EXTRA EXTRA – READ ALL ABOUT IT!!
Posted on September 21, 2005
We interrupt your regularly schedualed programming for an important cross-post from Gribbit’s Word.
Why Are They Holding Out?
Olivia Turton selected, Awesome God, a very popular modern Christian song to sing for her act. She was permitted to practice her song only to find out on the night of the talent show that she would not be permitted to sing it.
c-n.com reports:
On the day of the talent show, a federal judge declined an emergency request to compel the school to let Olivia sing “Awesome God.” After hearing arguments in Trenton, U.S. District Judge Stanley R. Chesler said he refused to decide “a complex constitutional issue at the 11th hour,” said attorney Demetrios K. Stratis, who is representing the child.
But guess what happens next? You’ll never believe what happens. I’ll let c-n.com tell you the good news.
The New Jersey chapter of the American Civil Liberties Union announced Tuesday that it has asked to participate in the case of a second-grader prevented from singing a religious song at a public school talent show.The organization filed a motion Monday, backing the views of 8-year-old Olivia Turton, who was prevented by school administrators from singing “Awesome God” at a voluntary, after-school talent show.
Jennifer Klear, the organization’s cooperating attorney with the New York-based law firm Drinker, Biddle & Reath, said in a prepared statement, “There is a distinction between speech by a school and speech by individual students. The Constitution protects a student’s individual right to express herself, including the right to express herself religiously.”
Russel Weiss Jr., the school board’s attorney, said Tuesday that he was unaware of the organization’s motion and plans to release a statement later this week.
“The school’s position is that it did not violate the student’s First Amendment rights, and the school acted properly in rejecting the use of the song … because of it’s overtly religious nature.”
The lawsuit, also brought with the support of the Alliance Defense Fund, a Christian legal advocacy group based in Scottsdale, Ariz., has argued that the constitutional separation of church and state does not restrict an individual’s religious speech. Joyce Brennan, the school’s superintendent, did not return a phone call for comment.
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Gribbit is a contributing writer at Stop The ACLU and the co-founder and administrator of Stop The ACLU BlogBurst.
We now return you to your regularly schedualed programming
» Filed Under 1st Amendment, ACLU, Church And State
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12 Responses to “EXTRA EXTRA – READ ALL ABOUT IT!!”
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Good for the ACLU! I know that in clear cases like this where an individual is expressing their religion without being involved in a group effort the ACLU say they hold this belief. They rarely act in these cases when it involves Christians, but the only fair thing to do when criticizes an organization, and asking for its reform is to praise it when it does the right thing. Too many cases go ignored by the ACLU like this while they are busy protecting terrorist.
I know they take a few cases like this, especially when they are clear cut in order to retain the claim of non-partisanship. However, I praise the decision to stick by their claimed principles on this one.
I hope this becomes a trend, but I doubt it.
The schools are afraid of their own shadow, they have been sued over this and that for so long they simply do not know hich way to turn. I hate siding with the schools but it is a fact.
Very good point Carolyn. It is ironic that in all probability this school made its decision based on a fear of being sued by the ACLU.
So now we make decisions based on fear of being sued?
It reminds me of the stand The American Boychoir school has taken in Court regarding the allegations of sexual abuse that their alumni suffered for years at the hands of their teachers – absolute denial of responsibility and accountability for fear of further law suits.
Has our moral fabric become so fragile that we can even begin to condone such behavior Carolyn?
BTW Gribbit, don’t you think it’s amusing that District Judge Chesler finds matters regarding the First Amendment “complex constitutional issues…”, perhaps he didn’t have his little black book with him..(LOL)
The new America, and what we have been trying to fight against, ruling you lives with the fear of being sued.
Well at least there is progress, the ACLU is on the correct side of this one, maybe this site, and people like us, are actually making a difference…maybe.
Here is something that needs to be considered. The School Board is probably going to be meeting, or has already met to discuss this matter. Knowing that the ACLU and the ADF will in all likelihood pursue this to the highest reaches of the federal court system, and knowing that they would lose in this fashion,they will ultimately give in. However, this being said, that talent show is over. This little girl who was looking forward to singing in public for what might be the very first time, has been dealt a blow to the development of her talent. If she has aspirations to being an entertainer, this could possibly have an adverse affect on her ability to do so. A piece of this little girl has been hurt. And no matter the ruling or decision of the school board to back off of their position, the damage has been done. What will they do to correct this? I’m not sure that it can be corrected.
It’s amazing that this school board could outdo even the ACLU for hostility to Christianity. Maybe the moonbattery that has been running rampant in Philly recently is managing to travel up the river. (Philadelphia’s city council recently voted 16-1 to pull our troops out of Iraq immediately — as if someone had died and left these nuts in charge of our foreign policy.)
Couldn’t see your Trackback number. So posting comment:
See my post ‘The New Jersey Wall between Church and State’ today, I quote your last comment as food for thought…..
Thank you very much Alexandra…
Hmmm…can’t say there’s much common sense on behalf of the school board here is there? They allowed her to sing the song in practice, but then later said no? If the choice of what to sing is left up to the student, don’t be suprised if some of them choose songs of this nature…the only stuff they shouldn’t be allowed to sing is the patently offensive songs, that shouldn’t be heard by an 8 year old, much less sung by one…this isn’t a complex issue at all…the issue isn’t being pushed by the state, she isn’t being compelled to sing, this is her choice….at least it -was-….
It happens from time to time…
I don’t think the ACLU is anti-Christian in intent. Their political worldview that they are pushing through the courts, however, is anti-Christian in effect, though occassionally lines up with Christian things, or conservative for that matter. (See their defense of Rush Limbaugh’s medical records, for instance).
It should be noted that people who really think about these things and take a position (moderates are excluded, they don’t take positions, they try to be popular) really agree on what the problem is. There are crappy people in the world and most of them are in the government. The difference between the right and the left is the solution, i.e. more government vs do-it-yourself.
where have I been all day ? good Post Gribbit ,