I haven't seen the suit (does anyone have a copy?), but I could guess
the theory is either that 1) the policy infringes free exercise of
students and/or teachers, with a supporting argument that the music at
issue is not being officially sponsored by the school, or 2) it's a
Rosenberger-type challenge to the school's policy that "programs
prepared or presented by student groups as an outcome of the curriculum
shall not have a religious orientation or focus on religious holidays.
Absent that restriction, a concert or performance could become an
opportunity not to learn about a religious holiday or tradition, but to
celebrate it." (See
http://www.somsd.k12.nj.us/BFOLStatementrePolicy2270.htm.) Steve
Sanders
Quoting Ed Brayton <[EMAIL PROTECTED]>:
I want to get everyone's thoughts on the appeals court case against
South Orange-Maplewood School District in New Jersey. The school has
a policy not to have religious music performed by the choir or band
and that policy is being challenged as unconstitutional. Now, I think
the policy is a bad one for several reasons. But unconstitutional? On
what grounds? Are there any precedents that apply in this area? It
seems to me that saying it's not unconstitutional for public schools
to perform religious music (which I agree with) is quite different
from saying it's unconstitutional NOT to perform religious music. It
seems to me that if not playing Christian music amounts to
unconstitutional "hostility" toward Christianity, then not performing
Muslim music must also be unconstitutional hostility toward Islam,
and also true for Hindu music, Jewish music, and so forth.
Ed Brayton
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_________________________________
Steve Sanders
E-mail: [EMAIL PROTECTED]
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