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Steven Emerson,
Executive Director
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May 3, 2018
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Court
Brief: San Diego Schools Still Give CAIR Preferential Treatment
by John Rossomando • May 3, 2018
at 8:57 am
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Officials in the San Diego Unified School District (SDUSD) continue to
give the Council on American Islamic Relations (CAIR) unconstitutional
preferential treatment in an anti-bullying program, the Freedom of Conscience
Defense Fund (FCDF) argued in court papers filed earlier this week.
FCDF sued on behalf of several area parents and two interest groups. It has
asked the court for a preliminary injunction forcing
the school district to stop working with CAIR, arguing that working with a
religious organization violates the U.S. Constitution's Establishment
Clause.
CAIR played a central role in formulating anti-Islamophobia
curriculum the school district passed in April 2017. School officials
also contemplated entering into a formal partnership with CAIR. But they changed their minds last July, opting to partner
instead with the Anti-Defamation League and to create an Intercultural
Relations Community Council (IRCC).
Those moves, school board lawyers argued in a recent brief, render FCDF's legal claim
moot. CAIR, in an amicus – or friend of the court – brief, argued that the curriculum it helped develop did not
teach Islamic texts as religious truths, and claimed it served the secular
purpose of striving to deter bullying of Muslim students.
School district officials concede that CAIR's mission is religious in nature, but
that an injunction would be the same as "requiring that SDUSD
discriminate against CAIR because it has a religious mission." FCDF
contends that CAIR views the free exercise clause of the 1st
Amendment as a sanction to advance its religious agenda with governmental support, which it
argues runs afoul of the Establishment Clause.
CAIR San Diego Executive Director Hanif Mohebi, however, denied that CAIR's mission was primarily religious last
year, after FCDF first filed its suit.
Records show the school district and CAIR continued to work closely
despite the July vote. Mohebi was appointed to the serve on the IRCC.
In addition, school district officials hosted CAIR representatives at least six times for
high-level meetings. Superintendent Cindy Marten sought CAIR's input from CAIR about the ADL curriculum
when it came to "addressing Islamophobia," the brief said. The
school district also gave CAIR special recognition in November.
School officials say they work with CAIR as they would with any other community
organization, but FCDF Executive Director Daniel Piedra says the district
gave CAIR preferential treatment.
"They can't get around the fact that nothing really has changed,
and that the intercultural committee was created to keep Mohebi and CAIR
involved in the school district," Piedra said.
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