When a controversial decision of the U.S. Court of Appeals for the 9th Circuit is appealed to the Supreme Court, the justices often take the bait and reverse. But this morning, the Supreme Court denied review of a 9th Circuit ruling that nixed the performance of a religious instrumental piece by a public high school band in Washington state. Justice Samuel Alito Jr. dissented from the Court's denial of review.
A high school band in Everett, Washington chose to perform "Ave Maria" at graduation ceremonies, but school officials vetoed the plan, explaining that the piece's title alone had religious connotations, even though, as an instrumental piece, it contained no religious words. The officials noted that the year before, graduation attendees had complained about a school choir piece that referred to God and angels. Kathryn Nurre, a senior, challenged the officials' action as a violation of her freedom of speech. Both the district court for the western district of Washington and the 9th Circuit upheld the officials' actions.
The 9th circuit ruling said that "it is reasonable for a school official to prohibit the performance of an obviously religious piece” especially “when there is a captive audience at a graduation ceremony, which spans a finite amount of time, and during which the demand for equal time is so great that comparable non-religious musical works might not be presented.” Judges Robert Beezer and Richard Tallman joined in the ruling, and Judge Milan Smith dissented in part. Smith voiced concern that upholding the school's action would encourage banning speech simply out of fear that some in the audience might object.
Alito voiced concerns about the suppression of student expression. "School administrators may not behave like puppetmasters who create the illusion that students are engaging in personal expression when in fact the school administration is pulling the strings," Alito wrote. He added that the Supreme Court's precedents bar censorship of student speech just because it is religious or "because some in the audience may find that speech distasteful." Alito called the school's action a form of viewpoint discrimination that the Court has not permitted.
"The decision below will have important implications for the nearly 10 million public school students in the Ninth Circuit," Alito added. "Why, for example, should the Ninth Circuit’s reasoning apply only to musical performances and not to other forms of student expression, including student speeches at graduation ceremonies and other comparable school events?"
Footnote: Curiously, the text of Alito's dissent available at the end of this document persistently misspells the word "superintendent" as "superintendant," though it is correctly spelled in the caption of the case, which refers to superintendent Carol Whitehead.
And I thought only England was becoming a Police State!
Posted by: Bernadette | March 23, 2010 at 06:40 AM
We are in the Lenten season and next week is Holy Week. All these people who are against anything that is of God should repent. We are all living in the Last Days. These atheists will have the shock of their lives when Jesus returns in all majesty and glory. These atheists will surely be judged and cast into the lake of fire for all eternity because they did not believe that God exists and controls everything that occurs in this earth. To our God in heaven be the glory and praise forever, Amen.
Posted by: Jerry | March 23, 2010 at 03:07 AM
Dear All American People,
God loves The Good & Promises Grace & The Bad Promises Mercy.How long more do you want his Divine Mercy.
Posted by: Greg | March 23, 2010 at 02:29 AM
... but we don't trust in God, we trust in the government.
Posted by: Terri | March 23, 2010 at 02:09 AM
when the son of God comes, what are all these people going to do when they find themself on their knees for the word of God says "and EVERY knee shall bend."you are not going to be given a choice wheather you are friend or foe.your knees will bend.
Posted by: carmen | March 22, 2010 at 11:15 PM
Boy you have it right eloise lanum!
The schools are corrupt and they do accept money with ("In God We Trust") written on it yet expect to throw God away!
The whole world has lost all common sense and pushed God away yet when things go wrong they all say "Where is God? Why would he let this happen?" Because we pushed..even SHOVED him out of our country! The People who founded America would have already risen up against this Tyrannical, Illogical government and it's ridiculous laws that are no longer laws that are constitutional.
Everyone says..It's separation of Church and state but it's not(that's a cover up) as I can see things have changed since I was younger in the 70's. You can't have freedom anymore to express yourself nor to sing a song or pray. What is wrong with us? As a child I remember going to school and this was a public school and saying the pledge of alliegance and praying then every year it gets worse. We are NO LONGER a FREE Nation! Anyone who thinks we are is Blind as a bat. We are WELL on our way to SOCIALISM! Prepare for it because it's imminent.
Yes I will get on my knees with all other Christians and pray for God to heal our Land and it's leaders. All my brothers and sisters in Christ don't lose hope when you are persecuted. Jesus was persecuted and we should want to be like him even in his sufferings. I know Jesus is coming back soon to judge the living and the dead. Praise God for sending us his son to save us! He is the only one who can save our Country and our souls! PRAY! We have no freedom anymore to do anything so PRAY HARDER while you still can before they outlaw it to pray even in churches and your own home!!!
I Love You all and May God send you his Peace!
