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Court Upholds School's Holiday Music Policy

By Howard M. Friedman

In Stratechuk v. Board of Education, South Orange Maplewood School District, 2008 U.S. Dist. LEXIS 66383 (D NJ, Aug. 29, 2008), a New Jersey federal district court upheld a school board's holiday music policy that barred inclusion of religious holiday music in school holiday concerts. The court rejected plaintiff's claim that the policy as interpreted by officials violates the Establishment Clause, holding that it "has a valid secular purpose, does not convey a message of disapproval of religion, and does not foster an excessive entanglement with religion." The court also rejected plaintiff's claim that the school policy as interpreted by officials violates his children's right to receive information and ideas, their right to learn, and their right to academic freedom. The court held that the school policy is directly related to pedagogical concerns. The court's decision in the long-running case came came after an earlier appeal and remand from the Third Circuit. (See prior posting.)

Full post as published by Religion Clause on September 03, 2008 (boomark / email).