Californians for Equal Rights Foundation v. State of California

In September 2021, the Californians for Equal Rights Foundation (CFER), alongside three San Diego parents, filed a lawsuit against the State of California, the California State Board of Education, the California Department of Education, and State Superintendent Tony Thurmond in the San Diego County Superior Court. Represented by Thomas More Society, the plaintiffs challenged the state’s Ethnic Studies Model Curriculum, specifically objecting to the inclusion of the “In Lak Ech Affirmation” (Aztec prayer) and the “Ashe Affirmation” (African chant) in Chapter 5. They argued these elements promoted religious practices in public schools, violating the Establishment Clause of the First Amendment, the California Constitution’s No Preference Clause (Article I, § 4), and the prohibition on aiding religious sects (Article XVI, § 5). The lawsuit claimed the curriculum encouraged students to engage in prayers to Aztec deities and African spiritual entities, constituting unconstitutional state-sponsored religious activity.

On September 24, 2021, the plaintiffs sought a temporary restraining order to prevent the use of these affirmations in public schools. The case progressed to a settlement on January 13, 2022, where the California Department of Education agreed to remove the contested prayers from the curriculum and notify all school districts, charter schools, and county offices of education that such content should not be used as prayer or religious activity, aligning with existing policy.