Religion Is Not The Only Thing That Should Be Separated From The State

The Act of Supremacy of 1534 declared that King Henry VIII (and his successors) was “the only supreme head in earth of the Church of England” and not the pope of Rome. The Treason Act of 1534 made it an act of treason, under punishment of death, to deny the Act of Supremacy. During the reign of Queen Mary, the daughter of Henry VIII, the Act of Supremacy was repealed, but was enacted by the English Parliament again in 1559 after Henry’s other daughter Elizabeth became the queen. The British monarch is to this very day still the head of the Church of England or Anglican Church, which is the established church in England. This is one of the main differences between the United States and Great Britain. Although the United States has a National Cathedral where some state funerals are held (most recently for Jimmy Carter), it is actually an Episcopal church (part of the worldwide Anglican Communion), not owned or controlled by the federal government. The “separation of church and state” is a hallmark of the American system of government.

The First Amendment

The Constitution was drafted in 1787, ratified in 1788, and took effect in 1789. It established the United States as a federal system of government where the states, through the Constitution, granted a limited number of powers to a central government. The Bill of Rights (the first 10 amendments to the Constitution) was ratified by the states in 1791 in response to criticisms of the Constitution by the Anti-Federalists that the Constitution contained no explicit protection of speech, assembly, religion, or the right to bear arms.

The First Amendment reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” It was President Thomas Jefferson who, in an 1802 letter to the Baptists of Danbury, Connecticut, equated the religion clauses in the First Amendment with the “separation of church and state”:

Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between Church & State.

That the “separation of church and state” applied to just the federal government is evident by the fact that some of the states still maintained established churches at the time the Constitution was adopted. The phrase was resurrected by Justice Hugo Black in the case of Everson v. Board of Education (1947). But as Mike Maharrey of the Tenth Amendment Center has observed: “The federal government’s use of the First Amendment to prohibit religious displays in local parks, to force the removal of the Ten Commandments from public schools, or to ban prayers in public assemblies would horrify the founding generation.” Massachusetts was the last of the original states to fully disestablish its churches in 1833. The idea of the “separation of church and state” is now enshrined in all state constitutions.

But religion is not the only thing that should be separated from the state. Unfortunately, the very people who talk the loudest about the separation of church and state never call for the separation of anything else from the state.

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Trump Admin Investigates Chicago Public Schools For Racial Discrimination

The U.S. Department of Education has launched an investigation into Chicago Public Schools (CPS) for alleged racial discrimination in its “Black Student Success Plan,” which reportedly only focuses on the academic achievement of black students.

The Title VI investigation comes after education advocacy organization Defending Education filed a complaint with the department’s Office for Civil Rights in February. The Education Department’s press release states that the “Black Student Success Plan” deals with “remedial measures only for black students, despite acknowledging that Chicago students of all races struggle academically.”

“Chicago Public Schools have a record of academic failure, leaving students from all backgrounds and races struggling and ill-prepared to meet the challenges and enjoy the rewards of contemporary American life,” Craig Trainor, acting assistant secretary for civil rights, said. “Rather than address its record honestly, CPS seeks to allocate additional resources to favored students on the basis of race. The Trump-McMahon Department of Education will not allow federal funds, provided for the benefit of all students, to be used in this pernicious and unlawful manner.”

“To CPS, I say this: Every American student deserves access to a quality education, and the Trump Administration will fight tirelessly to uphold that ideal and ensure all students are treated equally under law,” he added.

Also in February, the department sent a notice to state education officials that they will no longer be allowed to have programs that exclude people based on race or make race-based hiring decisions, as had become the norm for diversity, equity, and inclusion-crazed school districts. Some states, schools, and left-wing interest groups have attempted to fight the directive.

Chicago is no different, and its Democrat mayor, Brandon Johnson, threatened to sue the Trump administration if it cut its $1.3 billion (about 16 percent of CPS’s annual budget) in federal funding due to the city’s DEI obsession.

The state got involved as well, with the Illinois State Board of Education sending a letter to the Education Department claiming it was in compliance with Title VI and that it really has no idea what the Trump administration means by DEI — the common refrain from left-wing protectors of the ideology, despite the fact that what is meant by “DEI” is well documented.

The state board also has an entire page dedicated to its commitment to the ideology, and CPS has an “Office of Equity” complete with a DEI resource guide.