Posted by: Kara | March 22, 2010 at 10:40 PM
We must remember that until recently, Christian prayer and music was the NORM in public school and in other public settings. And the US was never like Taliban-dominatd countries, even when public religious expression was the norm. While I agree that playing "Ave Maria" is probably not appropriate at a public school graduation ceremony, banning all forms of religious expression (and it's mostly Christian expression that is banned) at public events simply because some are "offended" by religious references is unfair, unconstitutional, un-American, and dangerous. What about all those who are offended by the banning of religious expression, or by the increasingly R-rated (even X-rated) speech and curriculum at the same public schools and public events? We are becoming a nation run by a secular Taliban....talk about a slippery slope!
Posted by: Laura | March 22, 2010 at 10:15 PM
Well it seems to be alright to praise Obama and sing songs about him. I know in time and soon all Catholic schools will close down prayer will cease, and most churches will close, but do you think God will do nothing? His time is very near so keep the faith and Remember the war has already being won. Let the Devil have his last gasp, for soon he will lose it all.
Posted by: John | March 22, 2010 at 10:08 PM
IT will not be long before OUR LORD JESUS CHRIST will come and show ALL these ATHEIST what it means to take GOD out of our country...... THEIR JUDGEMENT DAY WILL BE HORRIFIC and it will be too late for them.....
pray pray pray.......
JESUS IS COMING SOON !!
Posted by: Faith | March 22, 2010 at 08:41 PM
When some unbelievers die are going to be surprised to find out there really is a God. A God of love, mercy and justice. In God I trust. The Alpha and the Omega. He is the beginning and the end. He is with me at all times in good times and in bad. He gave us His Only Begotten Son for our Salvation. As we, approach Easter may our hearts and minds remember the Resurrection of Jesus. He died for all of us sinners; even those who at this time do not believe. But I can assure you the time is coming soon when ALL will believe!
Alleluia,
Kathy
Posted by: Kathy Fitz Reilly | March 22, 2010 at 08:30 PM
Why aren't there more legal objections to R -rated movies/curriculum/music/books, etc. using the same rhetoric and reasoning that those who find religious expression "offensive"? These are instruments of evil and immorality, an anti-religion, and should be treated the same way our religious freedoms are being dragged through the courts. So many more find these expressions even more offensive than the few who don't like the mention of God. On Halloween my granddaughter was taken to their library to see a witch and her cauldron (BTW Halloween is the Satanic high feast day) BUT at Christmas time there is no mention of Jesus Christ whose Birthday we are celebrating. What is wrong with this picture?
Posted by: Kay | March 22, 2010 at 08:02 PM
Good for the 9th Circuit! If you want to hear religious music, go to church.
Posted by: Drew | March 22, 2010 at 07:01 PM
Justice exhalts a nation; but sin makes nations miserable (Proverbs 14:34).
Posted by: Maggie | March 22, 2010 at 06:33 PM
Dont all of you Holy Rollers get it. Its not the song,or about God or Jesus or Buddah; its about the slippery slope we get into when we start inserting even the most mundane and seemingly harmless songs etc into our government. Think Iraq, Iran, Pakistan, Afanistan, Northern Ireland. If you think it through, rather than an immediate visceral response, it would be helpful to all
Posted by: Brian | March 22, 2010 at 06:14 PM
Before reacting to a decision, it is wise to think about the decison in light of altered facts. Imagine a school approving the use of a famous Islamic religous piece for the graduation program or the band's playing of the Russian National Anthem. How would we view the decision if the school officials in those situations said that that music could not be played? In my state, many who championed the right to have prayers in schools as a part of the official curriculum (presuming it would always be Christian prayer in line with their beliefs)became engraged when a charter school, founded primarily by Muslim parents, provided official breaks in the day for prayer, which the Muslim students used to pray. The Charter school is being made to stop its practices, but that might not have been possible had the courts ruled in faver of allowing Christian prayer to be incorporated into the school day. We must put ourselves in the position of not sharing the majority's beliefs before we form an opinion on how the court should rule.
Posted by: Joan | March 22, 2010 at 05:50 PM
The USA will get what it deserves, definately no help (when things really get bad...) from the so called "God" since obviously he does not exist according to just about all the media, governments, judges and population!
Posted by: Hans Novel | March 22, 2010 at 05:15 PM
I guess these means we also can remove "under God" from the Pledge of Allegiance, which was only put there during the 1950's anyway....
Posted by: Perry | March 22, 2010 at 04:58 PM
We have a school district here in Penna. which now permits R rated movies to be used in the high school for "educational purposes"....How sad, prayer is out...God is out...R rated movies are in.
Posted by: Sandra Brandt | March 22, 2010 at 04:40 PM
Obviously this school cannot accept any monies to help in any way: building or equipment. After all, money clearly has "In God We Trust" written on it. So therefore: it might be offensive.
Posted by: eloise Lanum | March 22, 2010 at 02:39 PM