Universal Design for Learning: Access for All

By Cynthia Lardner, J.D., M.A.,  and Linda Hannon, M.A.

“My son is not keeping up with the reading in his English class. I don’t understand, as he is just so articulate. What do you suggest?”

“Well, Mrs. Jones, we could bring a CD player that Mark can use to listen to the book while the other students work during silent reading.”

“Hmm. I think Mark is worried that he will stand out from the other 7th graders.”

“Let me talk to my supervisor about what else we might change for your son.”

“Someone mentioned something about Universal Design for Learning. Are you familiar with that?”

What is the Universal Design for Learning?

Many administrators and educators, when asked about Universal Design for Learning (UDL), immediately link it to assistive technology. While assistive technology for students with learning differences was the first application of UDL in public education, today UDL’s application is much broader. UDL taps into the entire learning process for all learners and, while doing so, maximizes the use of technology. In fact, a master teacher could teach an entire course designed using UDL on just about any subject, excepting technology, without any technology!

The definition of UDL, according to its designers, is “...a research-based framework for designing curricula – that is, educational goals, methods, materials, and assessments — that enable all individuals to gain knowledge, skills, and enthusiasm for learning. This is accomplished by simultaneously providing rich supports for learning and reducing barriers to the curriculum, while maintaining high achievement standards for all students.”

UDL was developed by CAST, the Center for Applied Special Technology, a nonprofit organization founded by researchers Drs. David Rose and Ann Meyer, whose roots are in hospital neuroscience and psychology. Rather than retrofitting education for individual students, UDL designers drew their inspiration from modern architecture, which seeks to make buildings accessible for all users without compromising the design. An architectural retrofit might be to add a wooden ramp with sharp turns to an existing structure for a physically challenged individual. Modern architecture, however, incorporates accessibility for all users into the original building design. Perhaps the best-known example is the aesthetically pleasing and highly accessible Solomon Guggenheim Museum in Manhattan, New York City, which has bold, broad, and graceful circular ramps.

According to Meyer and Rose, educators retrofit because the curriculum, not the student, is disabled. If the curriculum were properly designed in the first instance, in their view, then retrofitting would be relegated to retrospection.  

What Factors Does Universal Design Take into Account?

In order to properly design curriculum for all students, Meyer and Rose believe that we must take the following into account:

• We learn differently. According to CAST, “The way we learn is as individual as DNA or fingerprints.” The four main learning styles are: 

Learning Style	Learner’s Characteristics
Innovative and cooperative	Learn from the views of others Clarify and expand upon those views to create a personalized and meaningful understanding with the ultimate goal of benefiting society
Institutional and analytical	Learn through books and traditional auditory-sequential pathways
Experiential	Learn through hands-on experience Bring to learning a hefty dose of common sense, practicality, and a need for usefulness
Intuitive and dynamic	Synthesize information from a wide variety of sources Often unable to explain how or why they know something despite the fact that they are usually correct When teaching, often skip the textbook and develop their own materials

The innovative and experiential learners are seen as polar opposites, as are institutional and intuitive learners. These learning styles affect familial, professional, and student/teacher relationships. 

Today’s teachers, especially at the secondary level, often teach to the first two groups — the institutional and cooperative learners — groups to which they tend to belong. But, in order to be a master teacher, one must address the learning needs of all four groups. UDL allows for this to transpire. 

Processing Style:

We process differently. The three dominant styles, described at their simplest, are: 

	Learner’s Characteristics
Auditory-sequential	Think in words
Visual-spatial	Think in pictures
Bi-hemispheric	Take information in on a visual-spatial basis and process it in later on an auditory-sequential way level

In all populations, approximately 77 percent of all learners are visual-spatial or bi-hemispheric, with the latter encompassing a majority of gifted individuals. Curriculum, especially in secondary schools, targets the auditory-sequential learner. 

