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Dead Constitution
See other Dead Constitution Articles

Title: Judge Bans Religious Song From School
Source: UPI
URL Source: http://www.upi.com/Top_News/2009/04 ... rom-school/UPI-40081239944963/
Published: Apr 19, 2009
Author: UPI
Post Date: 2009-04-19 17:51:39 by Brian S
Keywords: None
Views: 2122
Comments: 79

JACKSONVILLE, Fla., April 17 (UPI) -- A federal judge has banned a Florida elementary school from having children sing a country song, "In God We Still Trust," at a school assembly.

The lyrics attack the principal of separation of church and state, U.S. District Judge Harvey Schlesinger said. He issued a preliminary injunction Wednesday against the Webster School in St. Augustine, The Jacksonville Times-Union reported.

While some religious songs can be sung in public schools, "In God We Still Trust" by Diamond Rio is "patently religious and proselytizing," the judge said.

He cited some of the lyrics: "There's no separation. ... We're one nation under Him ... Now there are those among us who want to push Him out and erase His name from everything this country is all about ... Now it's time for all believers to make our voices heard."

The parents of two Webster students filed the lawsuit in March, saying their children were being forced to endorse views they do not share.

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Begin Trace Mode for Comment # 40.

#26. To: Brian S (#0) (Edited)

the principal of separation of church and state

And just who came up with this so-called "principle?" Could it be a lawyer's opinion (legal revisionism/legislation for the communist and jewish causes) or might it be in the Constitution somewhere? Gee I wonder....

The StateInc boogeymen we're told to fear are bearded Muslims named Bin Drinkin and white males with crew cuts and Bibles. Who is missing?

IndieTX  posted on  2009-04-19   23:13:34 ET  Reply   Untrace   Trace   Private Reply  


#29. To: IndieTX (#26)

"In God We Still Trust" is a "song overtly espousing a specific religious viewpoint and attacking of those who do not share in the same belief," Schlesinger wrote in a 24-page decision.

William Sheppard, an attorney for the plaintiffs, declined to comment, as did school district Superintendent Joseph Joyner, who said he hadn't heard about the judge's ruling until he was asked to comment on it.

In a statement to The St. Augustine Record after the lawsuit was filed, Joyner dismissed the parents as "someone again using the school system (as well as taxpayers' money to defend the lawsuit) for their own personal agenda."

A telephone message left for one of the district's attorneys was not returned Wednesday.

Schlesinger also wrote that, as third-graders, the younger plaintiffs are "more easily influenced by their teachers" and "extremely sensitive to signs of disapproval and disappointment from the same teachers and their classmates."

To that end, the defense -- which includes the school district, Webster Principal George Leidigh and the two teachers in charge of the program, Dawn Caronna and Debbie Moore -- "ostracized the objecting students from their classmates and effectively penalized them for exercising their constitutional right to object," the judge ruled.

Also on Wednesday, the judge filed a separate ruling against the defense, and the defense filed two separate motions to throw out the lawsuit.

Citing procedural issues, Schlesinger threw out the affidavits signed by the Leidigh and the two teachers in which they denied telling students they had to choose between performing the song and sitting out the recital.

www.staugustine.com/stori...609/news_041609_017.shtml

I think the case is pretty well made here that the school was trying to require kids to listen to and participate in the singing of this song. Non-religious children or children of other faiths would not feel comfortable with this music.

Deasy  posted on  2009-04-19   23:24:39 ET  Reply   Untrace   Trace   Private Reply  


#38. To: Deasy (#29) (Edited)

think the case is pretty well made here that the school was trying to require kids to listen to and participate in the singing of this song. Non-religious children or children of other faiths would not feel comfortable with this music.

I agree with that statement. Personally, I think the song lyrics are blatant hypocrisy at best.
However, neither the judge or the principle he summons are concerned with altruism or children's welfare.

IndieTX  posted on  2009-04-19   23:39:32 ET  Reply   Untrace   Trace   Private Reply  


#40. To: IndieTX (#38)

The school is acting with governmental authority here. He's obligated to restrain the government's hand. It does not have the power to compel religious expression. I don't know the judge but he made the correct ruling.

Deasy  posted on  2009-04-19   23:41:21 ET  Reply   Untrace   Trace   Private Reply  


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