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Three Rogue Judges Block Trump Admin Efforts To Eradicate Discriminatory DEI From Schools

The attempted judicial coup continues apace as three federal district court judges issued directives to stop the Trump administration’s ability to halt federal funding for schools that participate in diversity, equity, and inclusion (DEI) discrimination.

Thursday saw district judges in Maryland, New Hampshire, and Washington, D.C., issue separate sweeping orders to stop some of the major education reforms President Donald Trump was elected to enact.

“Unelected judges, keen to disrupt the President’s efforts to remove color-consciousness from American education have forgotten that the judiciary is the only non-political branch of our tripartite system of government,” Sarah Parshall Perry, vice president and legal fellow at Defending Education, told The Federalist. “Judges that prohibit the Department of Education’s enforcement of its ‘Dear Colleague Letter’ and related civil rights compliance form forget that both are constitutional and a plain-text application of longstanding federal civil rights laws like Title VI.”

“That law specifically conceives that institutions which do not uphold race neutral policies can have their federal funding revoked,” she continued. “Judges are bound to interpret the laws as they read — not as judges wish they read.”

The cases, brought by far-left teachers unions, the National Association for the Advancement of Colored People (NAACP), and others, were decided by two Trump-appointed judges and one appointee of President Barack Obama. They also came just one day after Trump signed yet another executive order trying to rein in the DEI-caused destruction in schools.

New Hampshire District Judge Landya B. McCafferty, the Obama appointee, claimed that the Department of Education did not properly define DEI in a Feb. 14, 2025, “Dear Colleague Letter,” despite the fact that, as McCafferty herself acknowledges, the letter exhaustively described the insidious ideology.

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Supreme Court likely to rule for parental opt-out on LGBTQ books in schools

The Supreme Court on Tuesday was sympathetic to a group of Maryland parents who want to be able to opt their elementary-school-aged children out of instruction that includes LGBTQ+ themes. The parents argued that the local school board’s refusal to give them that choice violates their religious beliefs and therefore their constitutional right to freely exercise their religion. During nearly two-and-a-half hours of oral argument, a majority of the justices seemed to agree with them, with several justices questioning whether there would even be any harm to simply allowing the parents to excuse their children from the instruction. 

The parents in the case have children in the public schools in Montgomery County, which is in the Washington, D.C., suburbs and is one of the most religiously diverse counties in the United States. The parents include Tamer Mahmoud and Enas Barakat, who are Muslim, Melissa and Chris Persak, who are Roman Catholic, and Svitlana and Jeff Roman, who are Ukrainian Orthodox and Roman Catholic. 

In 2022, the county’s school board approved books featuring LGBTQ+ characters for use in its language-arts curriculum. One book describes the story of a girl attending her uncle’s same-sex wedding, for example, while another book, Pride Puppy, tells the story of a puppy that gets lost during a Pride parade. 

The following year, the board announced that it would no longer allow parents to excuse their children from instruction using the LGBTQ-themed storybooks. That prompted the parents in this case to go to federal court, where they argued that the board’s refusal to allow them to opt their children out violated their rights under the First Amendment to freely exercise their religion because it stripped them of their ability to instruct their children on issues of gender and sexuality according to their respective faiths and to control how and when their children are exposed to these issues. 

The lower courts refused to temporarily require the school board to notify the parents when the storybooks would be used and give them a chance to opt their children out of instruction. A federal appeals court reasoned that on the “threadbare” facts before it, the parents had not demonstrated that exposing their children to the storybooks compelled the parents to violate their religion. 

Several justices had questions about what it means for children to be “exposed” to the storybooks. Justice Clarence Thomas asked Eric Baxter – who argued on behalf of the parents – whether the LGBTQ-themed storybooks were merely present in the classroom, or instead actively used as part of the curriculum. 

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Fury over school-issued advice that tells 14-year-old boys how to ‘safely choke their girlfriends during sex’

A council-funded sex education PowerPoint shown to teenagers referenced asking for consent before choking a partner.

The material, funded by Bridgend county borough council in south Wales, was shown to pupils studying PSHE lessons at a range of secondary schools. 

Provided by the council’s domestic abuse service, Assia, the PowerPoint, which was seen by The Times, taught children that ‘consent (when it comes to choking during sex) should happen every time sexual choking is an option’.

‘It is never OK to start choking someone without asking them first and giving them space to say no,’ it continued. 

