On The Front Lines
Rutherford Institute Attorneys File Suit Against Virginia School for Censoring Celine Dion 'The Prayer' Song at High School Graduation
Institute Attorneys File Complaint on Behalf of Student's Right to Free Speech and ExpressionWINDSOR, Va.--Attorneys for The Rutherford Institute have filed a complaint in the U. S. District Court for the Eastern District of Virginia on behalf of a senior high school student whose graduation song was censored by school officials because of its religious content. The song, "The Prayer," was recorded by popular vocal artist Celine Dion.
In response to the senior class sponsor's invitation in April 2003, Anna Ashby, a senior at Windsor High School in Windsor, Va., volunteered along with another student to sing a song at the school's graduation exercises. After a teacher, who was acting as the senior class adviser, informed Ashby and her fellow classmate that they would be permitted to sing, the teacher requested a copy of the lyrics of the song they intended to sing. Ashby provided the class adviser with the lyrics to the song, "The Prayer," recorded by popular vocal artist Celine Dion. The song, framed in terms of a prayer, asks God to "help us to be wise in times when we don't know," "when we lose our way lead us to the place, guide us with your grace to a place where we'll be safe," "that life be kind," and that "each soul will find another soul to love." After reviewing the lyrics of the song, Dr. Michael McPherson, superintendent of Isle of Wight County School District, instructed school officials to inform Ashby and her classmate that they would not be permitted to sing at the graduation ceremony. McPherson argued that allowing Ashby to perform the song would violate the school's policy on the separation of church and state. At a special board meeting held on June 12, 2003, board members for the Isle of Wight County School District defended their decision to prohibit the song based on the religious character of the song's lyrics. School officials then prohibited Ashby and her classmate from singing "The Prayer" or any other song at the graduation ceremony. In filing suit against the school district, Institute attorneys contend that the school's censorship of Ashby's performance violates her First and Fourteenth Amendment rights to free expression. They also assert that by censoring the song's lyrics, the school violated clear guidelines issued by the U. S. Department of Education prohibiting censorship of a student graduation speaker's personal religious viewpoint. Institute attorneys are seeking compensatory and punitive damages.
"This is the type of discrimination and censorship that our Constitution forbids," said John W. Whitehead, president of The Rutherford Institute. "Students who express themselves religiously should not be treated as second-class citizens."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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