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Preliminary Injunction Granted In Challenge To Grade School Religious Music

By Howard M. Friedman

In S.D. v. St. Johns County School District, (MD FL, April 15, 2009), a Florida federal district court granted a preliminary injunction barring an elementary school from directing students to rehearse or perform the Diamond Rio band's song (via YouTube), "In God We Still Trust." Third graders had been told that if they did not wish to practice the song for their upcoming assembly, they could not appear at all in the program. Finding that it was likely plaintiff would prevail on his Establishment Clause challenge, the court said:

The challenged song is not a sacred example of a choral music used to instruct students in music theory and appreciation. It is a modern, American county music song overtly espousing a specific religious viewpoint and attacking of those who do not share in the same belief. Additionally, the song degrades the doctrine of governmental separation and neutrality towards the promotion of religious ideologies.

The preliminary injunction was entered even though the school had withdrawn the song from this year?s assembly. Today's St. Augustine (FL) Record reports on the decision. (See prior related posting.)

Full post as published by Religion Clause on April 16, 2009 (boomark / email).