Experts, however, have shared their deep concern at the sex education class which they say is portraying the idea that ‘choking can be done safely’.

‘This is not sex education, this is just advocacy for the porn industry,’ Michael Conroy, the founder of Men at Work, told The Times. 

‘Imagine you are a 14-year-old girl and you have told your boyfriend you don’t want to be choked but then an authority figure comes into school and tells you it is OK.

‘Choking cuts off oxygen to the brain and is incredibly harmful, it can even kill. Most schools will take it on trust that something endorsed by the local authority is OK.  There is a rampant myth that choking can be done safely and is simply another option for a sexual act.’ 

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Missouri 13-Year-Old Suspended for Making a Rifle Out of Dr. Pepper Cans

A 13-year-old Missouri middle school student was suspended for sharing a photo of his weekend art project on his private Snapchat account. The student, W.G., and his mother Riley Grunden are now suing the school district, principal, and superintendent for violating W.G.’s constitutionally protected First Amendment right to creative expression and for labeling him a “cyberbully” on his permanent record. 

While at home after school on September 14, 2024, W.G. took a photo on his personal electronic device of Dr. Pepper cans assembled into the shape of a rifle to mimic a social media trend of “can art,” according to the lawsuit filed by Goldwater Institute’s American Freedom Network. He then posted the photo on his personal Snapchat story to share with his friends. The post was accompanied by a trending audio file, titled “Ak47,” which includes a voiceover saying, “This is the famous AK47, with over 50 million manufactured in ten countries, the AK47 is the most popular assault rifle in the world.” 

The following day, W.G.’s mother received a phone call from W.G.’s school principal, who informed her that another parent had reported the Snapchat post and that W.G. would be subject to a search before entering the school premises the next day. The day after the search, Grunden met with the principal, superintendent, and school resource officer, where she and W.G. were told that, even though the superintendent had found “no credible evidence of any danger,” the Snapchat post had “brought fear to other students” and could be interpreted as a “terrorist threat.” As a result, W.G. would receive three days of out-of-school suspension for cyberbullying. Before this incident, W.G. had no history of bullying or cyberbullying. Now, Grunden is suing on behalf of her son’s free expression rights. 

Although adolescent social media and internet use is one of today’s hot topics, the Supreme Court has made it clear that schools do not have the right to punish students for constitutionally protected speech that has no connection to school safety. 

The Court’s 2021 Mahanoy Area School District v. B.L. opinion reiterated schools’ limited ability to regulate off-campus speech only when speech materially disrupts the educational environment, and hedged against the temptation to censor all off-campus speech. Rather, the Court warned that “courts must be more skeptical of a school’s efforts to regulate off-campus speech, for doing so may mean the student cannot engage in that kind of speech at all.” Additionally, in the 2023 Counterman v. Colorado opinion, the Court established that speech could only be punished as a “true threat” if the speaker anticipated that the expression would be perceived as threatening. 

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How No-Consequence Schooling Turns Kids Like Karmelo Anthony Into Killers

Earlier this month, 17-year-old high school student Austin Metcalf was stabbed to death at a track meet in Frisco, Texas. Metcalf died in his twin brother’s arms.

As an educator who lives just down the road, I know too well how our system failed to keep Metcalf out of harm’s way.

Karmelo Anthony, also 17, has been charged with first-degree murder in the fatal stabbing. They had never met before the track meet, according a witness. Anthony brought a knife to the track meet and sat under another team’s tent. When asked to move, he reportedly refused and became aggressive. Metcalf stepped in to ask him to move again, to which Anthony responded, “Make me move,” according to Metcalf’s twin, who watched the events. Then Austin Metcalf grabbed Anthony’s backpack and Anthony stabbed him in the chest, his brother said.

Some have tried to make this about race — Metcalf was white, Anthony was black. But let’s not make this about race. This is about human decency and the culture that has eroded it.

A dangerous mindset has won over many young men today. It tells them that nothing really matters — burn it all down and take what you can. It demands respect while offering none in return. It scoffs at authority, mocks standards, and justifies any action that serves one’s immediate desires. I have seen this mindset spread in my years working at a relatively well-off suburban high school down the road from Metcalf’s school. Countless examples come to mind.

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School’s HR chief: ‘We’re going with the black person … no matter what’

The O’Keefe Media Group released undercover video of Jonathan Ferrer, the HR Director for Summit Public Schools, a charter network operating in California and Washington, admitting to race-based hiring.

