December 12, 2006
FOR IMMEDIATE RELEASE
CONTACT:
media@aclu.org
Ruling is a Victory for Religious Expression Rights, ACLU
Says
NEWARK, NJ - The American Civil Liberties Union of New Jersey
today praised a decision by U.S. District Court Judge Freda L. Wolfson
protecting the religious expression rights of students. The court held that a
Frenchtown Elementary School student had the right to sing the song "Awesome
God" at a school talent show. The ACLU of New Jersey submitted a
friend-of-the-court brief in support of the student.
"The ACLU has
a long-standing dedication to defending religious freedom," said ACLU of New
Jersey Executive Director Deborah Jacobs. "We are proud to help secure this
child's right to sing a religious song at the talent show."
The
second-grade student wanted to sing the song "Awesome God" in a voluntary,
after-school talent show. School officials refused to allow her to sing the
song, saying it would give the impression that the school favored religion.
In its brief, the ACLU of New Jersey argued that no reasonable
observer would have believed that the school endorsed the religious message
behind the student's song, and that the school therefore had no right to deny
her choice of song. The talent show was open for anyone from kindergarten
through 8th grade who wished to play a solo instrument, dance, perform a skit or
sing to karaoke. Students were permitted to select their own songs or skits.
Consistent with ACLU arguments, the court held that because the school allowed
students to choose their own songs, they could not reject the student's choice
of song because of its religious content.
"We're pleased that
today's decision helps ensure that a student's constitutional right to freely
express her religious views is protected," said ACLU cooperating attorney
Jennifer Klear of the law firm Drinker, Biddle & Reath. "The court upheld an
important distinction between religious expression that is initiated or
expressed by school officials and speech that is initiated by individual
students. Schools cannot censor student-initiated speech at after-school talent
shows and other public forums."
The ACLU of New Jersey has participated in other cases involving the right of
individual religious expression, including recently helping to ensure that
jurors are not removed from jury pools for wearing religious clothing and that
prisoners are able to obtain religious literature.
For other cases
in defense of religious freedom filed by ACLU affiliates nationwide, go to www.aclu.org/religion/govtfunding/26526res20060824.html
