Posted on 07/01/2006 11:06:30 AM PDT by dukeman
SEATTLE, Wash.—Attorneys for The Rutherford Institute have filed a First Amendment lawsuit in defense of the rights of a member of a high school wind ensemble to perform an instrumental arrangement of “Ave Maria” at the school’s graduation ceremony.
The case centers on a school official’s refusal to allow the senior high woodwind ensemble to perform their choice of an instrumental arrangement of German composer Franz Biebl’s “Ave Maria” at the school’s graduation ceremonies. In the complaint, which was filed in U.S. District Court in Seattle, Wash., Institute attorneys charge that the school superintendent’s unfounded concerns about the religious nature of the piece and subsequent move to veto the ensemble’s decision to perform the piece at their graduation ceremony violated the First and Fourteenth Amendment rights of the senior members of the woodwind ensemble.
“This case is a perfect example of the ridiculous extremes to which school officials will go in their efforts to sanitize our nation’s public schools of anything even remotely related to Christianity,” said John W. Whitehead, president of The Rutherford Institute. “Schools cannot ban performances and restrict students’ right to free expression whenever those forms of expression might have some minimal connection to religion. This is a case of clear and open hostility towards religion—Christianity, in particular.”
Traditionally, school officials at Henry M. Jackson High School in Snohomish County, Wash., have allowed the senior members of the high school’s top performing instrumental group, the woodwind ensemble, to choose a song from their repertoire to perform as a farewell during graduation ceremonies. Having performed Franz Biebl’s “Ave Maria” at a public concert in 2004, which was attended by students, parents, faculty and members of the public, the wind ensemble unanimously chose to perform it again at their graduation ceremony on June 17, 2006, because they felt its aesthetic beauty and peacefulness would be appropriate for the tone of the ceremony.
The senior members proposed to perform Biebl’s piece instrumentally; no lyrics or words would be sung or said, nor did the senior members intend that any lyrics would be printed in ceremony programs or otherwise distributed to members of the audience. However, despite the absence of lyrics, Dr. Carol Whitehead, superintendent of Everett School District No. 2, refused to allow the ensemble to perform “Ave Maria” at their graduation ceremony because she believed the piece to be religious in nature.
In response, attorneys for The Rutherford Institute filed a First Amendment lawsuit against the superintendent on behalf of graduating senior Kathryn Nurre, a saxophonist with the wind ensemble and one of the 17 senior high students who selected “Ave Maria” for the graduation ceremony. As Institute attorneys pointed out in their lawsuit, the superintendent’s actions violated the students’ rights to freedom of speech, to be free from hostility to religion and to equal protection under the law.
This crap has got to be stopped.
(The Palestinian terrorist regime is the crisis and Israel's fist is the answer.)
It's really sad that everything has to be litigated in court because people can't behave reasonably and make sound judgement decisions.
The Ave Maria is a beautiful piece of music. What a shame to deprive anyone of enjoying it.
I guess Handel, Bach, Beethoven and Mozart would be out too.
Kids can't play "Ave Maria" because it might offend some thin-skinned atheist, but the New York TImes can publish the Army's battleplans because the public has the "right to know!"
Unless you are a trial lawyer. Big donors to the DNC.
We have to SUE for freedom of speech????
Put the damn A C L U population in jail.
Pretzel Logic
As dangerous as some fear I think we need a Constitutional Convention to further elaborate and define the meaning of the Establishment Clause(merely no state church)NOT a separation of religion and state; Citizenship, the conditions of its acquisition and surrender; elimination of the one man one vote concept-which is merely 19th century British marxism. By this I mean the re-granting of the power to the States to have their state senate based upon one senator per county. The setting forth of voting requirements, ie minimum age, a prospective voter must reside in a state continuously for six months and in the county for ninety days, every time a person moves he must re-register, all registration must be in person and before an officer authorized to administer oaths; students must return to their parents home in order to vote
Lord have mercy...
the English version has the word 'prayer' in it so it must be stopped! oh, the humanity!!!
Ave maria
Maiden mild!
Oh, listen to a maiden’s prayer
For thou canst hear amid the wild
’tis thou, ’tis thou canst save amid dispair
We slumber safely till the morrow
Though we’ve by man outcast reviled
Oh, maiden, see a maiden’s sorrow
Oh, mother, hear a suppliant child!
Ave maria
Ave maria, gratia plena
Maria, gratia plena
Maria, gratia plena
Ave, ave dominus
Dominus tecum
The murky cavern’s air so heavy
Shall breathe of balm if thou hast smiled
Oh, maiden, hear a maiden pleadin’
Oh, mother, hear a suppliant child
Ave maria
Ave maria
Or how about Edwin Starr's "WAR"? It is a classic, iconic song for the left, yet "Good God" frequently appears in the lyrics. We wouldn't want to confuse the little darlings, would we?
These bubbleheaded school administrators
(as well as the Anti Christian Lawyers Union {even though they don't appear to be involved in this case})
will all receive their just awards eventually. Unfortunately, I don't get to see them suffer for it now.
If they dont like it they dont have to be there, or here!
The ACLU at it again. Good for the Rutherford Institute. I hope this goes to the SCOTUS and the good guys win.
Have we lost ALL REASON?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.