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Americans United files suit to stop a string of taxpayer-funded Ariz. Charters from preaching religion.
The schools are modeled on the teachings of W. Cleon Skousen, a

former administrative employee at the FBI and a conspiracy theorist who

wrote a number of books expounding on his beliefs that the United States

is playing a providential role in world history.

The first principle, for example, states that "Natural

Law" is the only solid basis for government. This is defined as

"laws which the Supreme Creator has already established."

The lawsuit is being litigated by Americans United Legal Director

Richard B. Katskee and AU Madison Fellow Carmen Green. Joining them are

John Nadolenco and Kristin Silverman of Mayer Brown LLP, a national law

firm, and Roopali Desai and D. Andy Gaona of Coppersmith Brockelman PLC

in Phoenix.

The American Government course looks to be drenched in religion.

It's based on 28 principles that supposedly are required for sound

government. Many of them are religious in nature.

A strident anti-Communist in the 1950s, Skousen, Salon reported in

2009, gave lectures for the John Birch Society. He later began peddling

wild-eyed conspiracies about a "New World Order" laced with

attacks on the United Nations. In 2007, even the archly conservative

National Review called him an "all-around nut-job."

Skousen, who died in 2006, was a member of the Church of Jesus

Christ of Latter-day Saints (Mormons) and believed that the U.S.

Constitution had been divinely inspired. He felt that America had a role

to play in religious prophecy and also believed that the Anglo-Saxons

who eventually settled the North American continent were descendants of

the 10 lost tribes of ancient Israel.

Sometimes Skousen simply got things wrong. In The 5000 Year Leap,

Skousen asserts, "From all this it will be seen that the Founders

were not indulging in any idle gesture when they adopted the motto

'In God We Trust.'" In fact, the Founders had nothing to

do with the adoption of "In God We Trust" as a national motto.

The U.S. Congress chose it in 1956.

Despite these intolerant views, Skousen's fans remain

undeterred. According to his acolytes, Skousen is a kind of unsung hero

who dared to tell the real story of America's origins.

Skousen's version of things, heavily intertwined with his own

peculiar theology, holds that America's founders were guided by

God.

Beck, who in 2007 wrote a new forward to The 5000 Year Leap, made

Skousen's works popular in Tea Party circles. Right-wing activists

then began turning to a group based in Idaho called the National Center

for Constitutional Studies [NCCS) that promotes Skousen's ideas

through literature sales and seminars.

Such concepts would raise few eyebrows in a private, sectarian

school. But Heritage Academy, which has campuses in Mesa, Queen Creek

and Laveen, isn't private. It's a charter school, an arm of

the public education system that is funded by taxpayer dollars.

Officials at the board refused to take the issue seriously,

insisting that the textbooks were appropriate for use.

In the column, Taylor claims that the passage from the

Constitution's preamble stating "In order to form a more

perfect union ..." comes from Genesis 2:24, which states,

"Therefore shall a man leave his father and his mother, and shall

cleave unto his wife: and they shall be one flesh."

To mainstream scholars, Skousen's ideas are only so much

bunkum.

The day the suit was filed, AU's Green penned a post for

AU's "Wall of Separation" blog taking a closer look at

the Academy's curriculum.

Caption: Heritage Academy in Mesa: Preaching religion?

Members of the LGBTQ community don't fare well in

Skousen's worldview either. Gays are accused of taking part in

"unnatural sexual practices." Being gay, Skousen asserts, is a

type of "insanity" that has "shattered twenty mighty

civilizations in the past. " Skousen favorably cites ancient legal

codes that made homosexual acts a capital offense.

How did things get to this point? Part of the problem may lie in

the nature of charter schools. The concept, which came into vogue a few

decades ago, was designed to allow for experimentation in education by

encouraging community groups, businesses and groups of parents to form

schools that explore non-traditional approaches to learning.

In June of 2014, AU tried again. Attorneys wrote to the board once

more, citing specific passages from two books, The 5000 Year Leap and

The Making of America.

The letter pointed out that The 5000 Year Leap asserts that

non-believers are "irrational" and that parts of it read like

a religious tract. One section of the book is titled "How Can One

Know There Is a God?"

NCCS has ties to Heritage Academy. The school's principal,

Earl Taylor Jr., who also teaches classes at the school, serves as

president of NCCS. On its website, NCCS refers to Heritage Academy as

"our charter high school." The group has produced a commentary

on The 5000 Year Leap titled Proclaim Liberty Throughout All the Land

that is also used in the school.

Added Beck, "Teach it to your children. Read it to them at

night. Bring it to the dinner table. It will be the only chance they

have to actually learn American history."

Asserts the lawsuit, "By teaching religious beliefs in a

public charter school, which is subject to the U.S. Constitution just

like all other public schools, Heritage Academy has violated the First

Amendment."

Epps added, "Any student taught from these materials in a

public institution is being subjected to religious indoctrination [and]

is also being crippled educationally and will be ill-prepared to take

part in any serious program of instruction of American government and

law."

In many states, charter schools have been implemented without

presenting church-state problems. But in a handful cases, religion has

infiltrated the curriculum of these institutions. Heritage Academy

appears to be one of those cases.

After AU's original protest two years ago, Garrett Epps, a law

professor at the University of Baltimore who has studied Skousen's

books, told the Arizona Republic, "Skousen's account of the

growth and meaning of the Constitution is quite inaccurate. "

The 5000 Year Leap also promotes rigid gender roles from days gone

by. It calls for wives to submit to their husbands. The book asserts

that a man is to "protect and provide" while a woman's

role is to "strengthen the family solidarity in the home and

provide a wholesome environment for her husband and children." Men

are to make all decisions, and Skousen even implies that women

shouldn't have the right to vote. He asserts that in ancient

biblical societies, men voted on behalf of the entire family.

