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Rutherford Attorneys Defend High School Senior's Right to Religious Expression at Graduation; School Censors Celine Dion Song 'The Prayer'

Link:
Resources on Religious Expression at Graduation Ceremonies


NORFOLK, Va.--After hearing arguments in a case filed by Rutherford Institute attorneys on behalf of Anna Ashby, a senior high school student whose graduation song was censored by school officials because of its religious content, a federal judge for the U.S. District Court for the Eastern District of Virginia has agreed to allow the case to move toward trial. Lawyers for the school board had tried to have the case dismissed, insisting that the school acted within its rights in refusing to include Ashby's song in the high school graduation program.

"We're glad the court rejected the school's argument for not allowing Anna Ashby to sing at her graduation," said John W. Whitehead, president of The Rutherford Institute. "Clearly, Anna was denied her right to sing her song because of its religious content. School officials like those at Windsor High School need to start worrying less about offending people and more about upholding the First Amendment rights of their students." In anticipation of questions about religious expression at graduation ceremonies and assemblies, Institute resources on this topic are available online. Link:
Resources on Religious Expression at Graduation Ceremonies


The case began in April 2003 when, in response to the senior class sponsor's invitation, 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 nonsectarian 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 contended that the school's censorship of Ashby's performance violates her First and Fourteenth Amendment rights to free expression. They also asserted 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.

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



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