10/7/14
DENVER – The Colorado Supreme Court this morning lifted its stay on the ruling of Adams County District Court Judge C. Scott Crabtree declaring Colorado’s ban on same-sex marriage unconstitutional, making that judgment final. The Colorado Attorney General has ordered all 64 county clerks to begin issuing marriage licenses to same-sex couples and licenses are currently being issued throughout the state.

ACLU of Colorado Executive Director Nathan Woodliff-Stanley issued the following statement:

“The American Civil Liberties Union of Colorado is thrilled that the freedom to marry has finally come to Colorado!  This is a wonderful day as all loving couples across the state can now get married and all couples legally married in other states living in Colorado will have the rights and protections of marriage in our state.
“Bringing marriage equality to our state has been one of the ACLU of Colorado’s top priorities for years, and we, along with our partners in the Why Marriage Matters Colorado coalition, are so proud to help bring about this historic victory.
“All individuals deserve to be treated with dignity and respect. The ACLU remains committed to the fight for equality and will not rest until the freedom to marry is real for all loving couples across the country.”

How disappointing that a majority of the Jefferson County School Board chose last night to disregard student protests and pass a curriculum review proposal designed to identify "objectionable materials" in high school curricula, starting with U.S. history, presumably to remove those materials if they do not meet the ideological criteria of the school board members.
Despite apparent changes to make the proposal seem less inflammatory, there is no reason to trust it. The Jeffco School Board members who pushed the proposal through fought tooth and nail to keep ultimate control of the curriculum review with the Board rather than the district administration. The same members had already tipped their hand with regard to their intentions in the original proposal, which contained language aiming to sanitize U.S. history by making it more "positive" and "patriotic."

I have nothing against genuine patriotism, of course. There are few things more patriotic than fighting for the Bill of Rights as we do every day at the ACLU, but I somehow doubt that the role of the ACLU in American history is something the current Jeffco School Board would want to see taught.
Despite their desire not to condone civil disorder or social strife, the school board sparked a fine example of civil protest by students who walked out by the hundreds to object to school board plans. Rejecting insulting accusations that they were simply pawns of their teachers, these students made clear they were speaking for themselves and standing up for their own education. I'd say those students are pretty patriotic, too.
Protesters turned out in force last night as the school board went ahead with its plans. Meanwhile, among a handful of counter-protesters supporting the school board action, one woman complained to reporters that today's history classes say too much about slavery and too many negative things about "the white man." Sadly, her perspective echoed that of Colorado State Board of Education member Pam Mazanec, who argued on Facebook that children should be taught that America is "exceptional" because we "ended slavery voluntarily"!

To be sure, nothing has been altered, removed or added to the curriculum yet. But the ACLU of Colorado will be watching along with thousands of students, teachers and parents. School boards have a lot of power to shape school curricula, and while there is a valid place for curriculum review (and I'm not claiming that AP U.S. History or any other curriculum is above critique), it is irresponsible to use school board power to impose a political, religious or ideological agenda on students.
Make no mistake, the actions of the Jeffco School Board are part of a much larger movement and agenda. School boards have long been a political target of those who would like to undermine public education by diverting public funds to privileged charter schools or to private religious schools, as nearby Douglas County is attempting to do, to the detriment of other children. It is the same movement that seeks to downplay the reality of racism and economic inequality, roll back the clock on the rights of women and LGBT persons, deny separation of church and state, and insert creationism into science curricula.
It is hard to know how far this school board is planning to take this agenda, but there are already plenty of warning signs. Pay attention, for example, to the reference in the original Jeffco curriculum review proposal to distinguishing "theories" from fact. This language is almost certainly code for rejecting the "theory" of evolution and laying the groundwork for a "balanced" inclusion of creationism in science classes.
One of the most important lessons from last night is that elections, especially local ones, matter. The Jeffco School Board majority was elected in a low-turnout election, the kind that makes an ideological takeover of a school board possible. The ACLU promotes and defends voting rights for all Americans, and we encourage everyone to make use of those rights. Even students who can't vote can encourage their parents and other adults to use their right to vote. In the meantime, we commend Jeffco students for making their voices heard in peaceful protest and patriotic social strife.

DENVER – Eight national and local organizations, including the National Coalition Against Censorship and the American Civil Liberties Union of Colorado, wrote the Jefferson County School Board today in opposition to the board’s proposed review of the curriculum for Advanced Placement U.S. History.
School board members have proposed a new “board committee for curriculum review” with a stated mission to “promote citizenship, patriotism, essentials and benefits of the free enterprise system, respect for authority and respect for individual rights.”  According to the original proposal, “Materials should not encourage or condone civil disorder, social strife or disregard of the law. Instructional materials should present positive aspects of the United States and its heritage.” The committee would also be tasked with identifying materials that “may reasonably be deemed” to be “objectionable.”
The groups, which support academic freedom and oppose censorship in education, identified aspects of the proposal as “deeply problematic.”  The term objectionable, for instance, is “inherently vague and subjective and would predictably result in complaints based on personal, political, moral, or religious grounds,” they observed.  In addition, “terms like citizenship and patriotism are similarly subject to multiple interpretations, as evidenced, for example, by the public debate about whether civil disobedience can be an act of patriotism.”
The letter notes that “it would be nearly impossible to teach US history without reference to ‘civil disorder,’ which is appropriately discussed in connection with the American revolution, the labor movement, civil rights and gay rights activism, US entry into World War I, voting rights protests, and public demonstrations against the war in Vietnam, abortion rights, government surveillance, and countless other significant events in US history.”
Moreover, according to Joan Bertin, Executive Director of the National Coalition Against Censorship, which spearheaded the response, “it is well established that public school officials are not constitutionally permitted to suppress information and ideas on the ground that it is ‘unpatriotic’ or ‘objectionable.’  Students are in school to gain knowledge and learn to analyze facts and think for themselves, not to be indoctrinated into a particular view of patriotism.”
Several legal decisions are cited in the letter, including McCullom v. Board of Education, in which the U.S. Supreme Court warned in 1948 that efforts “to eliminate everything that is objectionable… will leave public education in shreds.  Nothing but educational confusion and a discrediting of the public school system can result.”
The curriculum review proposal, which will be considered at a public meeting on Thursday, Oct. 2, has spurred protests across the district by students, parents and teachers, who have publicly urged the board to reject censorship and to not “make history a mystery.”
“Decisions about instructional materials should be based on sound educational grounds, not because some people do or do not agree with the message, ideas, or content of a particular book or lesson,” the groups wrote. “We strongly urge you to adopt policies and procedures that focus, not on molding patriots or citizens in a particular image, but on educating students to be informed, knowledgeable, thoughtful, and engaged participants in their communities.”
Additional signers on the letter include National Council for the Social Studies, National Council of Teachers of English, American Booksellers Foundation for Free Expression, PEN American Center, the Comic Book Legal Defense and Education Fund, and the Society of Children’s Book Writers and Illustrators.
Resources:

Letter from academic freedom groups opposing Jefferson County curriculum review proposal

Statement of ACLU of Colorado Executive Director Nathan Woodliff-Stanley on the Jefferson County curriculum review proposal