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Wisconsin School Officials Censor 'God' from High School Senior's Graduation Song, Violate Right to Free Speech and Expression

Rutherford Institute Attorneys File Complaint in U.S. District Court for Eastern Wisconsin

MILWAUKEE -- Attorneys for The Rutherford Institute have filed a complaint in the U. S. District Court for the Eastern District of Wisconsin on behalf of a senior high school student whose graduation song was censored by school officials because of its religious content.

Wanting to participate in her school's graduation exercises, Rachel Honer, a senior at Winneconne High School in Winnebago County, Wisc., informed the school's principal, Jim Smasal, of her desire to sing at the ceremony. School officials had formed a committee, comprised of faculty members, to select students to speak or perform at the graduation exercises. The committee was instructed to select students on the basis of neutral, nonreligious criteria. Smasal informed Honer that if she were chosen by the committee, she could sing. Smasal did not place any restrictions on or provide any specific guidelines for the content of Honer's performance. After selecting Honer to sing at the graduation ceremony, the committee asked her to submit a copy of the song lyrics. After reviewing the lyrics to "He's Always Been Faithful" by the recording artist Sara Groves, Smasal informed Honer that she would not be permitted to perform the song, because the word "God" appears three times in the lyrics. Smasal and Robert Reinke, the school district's superintendent, voiced their concern that the song might be offensive to some and would violate the separation of church and state. If Honer were to substitute the words "He," "Him" or "His" for the word "God," however, she would be permitted to perform the song at the ceremony. In filing suit against the school district, Institute attorneys contend that the censorship of Honer's performance violates the First and Fourteenth Amendment rights guaranteed by the U.S. Constitution. They also assert that by censoring the song's lyrics, the school unlawfully restricted Rachel Honer's private religious speech. The complaint requests a permanent injunction against the school district, prohibiting it from censoring Honer's song at the graduation ceremony, which is scheduled to take place on June 8, 2003.

"By censoring Rachel Honer's performance of any reference to God, Winneconne school officials are sending the message to Rachel, her classmates and every member of her community that 'Your faith is offensive and must be kept to yourself,'" said John W. Whitehead, president of The Rutherford Institute. "But the right to speak freely protects religious students who wish to acknowledge God at this important point in their lives, and does not permit singling out students of faith for censorship when the non-religious or even the irreligious are not treated this way."

The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.



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Nisha N. Mohammed
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Email: Nisha N. Mohammed

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