were really missionaries? That the 13.4 million Americans out there engaging in yoga type activities were really connecting with the Gods (plural).   Me neither, actually. But, the parents are right in at least a historical sense. Yoga stems from Hindu mental and physical discipline practices.

I think this is an easy one, even if we allow that yoga is somehow closely connected with Hinduism. The Supreme Court has ruled on numerous occasions that some religious symbolism (Jesus-less crosses) or activities (Christmas) have moved somewhat out of the bounds of religion and have become so much a part of the fabric of America that it is permissible for schools and other public organizations to engage in those activities. In essence, the idea is that these are historical activities, not religious activities. A term we use to refer to this is ceremonial deism. This is the rule that allows for "In God We Trust" to be on our dollar bills, to say a prayer before opening sessions of Congress, to justify the "under God" in the Pledge of Allegiance ... you know what I am talking about. Most of these practices in the U.S. stem from Christian traditions, but here we have a good example of one stemming from the Hindu tradition; nevertheless I think the theory applies just the same. Yoga has become so ingrained in our fabric that we have tended to forget (or never learn) its religious ties. Yoga is a part of our history now, so even if a court were to draw a connection between Yoga and Hinduism (which I sort of doubt it would anyway), I still think it would not violate the Establishment Clause. So, everyone should relax on this ... and if not, maybe a little yoga would help.

Photocredit: kk+ - h/t Scott McLeod

Full post as published by Edjurist on October 06, 2008 (boomark / email).