• We have varying strengths and interests. 
• Our personality traits are varied. For instance, extraverts derive energy through being with others, whereas introverts need quiet time in order to recharge. Statistically, about 77 percent of the U.S. population and 53 percent of all teachers are extraverts. Conversely, 87 percent of highly gifted individuals (IQ of at least 140) are introverts and 60 percent of the remaining gifted individuals (IQ 123 to 140) are introverts. Introverted children may not be perceived by educators to be as bright as extraverted students. 

Taking all of these individual differences into account, CAST identified three primary brain networks and their roles in learning, as shown below:

Is UDL Consistent with Education’s Trajectory?

Speaking at the National Association of Gifted Children’s 2009 annual conference, Dr. Howard Gardner, father of the multiple intelligences theory, indicated that his vision of effective education is compatible with UDL when he discussed what he considers to be hallmarks of effective education:

• Individuation, to the extent possible teaching individuals in ways they can learn, and allowing them to show what they understand in ways that best suit them, something that technology facilitates

• Pluralization, teaching content in many different ways, an approach that allows educators to avoid “confusing academics with competencies.

Both Dr. Gardner’s vision and implementation of UDL may sound like a pipe dream for today’s educators who function in an abysmal economic climate. In many states a return to 2009-2010 funding levels is not expected for many years, and increases in funding may be as far out as ten years in some states.

The economy, however, has not halted the passage of increasingly more stringent teaching standards and student assessments. As another federal overhaul of our educational system is expected in the not-too-distant future, we can find hints of the direction new policies and initiatives might take from other recent developments. One clue can be found in the references to “universal design” in the Higher Education Opportunity Act, both before and after its reauthorization in 2008. It now requires that the Universal Design for Learning be taught to pre-service teachers.

Another hint lies in the wide-spread acceptance of the 21st Century Learner model, which emphasizes the ability to think critically, to share our knowledge, and to participate as a productive member of a globalized society. When examined side by side, the 21st Century Learner model and UDL are yin and yang, with the former defining the desired outcome and the latter providing the process. In other words, the 21st Century Learner model defines what a learner should be able to do, and UDL focuses on understanding the individual student first, then devising techniques and strategies to allow the student to show what he or she can do. 

Both models are compatible with the spirit and intent of the traditional differentiation model, in which the teacher modifies content, process, and products to meet a student’s individual needs. The UDL model differs in that it requires changes to the curriculum,  analyzing how instruction can be collectively provided and how assessment is conducted in relation to the individual needs and strengths of the student. UDL looks for ways for the student to access the instruction and demonstrate knowledge in a way that is unique and meaningful to the student.  

How Can Educators Apply UDL in the Classroom?

How might we apply UDL to help ensure that all students are engaged, learning at maximum capacity, and demonstrating their mastery? Let’s look at an example, teaching the solar system. In addition to using traditional teaching tools such as textbooks, pictures, or a movie, a teacher could do the following.

• Add an exercise in which the students walk out the distances between planets on a football field and then mimic the movement of the planets and their moons. 
• Provide a rubric of the material that must be mastered. A rubric is an express list of criteria by which performance will be assessed, and it can provide for different levels of assessment for increasingly complex levels of understanding. When we give students crystallized expectations, we can allow them to show their mastery in the way that best reflects their level of understanding. A unit-end project, for example, might then take the form of a research paper, a drawing, a mobile, a model, a PowerPoint presentation, or a computer-animated model. All would be acceptable, with grading based on the rubric. Gifted students whose work reflects their complexity would be graded on par with more simplistic offerings that still complied with the rubric. The use of traditional assessment methods, on the other hand, can fail to accurately reveal student strengths and weaknesses.

One teacher recommends regularly using one-on-one interviews to probe students’ thinking, not only when their answers are wrong but also when they’re right. This strategy gives all students needed experience in communicating how they reason while offering teachers a chance to learn how their students take in, process, and manipulate information. It also allows teachers to spot students who may know the information but, as is common with many twice-exceptional students, are unable to convey their mastery in the manner proscribed. This strategy can be particularly effective when working with a new class or after a test or project.