"In a transparent attempt to proselytize the school's

religious views, Heritage Academy students are further taught that they

are duty-bound to implement and instruct others about these religious

and religiously based principles in order to restore the United States

to 'freedom, prosperity, and peace,'" reads the legal

complaint.

But once again, state education officials refused to deal with the

issue. In response, Americans United's attorneys began gathering

evidence for a lawsuit. That case, Doe v. Heritage Academy, Inc., is now

under way and could have national implications as charters continue to

spread.

AU's new lawsuit aims to compel Heritage Academy to do just

that.

Public schools can't push religion like this, and Americans

United intends to put a stop to it. The organization filed a federal

lawsuit Sept. 7 that seeks to end the religious indoctrination going on

at Heritage Academy.

Skousen's writings are soaked with inaccurate--and

offensive--views about American history. A fan of the neo-Confederate

version of history, he once favorably cited an article arguing that

slaves in the Deep South were well cared for and often envied by whites.

He also argued that Native Americans lost their land because of

God's judgment, and once even asserted that the United States made

a mistake by entering World War II.

"Students should learn about government in government class;

they shouldn't be learning their teacher's preferred

theology," Green observed. "Public charter schools, like all

public schools, should respect the religious freedom of students and

their families to make decisions about religious belief for

themselves."

Although an obscure figure to most people, Skousen began gaining

popularity among the far right after television personality Glenn Beck

started promoting his works, especially The 5000 Year Leap.

In an American Government class and other courses, students are

taught that non-believers are mentally unfit, the Constitution was

inspired by the Bible and evolution is an unsound theory.

AU's complaint also details several instances of Heritage

teachers working to undermine instruction on evolution. A science

teacher told students that while they must learn about evolutionary

theory, they don't have to believe it. After a student made a

presentation on Charles Darwin, a history teacher spent several minutes

attacking evolution.

The suit also points out that Heritage required students to

actively spread its unusual views.

"Because the two books clearly promote and endorse specific

religious views and ideologies, we ask you to remove The 5000 Year Leap

and The Making of America from Heritage Academy's curriculum,"

wrote AU to Arizona education officials. "We further request that

you ensure that Heritage Academy's history and government classes

not be taught in a manner that is similar to the instruction in the two

books or that otherwise promotes or endorses religion."

Green noted that Skousen's book, The Making of America, which

is also required reading at Heritage Academy, came under scrutiny in

1987 when California's Bicentennial Commission approved its sale

for a fund-raising project. Commission officials were embarrassed when

mainstream historians pointed out that the book contained errors and

racist content.

Although officials with the Mormon church in the late 1970s made it

clear that they did not endorse Skousen's teachings, he remained

popular with some ; church members and eventually began gaining notice

outside of Mormon circles. Beck, a fellow Mormon, was apparently

entranced by Skousen's novel theories.

Other sections of the tome, AU's letter noted, are titled

"Concerning God's Revealed Law Distinguishing Right from

Wrong" and "The Nearness of God."

The fourth principle states, "Without religion the government

of a free people cannot be maintained," while the fifth principle

maintains, "All things were created by God, therefore upon Him all

mankind are equally dependent and to Him they are equally

responsible." The ninth principle holds that "To protect

man's rights, God has revealed certain principles of divine

law."

Ideas like this run throughout the American Government course at

Heritage Academy. AU's legal complaint asserts that much of the

course is based on the 28 principles outlined in Skousen's book.

Students are required to memorize the principles and recite them in

class. They're also told to analyze news stories and explain how

current events do or do not align with the principles.

Students attending Heritage Academy, a string of charter schools in

three Arizona cities, are learning some unusual things.

The two defendants in the case include an anonymous "John

Doe" plaintiff who has at least one child who attends Heritage. The

User Image - Blocked by "Display Image" Settings. Click to show.

other plaintiff, the Rev. David Felten, is head pastor of The Fountains,

a United Methodist church in Fountain Hills, Ariz. Felten, who has a

child who attends another charter school, said he objects to the use of

his tax dollars paying for religious instruction.

[ILLUSTRATION OMITTED]

Taylor writes regularly for NCOS's website. Many of his

columns dwell on his belief that the United States was founded on the

Bible. One of them, dated Jan. 1, 2014, is titled "Parallel

User Image - Blocked by "Display Image" Settings. Click to show.

Concepts between the U.S. Constitution & the Bible." It

attempts to prove that the Bible inspired the Constitution, but the

links exist mainly in Taylor's mind.

Americans United first became aware of problems at Heritage Academy

more than two years ago, when parents raised concerns and alerted the

group. In December of 2013, AU attorneys attempted to resolve the matter

outside of court. They sent a letter to officials at the Arizona State

Board for Charter Schools, alerting them to the problems at the school

and pointing out that some textbooks used there were clearly religious

in nature.

Students are also required to proselytize for Skousen. To pass the

class, each student must tell five people who don't attend

Heritage, or who don't live with them, something they learned about

the Constitution during the class.

"That book is absolutely right," Beck said in 2014.

"That book, The 5000 Year Leap, changed my understanding of the

United States government and our founders. It is the clearest, simplest,

most direct way to teach what happened and why we were founded the way

we were. "





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