3rd Circuit OK's Ban On Religious Holiday Songs At School Concerts

In Stratechuk v. Board of Education, South Orange-Maplewood School District, (3d Cir., Nov. 24, 2009), the U.S. 3rd Circuit Court of Appeals upheld a New Jersey school district's policy banning celebratory religious holiday music at school-sponsored holiday concerts. Holiday music could still be taught in music classes. Also, songs with religious content not specifically related to the holidays at hand could be performed in concerts. The 3d Circuit rejected plaintiff's argument under the Establishment Clause that the policy's purpose and effect is to disapprove of religion. The school argued that its purpose was to prevent governmental endorsement of religious holidays. The Court concluded:

Certainly, those of us who were educated in the public schools remember holiday celebrations replete with Christmas carols, and possibly even Chanukah songs, to which no objection had been raised. Since then, the governing principles have been examined and defined with more particularity. Many decisions about how to best create an inclusive environment in public schools, such as those at issue here, are left to the sound discretion of the school authorities.

The court also rejected plaintiff's claim that the school was unconstitutionally restricting students' access to ideas. Yesterday's Newark Star-Ledger reported on the decision. (See prior related posting.)