Here are some additional UDL teaching strategies that can help all children become 21st Century learners:

• Use varied instructional methods, including augmenting lectures with experiential activities, peer mentoring, technology-based activities, and cooperative learning situations. 
• Relate a new topic to one already learned or a real-life example. This works especially well when encouraging students who have reading and writing learning differences.
• After providing a rubric, allow all students opportunities to demonstrate subject matter knowledge through methods other than written tests. This allows every student to show the depth and breadth of their understanding.
• Permit and encourage the use of technology by all students, including that which previously would have been seen as adaptive. For instance, digital textbooks offer many options for temperament, as well as for each learning and processing style.

In addition to using these strategies, teachers can maximize individual performance by providing students with the following:

• A comprehensive syllabus identifying course requirements, the nature and timing of meaningful feedback, and due dates
• Illustrations, handouts, and auditory and visual aids
• Guided notes, which enable all students to listen for essential concepts without worrying about missing information they’ll need for later study 
• Notes recorded and/or posted on-line, which allow students to focus their attention on lectures and classroom discussions (In an effort to teach better note-taking, one teacher offered a copy of her notes in exchange for the student’s best effort at taking his or her own notes. Another teacher up-loaded videos of lectures to YouTube.)
• Easily accessible study guides and rubrics
• “Off-site” information, such as news about a special exhibit at a museum, a concert or planetarium show, and the more common on-line links to materials. A recently published study companion for a classic novel offers a mind-map, also called a concept map, for its purchasers. Mind maps help visual-spatial learners grasp information traditionally presented in an auditory-sequential manner.

These suggestions are drawn from the UDL Guidelines, 29 pages of well-organized, easy-to-use concepts, including underlying rationale, specific populations impacted and concrete examples (www.udlcenter.org/aboutudl/udlguidelines).

 How Can Parents Use UDL?

As parents, we are our children’s best and sometimes only advocates. If our children have multiple exceptionalities, advocacy often involves developing a 504 Plan or an Individual Educational Program under IDEA. We can be effective at representing our children by being proactive, educated participants who are current on research and resources. We can help our children’s teachers see that UDL is a box filled with tools of every kind that can help students with gifts, disabilities, or both.

Some UDL Resources

Free technology toolkit for UDL in all classrooms,http://udltechtoolkit.wikispaces.com/ Applications of Universal Design, www.washington.edu/doit/Resources/udesign.html  Burgstahler, S. (2007). Equal access: Universal design of instruction,www.washington.edu/doit/Brochures/Academics/equal_access_udi.html  Center for Applied Special Technology (CAST), www.cast.org/udl/  The Center for Universal Design, www.design.ncsu.edu/cud  The Center for Universal Design in Education, www.washington.edu/doit/CUDE/  Connell, B. R., Jones, M., Mace, R., Mueller, J., Mullick, A., Ostroff, E., et al. (1997).The principles of universal design,www.design.ncsu.edu/cud/about_ud/udprincipleshtmlformat.html  Council for Exceptional Children, www.cec.sped.org/osep/udesign.html  National Center for Accessible Media (NCAM), http://main.wgbh.org/wgbh/pages/ncam/  __________________________________________________ About the Author

Cynthia Lardner, J.D., M.A., was training as a counselor, specializing in learning, giftedness, individuals with disabilities, and gifted individuals with disabilities. Lardner has lectured and conducted in-service training for private and public sector educational institutions and professional organizations across the United States  

How an individual learns impacts every facet of her foreign policy analyses and vast social media platform.

She may be reached at cynthiamlardner@gmail.com.

________________________________________________

Reprinted with Permission from the Publisher: 

Lardner, Cynthia and Hannon, Linda, “Universal Design for Learning”, July 2010, 2E Newsletter, as found on the www athttp://www.2enewsletter.com/subscribers_only/arch_Lardner_UDL_11-10.htm andhttp://www.2enewsletter.com/subscribers_only/arch_Lardner_UDL_Case_Study_11-10.htm.

