The title of this blog, Is Yoga Legal, was sort of a joke. A friend in yoga
teacher training said she had it open on her browser, and her daughter looked
at it and said, “Mom, is yoga legal?” as if there were an actual question of
its legality. We all laughed and thought such a question would never arise.
But it did. In Encinitas, California.
A brief overview in case you are unaware of the case:
Encinitas, California began to offer yoga in its schools. This yoga was funded
by the Jois Foundation, the group that
promotes Ashtanga yoga. Some Christians in town got upset by this and sued the
school district for allowing religion in schools, something that, if true,
would be a clear violation of the First Amendment if it is the school promoting
that religion. The parents said yoga has a Hindu origin, and therefore, by
allowing yoga in schools, the schools were promoting Hinduism.
To make a long story short, there was a several-day trial,
with experts, and the judge ruled earlier this week the yoga in the school did
not violate the First Amendment. Yoga is just
exercise. YogaDork
has a great post with some great quotes from the ruling. The Jois
Foundation spokesman said the yoga was a way to keep children away from sugar
and video games. Of course, the school district took out any reference to
Sanskrit and called the postures by English names.
Here is the overarching sentiment from the judge’s ruling:
“Yoga as it has developed in the last 20 years is rooted in
American culture, not Indian culture,” San Diego Superior Court Judge John
Meyer said. “It is a distinctly American cultural phenomenon. A reasonable
student would not objectively perceive that Encinitas school district yoga
advances or promotes religion.”
So, I guess the answer is, sort of. Yoga is legal so long as
it is not really yoga. The Jois Foundation “Ashtanga Yoga” webpage says
Ashtanga yoga “is an ancient system that can lead to liberation and greater
awareness of our spiritual potential. The eight limbs of Ashtanga Yoga (aṣṭāṅgayoga)
can be described as eight disciplines.” I have discussed the yamas and niyamas on this
blog. I have said over and over again there is more to yoga than asana, the
postures.
But does that make it a religion? Does that mean it should
not be in schools? Can yoga have a benefit when the spirit is removed?
Honestly, I do not have an answer. We had yoga in my high
school. It was offered as part of our Physical Education program. No one
thought twice about it. And no, I did not take that class (I was a band geek in
the marching band instead of doing other PE). But several times since I have
started getting into yoga more for myself, I have wondered whether that is
where it should have been.
Just like the Pledge of Allegiance, children in the
Encinitas School District may opt out of the yoga classes. But the parents
argue that makes them feel ridiculed and somehow different, which is a test the
Supreme Court uses for whether a school is endorsing a religious belief.
And if the Judge and the School District are correct, why do
I have this blog? Why are there literally hundreds, if not thousands, of yoga
blogs on the interwebs? They are not all talking about stretching. There are
enough blogs and websites for that. And if we take the yoga out of the yoga,
why not just call it a relaxation/stretching class? Is that not cool enough?
Yoga is a billion-dollar, secular industry in the United
States. It is also an ancient spiritual practice of which asana is a small part.
Both sides in the Encinitas argument are right. And based upon the facts of
this particular case, the judge seems to have made a correct decision (I have
not read the entire ruling, nor did I follow the case all that closely, but
based upon the arguments and ruling I have seen, that is my early-morning,
pre-coffee legal analysis opinion.)
But perhaps we need a different discussion. No one does it
better than Linda over at Linda’s Yoga Journey.
Perhaps mindfulness and deep breathing and stretching should be in our schools,
but calling it yoga does create a possible assumption of something more. Do I
really think schools are indoctrinating schools with Hinduism? Of course not.
But do I think we lose something in the yoga world when judges rule that yoga
is nothing more than exercise? Absolutely!
What do you think of the case? Did you follow it closely? Do
you think the judge ruled correctly? Do you think the Jois Foundation is speaking
double speak? I’m curious. Because, as I said, I certainly do not have the
answers, but at least one judge in America thinks yoga is legal.
Namaste!
© Rebecca Stahl 2013, all rights reserved.
The post, When Yoga Meets the Law, first appeared on Is Yoga Legal.
