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Schultz v Medina Order

Schultz v Medina Order

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Published by: religionclause on Feb 10, 2012
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INTHE UNITED
STATES
DISTRICTCOURTFOR THE WESTERNDISTRICT
OF TEXAS
SAN
ANTONIO DIVISIONCHRISTASCHULTZ
and
DANNY
SCHULTZ, both
Individuallyand
as
Parents
and
Guardiansof Minor
Child
C.S., a
Minor
(CORWYN SCHULTZ,
now
an
Adult and
Formerly
a
Student
in
theMedina
Valley
Independent
School
District); and TREVORSCHULTZ, Individually,Plaintiffs,
V.
MEDINA VALLEY
INDEPENDENTSCHOOLDISTRICT,Defendant.
FILED
FEB
9
2012
CLERK,1dISTRICT
COURTWESTERN
DTh(TOF
TEXAS
CIVILACTION
NO. SA-11-CA-422-FB
OPINION
AND
ORDER
OF THECOURT CONCERNING
JOINT
MOTION
TO
APPROVESETTLEMENT
AND
ENTER
CONSENT
DECREE
Beforethe Court
is
a
proposed
Settlement Agreementand ReleaseArising During Mediation("Agreement")
for
review
and
approval
or disapproval which,
if
approved
by theCourt, will bring thislitigation
to
a close and
establishrules under which
the partiescan operate
as
they peacefully move
on
with their lives
and
educatestudents
of
the Medina Valley IndependentSchool District.
What
ThisCase Has Not Been
About
The
right
topray.Any
American
can pray, silentlyor verbally, seven daysa week,
twenty fourhours
a
day, in
private
as
Jesus
taught'
or inlarge
public events
as
Mohammed
instructed.2
Matthew
6:5-8
("and when you pray,
do not
be
like
the
hypocrites,for they
lovetopraystanding
in
thesynagogues and
on
the
street corners to
be seen
by
others.
. . .
But when youpray, go into
your room, close
the
door
andpray.
. .
.
And whenyou pray, do
not keep
on
babbling
like
pagans,
for
they think they willbe heard because
of
their
many words.").
2
Quran
2:43
("You
shall
observe
the
Contact Prayers and give
the
obligatory charity,
and bow down with thosewho bow down."). Muslims are
obligated
to
attend the mosque
at
least once
a
week
and
other prayers
may be
said alone,
but
all
prayer
is
always
moreacceptable to
God
in
community.
See
PAUL GRIEVE,
A
BRIEF GUIDE
TO ISLAM:
FAITH,RELiGION, POLITICS
(Carroll
and
Graf2006).
Daily prayers withinfixed times aredone"withthe entire brotherhood andsisterhood
of
believers facing towardsMecca from
all
around the world, followingthe same
prescribed
formula."
Id.
Case 5:11-cv-00422-FB Document 136 Filed 02/09/12 Page 1 of 3
 
The Real IssueDoesthe
United States Constitution allow
a
government entity elected
bythe
majority
to use
its
power
to
tax
and
its
agents and employees
to
supportand promote
a
particular religious viewpoint
not held
by
a
minority?
The Court
is
aware
that
counsel, the mediator and parties havespentcountless hoursseekingresolution.
To
theextentthese issues may arisein other school districtsand others may find guidance fromthis matter, theAgreement
of
the parties
is
set
forth
in
Appendix
I.
For
those who choose
to
enlighten themselves
onwhy
separation
of
church
and
state has
been anissue
of
greatdebateand
importance
in
American
history,
Appendix
II
follows Appendix
I.
The
Courthas thoroughly reviewed the proposed Agreement and finds
it
achieves reasonablebalance between competing First
Amendment
rights
of
free speech
for student speakers and freedom fromgovernmentendorsement
of
a
particular
religious
belief.Accordingly, and
with gratitude
to
all
who have workedtofindafair and
just
compromise,theattached Settlement
Agreement and Release Arising
During
Mediation ("Agreement")
is
APPROVED.The settlement
memorialized
in
today's
Order signifies
a
bright point
in our
nation's
long and
difficult effort
to
harmonize thecompeting interests written
intothe
FirstAmendment. Although
thispursuit
is
far fromover,
"[l]et
us
realize the
arc
of
the moral universe
is
long,
butit bends toward
justice."3
While the Court will
retain
jurisdiction
for
a
period
of
ten
years,
as set
forth
in
1.1
of
the
Agreement,
the
Court
is
confident the parties
in
their spiritual
journey
will
be
tolerant
of
the beliefs
of
others
and abide by
thestandards theyhavesetfor themselves.Allthings
work together
for
good.4
MARTIN LUTHER
KING,
JR.,
A
TESTAMENT
OF
HOPE: THE ESSENTIAL WRITINGS AND
SPEECHES
OF
MARTINLUTHER KING, JR.
252 (James Melvin Washington,
ed. 1990).
Romans
8:28.
2
Case 5:11-cv-00422-FB Document 136 Filed 02/09/12 Page 2 of 3

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