For additional information on Universal Design for Learning (UDL) and 21st Century Learning, see these articles from the November, 2010, issue of 2e Newsletter: 

• Learning about Technology Integration and 21st Century Skills Development
• UDL, 21st Century Learning, and the Impact of School Reform for Twice-Exceptional Students
• Using UDL to Meet a 2e Student’s Needs: A Case Study

Linda Hannon, M.A., was the Director of Special Education in the Troy School District . Prior to her retirement, she was responsible for bringing a variety of innovative programs into the district including a Post High Program, focusing on preparing students for life after school in their own community, a Parent Advisory Committee, and Algebraic Thinking, a collaboration between special and general education. 

One Nation Under God: Divided

Introduction

“One nation under God indivisible with liberty and Justice for all.”  Every citizen has recited the Pledge of Allegiance.  Our founders envisioned that, not only our leaders but, all citizens would honor the principle of 'all men being equal before God'.  

We have been taught that America honors the concept of ‘separation of church and state’; that we are a secular Nation.  The drafters of our Constitution’s First Amendment’s Establishment Clause[i] were adamant that religious beliefs not influence our leaders' decision-making process. 

Equality and secularism do not exist. Our Nation has never before been so divided.  We are experiencing a collective existential crisis. 

In a recent talk, spiritualist Marianne Williamson said:

Recurrent theme [is that our] country has deviated from the vision of its founders but has always self-corrected.  This time the United States has veered so far off course that unless we come together soon correction may fall outside our reach [ii].

The good news is that Sir Winston Churchill astutely observed that, "...you can always count on America to do the right thing - after they have tried everything else."

The Birth of a Nation

Secularism dates back to medieval times.  Secularity derives from the Latin wordsaecularis.  As it applies to governance, saecularis translates to ‘worldly’ or the ‘state of being separate’.

To that end, Thomas Jefferson, one of the authors of our Declaration of Independence, penned these words:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness[iii] (Emphasis Added).”

Related is our motto: “E Pluribus Uno” or “out of many one”.

Secularism has been a murky concept from day one, attributable to several factors.  First, as a Nation we suffer the vestiges of historical hatreds and prejudices, giving rise to a lack of respect for our brethren.  Second, God has been a part of American history and, yes, our government, since its founding.  Third, as to our constitutionally protected rights of freedom of religion, thought and expression, we have not only failed to be respectful of others but, have not been inclusive.

Examples of how religion has impacted our Nation’s governance include:

1. In both the federal and state systems, schools follow the Christian liturgical calendar, and employees enjoy paid Christmas vacation. This is augmented by federal civil rights statutes protecting freedom of religion so that those not Christian can honor their own religious practices.
2. Our Presidents have sworn to uphold the oath of office on a Bible.
3. The Central Intelligence Agency’s motto, “And ye shall know the truth and the truth shall make you free,” comes from the Old Testament’s Book of John[iv].
4. Our paper currency is inscribed with the motto, “In God we Trust”.

However, in recent years, there have been many instances of a lack of mutual respect for others’ freedom of religion and expression; many of which are tied to our government’s adherence to religiously-rooted historical practices. The practices ought to be respected with their modern day implementation being both neutral and inclusive.  This too has not been the case.

For instance, the first Congress, the same Congress that passed the First Amendment, enacted legislation providing for paid Chaplains in the House and Senate[v].  However, despite the United States being a melting pot of individuals from every ethnicity and religious background, every Chaplain employed by our Nation has white, male and Christian[vi]. 

The constitutionality of chaplains in a state legislature was upheld in 1983 by the United States Supreme Court. The Court stated the practice dated back to the Continental Congress in 1774, noting that the custom “is deeply embedded in the history and tradition of this country” from colonial times and the founding of the republic[vii].

Dating back to the same Era, the United States has observed, in one form or another, a National Day of Prayer.  Fasting and prayer were first established in 1775 by the Second Continental Congress.

Beginning in 1798 with President John Adams, most presidents have issued a proclamation, urging Americans to pray on this day; with the notable exceptions of Thomas Jefferson and Andrew Jackson[viii].  In 2015, Barack Obama signed the annual proclamation but did not host the customary White House event commemorating the day.

