By LINDA P. CAMPBELL
lcampbell@star-telegram.com
Judge Richard Talman wrote this for the 9th U.S. Circuit Court of Appeals in the case of Nurre v. Whitehead:
"Once again we enter the legal labyrinth of a student’s First Amendment right to free speech. There exists a delicate balance between protecting a student’s right to speak freely and necessary actions taken by school administrators to avoid collision with the Establishment Clause. . . . The District had a legitimate interest in avoiding what it believed could cause confrontation with the Establishment Clause. Its requirement that all musical selections be secular was a reasonable action taken to avoid confrontation with the Establishment Clause."
The upshot: Officials in Everett, Wash., didn’t violate a student’s free-speech rights by telling members of her wind ensemble that they couldn’t play an instrumental version of
Ave Maria at Henry Jackson High School’s graduation.
What could possibly have been wrong with student musicians playing a composition not for its religious significance but because they considered it a pretty piece of music?
I posed this question to my reasonable, thoughtful and, like me, Catholic husband — and started an argument.
Linda said: I understand why the officials were skittish. They’d gotten complaints the year before when the choir sang a song with God, heaven and angels in the lyrics. But the ensemble wasn’t going to invoke Jesus’ name or even ask anyone to bow their heads.
Geoff said: Of course the ensemble wasn’t going to invoke Jesus’ name verbally. But it was going to offer musical praise to Mary. I’m not a Latin scholar, but I do know that
ave Maria means "hail Mary." The music itself, in my mind, is inextricably tied to Catholicism and is religious in nature. When’s the last time you heard
Ave Maria on The Edge?
Linda said: Then I guess the Abilene High School band shouldn’t have played
Faith of Our Fathers last Friday night as the flags were carried onto the football field for the national anthem. That’s an identifiably Protestant song to me. You know, I don’t believe public schools should force prayers on the audience at football games or graduations. Coaches and teachers shouldn’t be leading students in prayer; that’s our job as parents. But the Supreme Court’s test from
Lemon v. Kurtzman says government action violates the Establishment Clause when its purpose is religious, it has the primary effect of advancing or inhibiting religion and it creates excessive entanglement between government and religion. I don’t see how allowing the instrumental would have done any of those things. I just think the district’s administrators were worried for no good reason this time.
Geoff said: Funny you should mention Abilene, which is the buckle of the Texas Bible Belt. Surely you know the uproar that would ensue if the band had played
Ave Maria. Perhaps the reason the Everett district’s administrators were worried is because they understand that music, like a national flag, carries enormous symbolic value.
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