June 5, 2006
FOR IMMEDIATE RELEASE
CONTACT:
media@aclu.org NEWARK, NJ - The American Civil Liberties Union of New Jersey
today filed a friend-of-the-court brief in a case seeking to uphold an
elementary school student's right to religious expression.
The Frenchtown Elementary School student, whose initials are O.T.,
wanted to sing the song "Awesome God" in a voluntary, after-school talent show.
School officials refused to allow the student to sing her song, saying it would
give the impression that the school favored religion. “O.T.” remains
anonymous to protect her privacy.
"There is a distinction
between religious expression initiated or endorsed by school personnel, and
speech initiated by individual students," said ACLU of New Jersey cooperating
attorney Jennifer Klear of Drinker, Biddle & Reath in New York. "The
Constitution protects a student's individual right to express herself, including
religious expression."
In its brief, the ACLU 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 the 1st through 8th grades who wished to play a solo
instrument, dance, perform a skit or sing karaoke. Students were permitted to
select their own songs or skits.
"We are dedicated to protecting
the right of individual religious expression," said ACLU of New Jersey Legal
Director Ed Barocas. "O.T. has our full support in defense of her right to sing
a religious song in the talent show."
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.
The case,
O.T. v. Frenchtown Elementary School, was filed in federal court in
Trenton.
For more information on the ACLU’s defense of religious
expression, go to
www.aclu.org/religion