The National Day of Prayer was codified in 1952 with citizens asked "to turn to God in prayer and meditation” on the first day of May[ix]. Constitutionality of the National Day of Prayer has been upheld by a federal appellate court. The challenge was raised by the Freedom From Religion Foundation (FFRF), an atheist organization, in a federal district court.  

On April 15, 2010 U.S. District Judge Barbara Crabb ruled that the statute establishing the National Day of Prayer was unconstitutional as it is "an inherently religious exercise that serves no secular function." Judge Crabb delayed enforcement of her ruling pending appellate review[x].

On April 14, 2011 a three judge panel of the Seventh Circuit Court of Appeals[xi]unanimously overturned Judge Crabb's decision:

The panel ruled that FFRF did not have standing to sue because the National Day of Prayer had not caused them harm and stated that "a feeling of alienation cannot suffice as injury."

The court further stated that "the President is free to make appeals to the public based on many kinds of grounds, including political and religious, and that such requests do not obligate citizens to comply and do not encroach on citizens' rights. The federal appeals court also cited Abraham Lincoln's second inaugural address, which referenced God seven times and prayer three times [xii].

In 1984, the United States Supreme Court upheld the constitutionality of a city displaying a Crèche during the Christmas season.  The challenge was brought under the Establishment Clause. The Court ruled that displaying the Crèche was not an effort to advocate a particular religious message and that the display had "legitimate secular purposes”.  It explained that the Constitution "affirmatively mandates accommodation, not merely tolerance of all religions, and forbids hostility toward any[xiii]."

Respect for custom and the respectful expression of custom has also been an issue in the United States.  The most recent example comes on the wake of the Ferguson, Missouri controversy in which individuals have flown the Confederate flag as a symbol of open hostility to our African-American population and its supporters.  While there can be no dispute that the Confederate flag has been a part of American history since 1861 and, thereafter, a part of American culture, when deployed in this manner it is no different than the costumes worn by members of the Ku Klux Klan.  When African-Americans demand that a Confederate flag flown in a ‘neutral’ setting be taken down, it is a form of reverse racism.

“There are few symbols so inelastic and so static that they cannot be stretched to accommodate our own complicated, personal histories in ways that feel genuine and worth protecting[xiv]”, wrote journalist Gene Demby.

Our Duty as Citizens

Thomas Jefferson further penned these words:

That to secure these rights, Governments are instituted among Men, deriving their just powers from the deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

We are the stewards of this Democracy.  As Marianne Williamson recently said, “An injustice to one of us is an injustice to all of us. Removal from a situation does not excuse us as Americans.”

Mr. Demby wisely commented that, “…like it or not, we're probably doomed to keep talking past each other until we find a way to at least acknowledge that messiness[xv].”

It is our responsibility to insure that the exercise of individual liberty rights is balanced against the common good.  It is our duty to insure that the spirit of our Constitution is upheld.  We have two paths that we must follow.  First, we choose how we treat others. Second, we have the right to vote for leaders who will further the common good.  In our ever-increasing diverse and divided society, this has never before been so important.

________________________________________________

[i] Establishment clause overview, September 16, 2011, First Amendment Center, as found on the www at http://www.firstamendmentcenter.org/establishment-clause (“The first of the First Amendment’s two religion clauses reads: “Congress shall make no law respecting an establishment of religion...

Note that the clause is absolute. It allows no law. It is also noteworthy that the clause forbids more than the establishment of religion by the government. It forbids even laws respecting an establishment of religion. The establishment clause sets up a line of demarcation between the functions and operations of the institutions of religion and government in our society. It does so because the framers of the First Amendment recognized that when the roles of the government and religion are intertwined, the result too often has been bloodshed or oppression.”).

[ii] Every Monday evening Marianne Williamson delivers a live talk with the link expiring after 72 hours.  The talk quoted herein was delivered on Monday, July 6, 2015.

