School Choir Can Sing Christmas Music, Appeals Court RulesDec 22, 1997 The United States Court of Appeals for the Tenth Circuit on Thursday upheld a lower court ruling that a Salt Lake City High School could include Christmas Carols and other music with religious lyrics in its repertoire.
The appeals court's decision affirmed the dismissal of a suit brought against West High School and its choir director by Rachel Bauchman, a choir member who objected to the singing of religious music and the choir's performance of some of its field-trip concerts at local churches. Twenty-one choir members and parents, represented by The Becket Fund, intervened in the suit, arguing that given the importance of music with religious themes and texts to choral music, eliminating such songs would deny the students a diverse music experience and would send a message to students that the religious aspects of culture had no place in public life.
The Court of Appeals ruled that given the fact that so many of the great works of choral music are religious, "Any choral curriculum designed to expose students to the full array of vocal music . . . can be expected to reflect a significant number of religious songs." The Court also found that the performance of some concerts at local churches of various denominations was permissible, since such venues "often are acoustically superior" and provide "an atmosphere conducive to the performance of serious choral music." Since Ms. Bauchman was permitted to opt out of all songs and concerts she found objectionable, the Court held, her constitutional rights were not violated.
Becket Fund litigation director Eric Treene stated: "This is a great victory for the principle that religion is a valid part of our culture and our heritage, and that the Constitution does not require us to pretend that it isn't."
The Becket Fund is a bi-partisan and ecumenical public-interest law firm that protects the free expression of all religious traditions. Relevant Cases
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