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Christian Parents in Tenn. Win Suit Over ‘Offensive’ Textbooks : Judge Requires Damages From School Board

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Associated Press

Seven families who filed suit contending their children’s reading books contained material offensive to their strict Christian beliefs won their case today.

U.S. District Judge Thomas Hull said the families are entitled to damages from the Hawkins County school board because the district’s insistence on using the Holt, Rinehart, Winston series of reading books violated their First Amendment rights.

“In forcing the plaintiff-students to read from the Holt series or to forfeit a free public education, the defendants have burdened the plaintiffs’ right of free exercise of their religion,” Hull said in a 27-page opinion.

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Jury to Set Damages

He set a tentative date Dec. 15 to convene a jury, which will decide how much the families are entitled to in damages.

“I can say I’m very grateful and I’m very thankful,” said Vicki Frost, one of the parents and the leading witness in the trial.

“It’s a wonderful victory. We’re ecstatic,” said Michael Farris, who represented the parents.

The Washington-based group People for the American Way, which provided lawyers for the school board, called the decision “a recipe for disaster in the public schools.”

Anthony Podesta, president of the organization, said the decision will “invite every sect in the country to pick and choose which parts of the curriculum it will accept.”

Appeal Called Certain

An appeal by school officials is certain. Both sides have said the case may eventually go to the U.S. Supreme Court.

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The families sued the Hawkins County schools in 1983 after objecting to hundreds of passages in the readers, including stories by Margaret Meade, Isaac Asimov and Danish fairy-tale writer Hans Christian Andersen.

The parents said the books contained references to witchcraft, exotic religions, one-world government and relative ethics, all of which violate their Christian beliefs.

“The Diary of Anne Frank” was objected to because it tolerated all religions. “The Wizard of Oz” was deemed objectionable because it told children that traits such as courage, intelligence and compassion are personally developed rather than God-given, and it depicted a witch as good.

Students’ Rights Upheld

Hull, in his decision, said Hawkins County school officials must teach the reading program without jeopardizing the students’ rights to a free public education or religious freedom. He did not specify how the district was to do that.

“The plaintiffs have sincerely held religious beliefs which are entitled to protection under the free exercise clause of the First Amendment and which are offended by certain recurring themes in the Holt series,” Hull said.

“The state of Tennessee and the Hawkins County Board of Education have a legitimate, compelling, and overriding interest in the education of public school students; this interest does not necessitate uniform use of the Holt series and can be achieved by less restrictive means,” he said.

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Hull said that since Tennessee laws require education while allowing youngsters to be taught at home or in private schools, the state is acknowledging that there are ways to accommodate children and achieve its goals. He did not elaborate.

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