Ferrer admitted to violating Title VII, California FEHA (prohibits discrimination) and school policy.

“You get presented with, on equal merits, like a white person or a black person or whatever. Yeah, we’re going with the black person,” Ferrer told the undercover OMG reporter.

“Whenever there’s a qualified candidate and they happen to identify differently or present differently, we’re probably going with that person… That’s what DEI is all about,” Ferrer told the undercover journalist.

“We have one trans teacher in our district, and, so, I think it’s just culturally, we just naturally look for those folks,” he said.

When asked if Summit Public Schools would ever hire a Trump supporter, Ferrer said, “I don’t think we would hire them.”

“We do have DEI questions built into our selection process,” Ferrer said. “We have a rubric… if they say any of these things, this is not someone who’s answering the question the way we’re aligned to answer the question.”

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Judge Rules School Can Ban ‘XX’ Protests Over Males in Girls’ Sports

The Bow School District was acting within its authority to kick two soccer dads out of a girls game for wearing pink “XX” wristbands as a silent protest against biological males playing on girls’ teams, a federal judge ruled Monday.

But one of the dads, Anthony Foote, told NHJournal he plans to keep fighting for what he sees as the rights of women and girls.

“What was our offense? Supporting girls’ sports and defending biological reality?” Foote said. “This ruling is a slap in the face to every parent who believes schools should be a place of fairness, not political indoctrination. The judge openly admitted that Pride flags are allowed because they promote ‘inclusion,’ but wristbands defending women’s sports are banned because they might ‘offend’ someone. That’s viewpoint discrimination, plain and simple — and it’s unconstitutional.”

United States District Court Judge Steven McAuliffe ruled against Foote, Kyle Fellers, Eldon Rash, and Nicole Foote in a 45-page order denying their preliminary injunction against SAU 67. The parents are being represented by the Institute for Free Speech, a legal nonprofit that promotes parents’ rights. Del Kolde, the senior attorney, said he is still considering his next steps in this case.

“We strongly disagree with the Court’s opinion issued today denying our request for a preliminary injunction. This was adult speech in a limited public forum, which enjoys greater First Amendment protection than student speech in the classroom. Bow School District officials were obviously discriminating based on viewpoint because they perceived the XX wristbands to be ‘trans-exclusionary.’ We are still evaluating our options for next steps,” Kolde said.

The crux of McAuliffe’s ruling is that while Fellers, Foote, and the others acted within their First Amendment rights to protest, venues like school athletic events are considered “limited public forums” and school officials acted within their legal authority to restrict what the parents said and did.

“The question then becomes whether the School District can manage its athletic events and its athletic fields and facilities — that is, its limited public forum — in a manner that protects its students from adult speech that can reasonably be seen to target a specific student participating in the event (as well as other similar gender-identifying students) by invited adult spectators, when that speech demeans, harasses, intimidates, and bullies. The answer is straightforward: Of course it can. Indeed, school authorities are obligated to do so,” McAuliffe wrote.

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Showdown Looms Over Trump’s DEI Ban in Public Schools

Several blue states have joined New York in resisting federal efforts to end diversity, equity, and inclusion (DEI) programs in public schools.

Leaders in California, Minnesota, New York, Oregon, Wisconsin, and Washington said they wouldn’t provide a signed statement to the federal government by an April 24 deadline to certify compliance with President Donald Trump’s executive order prohibiting practices such as diversity training, affinity groups by race and gender, preferential hiring practices by race, and classroom curricula that include progressive ideologies such as critical race theory.

The federal correspondence sent to state education agencies asked leaders to report back on behalf of all their school districts. New York was the first state to dismiss the request, and the other states followed suit last week.

“There is nothing in state or federal law—including Title VI—that outlaws the broad concepts of ‘diversity,‘ ‘equity,’ or ’inclusion,’” David Schapira, California Department of Education deputy superintendent, wrote in an April 11 letter to school districts.

States and districts that don’t comply risk losing federal education funding in accordance with Civil Rights law and a 2023 Supreme Court decision banning racial preferences in college admissions, the federal letter states.

It’s unclear where other states stand in this process. The Department of Education informed The Epoch Times that Puerto Rico, a U.S. commonwealth, had complied with the order, but the agency had not reported updates by state.

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