Douglas E. Brown Katherine E. Brown v. Woodland Joint Unified School District, Woodland Parents Group, Defendant-Intervenor-Appellee

Opinion by Judge O’SCANNLAIN.

We must decide whether classroom activities in a California public school district require children to practice the “religion” of witchcraft in violation of the federal Establishment Clause and the California Constitution.

I

Douglas E. Brown and Katherine E. Brown, parents of two students formerly enrolled in the Woodland Joint Unified School District (the “School District”), seek injunc-tive and declaratory relief under 42 U.S.C. § 1983, alleging that the School District had violated their children’s rights under the United States and California Constitutions. The Browns and their children are part of the Christian Assembly of God denomination.

The Browns object to the School District’s use of portions of Impressions, a teaching aid, in the first through sixth grades. Impressions is a series of 59 books containing approximately 10,000 literary selections and suggested classroom activities. It implements a “whole language” approach to reading instruction that has the goal of inducing children to read more quickly and with greater enthusiasm through the use of high quality literary selections. Literary selections are followed by suggested learning…