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Suit Challenges Religious Lyrics Planned For School Assembly

By Howard M. Friedman

Today's St. Augustine (FL) Record reports on a lawsuit filed last week in federal district court in Florida complaining about an attempt by teachers to include the Diamond Rio band's song "In God We Still Trust" in a public school's third-grade end-of-year assembly. Initially teachers told students that if they objected to practicing the song, they could be excused, but they would be excluded from the entire performance. However after a complaint from a parent, the district quickly removed the song completely from the program. The song (full lyrics reprinted in article) includes the following:

And when we pledge allegiance; There's no doubt where we stand;
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's all about....
Now it's time for all believers; To make our voices heard...

In a statement responding to the lawsuit, the district said: "It is never our intention to offend anyone, and, like any other complaint, we responded quickly and appropriately.... This is obviously someone again using the school system (as well as taxpayers' money to defend the lawsuit) for their own personal agenda. Unfortunately, this is not unusual and distracts us from our mission." Meanwhile, in a court filing opposing plaintiffs' motion for a preliminary injunction, the district argued that "unlike school sponsored or endorsed prayer, school sponsored religious songs are not de facto violations of the First Amendment." [Thanks to Larry Mundinger for the lead.]

Full post as published by Religion Clause on March 22, 2009 (boomark / email).