Newark Public Schools settled a lawsuit filed on behalf of a former Muslim student who was forced to skip his graduation from West Side High School two years ago because it was held in the sanctuary of a Baptist Church.
As a Muslim, Bilal Shareef’s faith prohibited him from entering a building with religious icons, such as pictures of God or images of the cross, according to the suit filed by the American Civil Liberties Union- New Jersey.
The suit argued both the graduation and a yearly baccalaureate service held in a Catholic church, discriminated against Shareef because of his religious beliefs.
“I was forced to choose between honoring my education and my faith, and no one should be put in that position,” Shareef said in a statement. “I’m proud that I stood up for my beliefs, and I’m proud that my experience will keep other students from having to face the choices I did.”
Filed in March 2007, the suit claimed when West Side High held its graduation at New Hope Baptist Church in Newark two years ago, the district violated the New Jersey Constitution by forcing people to attend a place of worship contrary to their faith and discriminated because of religious principles.
The practice of rewarding students with extra graduation tickets if they attended the annual baccalaureate program at the Basilica of the Sacred Heart was also challenged.
According to the settlement reached last week, the district agreed not to sponsor or promote religious events, to no longer re ward students for attendance at religious events or ceremonies, and to stop using religious buildings or places of worship for school events.
“There is a reason the Constitution forbids preference of one religion over the other: Government, especially school officials, should not be in the position of making certain people feel favored, while making others feel like outsiders,” said ACLU-NJ Legal Director Ed Barocas, who represented Shareef and his father, Ahmad Shareef.
The settlement still allows Newark schools to schedule events with other schools that use religious buildings, and students may still visit religious buildings if the purpose is “both academic and secular in nature.”
Superintendent Marion Bolden wouldn’t reveal the amount, but confirmed there was a financial settlement between the district and Shareef. Barocas would not comment on the monetary settlement.
The district also apologized to the Shareefs and other students who “felt forced to forego or uncomfortable attending the 2005 or 2006 graduations,” Barocas said.
According to a statement is sued by the district’s legal counsel Perry Lattiboudere, the district’s agreement “reaffirmed that the past scheduling of graduation ceremonies at local church locations was not in any way intended to make any student or member of the community feel uncomfortable in attending the ceremony.”
In response to the lawsuit, and concerns students might be discouraged from attending graduation, none of the district’s schools are holding commencement at religious buildings this year, Bolden said.
The ceremonies will be held in facilities around the city, including district-owned sites like Malcolm X Shabazz Stadium, Untermann Field as well as private venues, including Newark Symphony Hall.
“There has to be sensitivity to that because you don’t know what children are thinking,” Bolden said. "(Shareef) might have been the one who voiced an objection, but others might have gone and been uncomfortable.”
Holding graduation in religious buildings was an issue of space concerns but as more facilities have gone up in the city, finding locations to hold the ceremonies has gotten easier, she said.
As it has been for the past 22 years, a non-denominational baccalaureate program was held at the Basilica of the Sacred Heart on Sunday, and, as in years past, Bolden spoke.
The event is sponsored by a coalition of ecumenical ministers, including a Muslim imam, it’s by invitation and “students know what it is before they get there,” she said.
Bolden said there is no conflict with the ceremony held in the Basilica and the settlement.
“Six or seven religions are represented, everyone gets to say something and...they are not compelled to go unless they want to,” she said.
Barocas said while there is no problem when religious entities honor students, school officials shouldn’t promote religious ideas.