[iii] Creating the Declaration of Independence, Library of Congress, as found on the www at http://www.loc.gov/exhibits/creating-the-united-states/interactives/declaration-of-independence/equal/index.html (“The concept that all men are created equal was a key to European Enlightenment philosophy. But the interpretation of "all men" has hovered over the Declaration of Independence since its creation. Although most people have interpreted "all men" to mean humanity, others have argued that Jefferson and the other authors of the Declaration meant to exclude women and children. Within the context of the times it is clear that "all men" was a euphemism for "humanity," and thus those people, such as Elizabeth Cady Stanton, Abraham Lincoln, and Martin Luther King, who used the Declaration of Independence to demand equality for African Americans and women seized the historical as well as the moral high ground.”).

[iv] John 8:32. See gen “CIA Observes 50th Anniversary of Original Headquarters Building Cornerstone Laying" November 5, 2009 as found on the www athttps://www.cia.gov/news-information/featured-story-archive/ohb-50th-anniversary.html (“Considerable preparation went into planning for the ceremony where Director of Central Intelligence (DCI) Allen W. Dulles would assist President Eisenhower in laying the cornerstone of the Headquarters Building. Dignitaries and other special guests received engraved RSVP invitations….Dulles gave introductory remarks, highlighting this important stage in the CIA’s history and quoting the motto taken from the Gospel according to St. John — which was inscribed on the building’s face — “And ye shall know the truth and the truth shall make you free.”).

[v] The Chaplain of the United States House of Representatives is one of the officers of the United States House of Representatives. The House relies on the first half of Article 1, Section 2, Clause 5 of the United States Constitution, "The House of Representatives shall choose their speaker and other officers," as authority for it to elect a Chaplain,

Chaplains are elected as individuals and can be members of any religion or faith group. As of 2011, all House Chaplains have been Christian. Guest Chaplains, recommended by congressional members to deliver the session's opening prayer in lieu of the House Chaplain, have represented other religious groups, including Judaism and Islam.

[vi] Office of the Chaplain, United States House of Representatives, July 9, 2015, as found on the www at http://chaplain.house.gov/archive/ (The current Chaplain, the Reverend Patrick J. Conroy, S.J., recently gave this prayer:

Loving God, we give You thanks for giving us another day.

In these most important days and debates here in the people's House, we beg You to send Your spirit of wisdom as the Members struggle to do the work that has been entrusted to them. Inspire them to work together with charity, and join their efforts to accomplish what our Nation needs to live into a prosperous and secure future.

In this week in the wake of celebrating the great blessings bestowed upon our Republic, please bless those men and women who serve our Nation in uniform wherever they may be.

Please keep all the Members of this Congress, and all who work for the people's House, in good health, that they might faithfully fulfill the great responsibility given them by the people of this great Nation.

Bless us this day and every day. May all that is done here be for Your greater honor and glory.

Amen.).

[vii] Marsh v. Chambers, 463 U.S. 783 (1983).

[viii] Adams, John, "Proclamation - Recommending a National Day of Humiliation, Fasting, and Prayer", March 6, 1799, The American Presidency Project. University of California, Santa Barbara; and Adams, John, "By the President of the United States of America, a Proclamation". March 31, 1798, The Weekly Magazine 1 (9): 287.

[ix] 36 U.S.C. § 119 : US Code – Section 119: National Day of Prayer.

[x] Bennett, Matthew, “Defending National Day of Prayer”, July 8, 2010, ACLU, as found on the www at http://old.aclj.org/national-day-of-prayer/defending-national-day-of-prayer  (“We are once again in federal court defending the constitutionality of the National Day of Prayer.  This time representing members of Congress in a critically important amicus brief filed in a federal appeals court.  As you know, a federal district court in Wisconsin recently ruled in favor of the Freedom From Religion Foundations claim that the National Day of Prayer violates the Establishment Clause of the First Amendment.

This ruling is clearly flawed and out of step with more than 200 years of history, Supreme Court precedent, and multiple acts of Congress.”).

[xi] “National Day of Prayer goes on despite ruling”, May 6, 2010, CNN, as found on the www athttp://www.cnn.com/2010/POLITICS/05/06/national.prayer.day/ (“The 59th annual National Day of Prayer was held Thursday against a backdrop of controversy and growing doubts about the future of the event, which a federal judge recently declared unconstitutional.

President Truman signed a bill establishing an official National Day of Prayer in 1952, but U.S. District Judge Barbara Crabb in Wisconsin ruled April 15 that the law violates the ban on government-backed religion.

The Justice Department is appealing the case on behalf of the White House. An injunction against the National Day of Prayer will not take effect until all government appeals have been exhausted.”).

[xii] Winter, Michael, “Appeals court rules National Day of Prayer constitutional”, April 14, 2011, OnDeadline,  as found on the www athttp://content.usatoday.com/communities/ondeadline/post/2011/04/in-reversal-appeals-panel-rules-national-day-of-prayer-constitutional-/1#.VakNF_lViko  (The appellate judges reasoned that although the proclamation is directed at all citizens, none is obligated to pray "any more than a person would be obliged to hand over his money if the President asked all citizens to support the Red Cross or other charities.

The president frequently calls on citizens to do things they prefer not to do, possibly on religious or political grounds, the court said. However, the Republican Party would not have standing to bring a lawsuit against the president if he speaks to his supporters or tries to sway the undecided, Easterbrook wrote.

The opinion cites President Abraham Lincoln's second inaugural address, which mentions God seven times and prayer three times.

“The address is chiseled in stone at the Lincoln Memorial on the National Mall," Easterbrook wrote. "An argument that the prominence of these words injures every citizen, and that the Judicial Branch could order them to be blotted out, would be dismissed as preposterous."

See also “7th Circuit dismisses legal challenge to National Day of Prayer”, April 15, 2011, First Amendment Center, as found on the www athttp://www.firstamendmentcenter.org/7th-circuit-dismisses-legal-challenge-to-national-day-of-prayer (“A three-judge panel of the 7th U.S. Circuit Court of Appeals ruled the Madison, Wis.-based Freedom From Religion Foundation did not have standing to sue because while it disagrees with the president’s proclamation, that proclamation has not caused the group any harm.”).

[xiii] Lynch v. Donnelly, 465 U.S. 668 (1984) (Chief Justice Burger delivered the opinion of the Court, in which White, Powell, Rehnquist, and O'Connor joined. The Court held that the crèche did not violate the Establishment Clause based on the test created in Lemon v. Kurtzman. It ruled that the Crèche is a passive representation of religion and that there was "insufficient evidence to establish that the inclusion of the Crèche is a purposeful or surreptitious effort to express some kind of subtle governmental advocacy of a particular religious" view.).

The High Court ignored the fact that all major religions acknowledge, at a minimum, the birth of Jesus as a Prophet.  See Lardner, C., ISIS Gone Corporate, January 17, 2015, as revised on June 21, 2015, as found on the www athttps://cynthiamlardner.wordpress.com/.

[xiv] Demby, Gene, “When The 'Heritage' In 'Heritage Not Hate' Is More Skynyrd Than Stonewall Jackson”, July 14, 2015, NPR, as found on the www athttp://www.npr.org/sections/codeswitch/2015/07/14/422618163/when-the-heritage-in-heritage-not-hate-is-more-skynyrd-than-stonewall-jackson?sc=17&f=&utm_source=iosnewsapp&utm_medium=Email&utm_campaign=app (“Friday's ceremony to remove Friday's ceremony to remove the Confederate battle flag from South Carolina's state Capitol grounds was scored by loud cheers and applause from the huge, largely black crowd who came to see it off. The contrast between the cheers and the official pomp — marching soldiers in dress grays funereally handling the furled flag — was yet another example of the wildly divergent orientations people have toward the Confederate flag.

In a less-covered event closer to home, another beloved and polarizing symbol lost its co-sign from the state last week. On Wednesday, a judge agreed that the federal trademark office could strip the NFL's Washington Redskins of its trademark on the basis that the team's name is disparaging toward Native Americans.

The arguments in favor of these two icons sound a lot alike — they're just about pride of place and tradition, and the folks reading them as racist are missing the point.”).

[xv] Id.