A lawsuit was filed in federal district court in Los Angeles last week on behalf of a 5th-grade student challenging Superior Street Elementary School's school's policy of barring acts with religious messages from the school's annual talent show sponsored by the PTA. The complaint (full text) in B.H. v. Garcia, (CD CA, filed 1/28/2011), alleges that the school told the student that his interpretive movement to the religious song "We Shine" was not permitted because of the song's religious message. The principal suggested that the student select a song that does not mention Jesus so many times. The suit seeks a declaratory judgment that the school's policy violates the free speech, free exercise and establishment clauses of the 1st Amendment as well as the 14th Amendment's equal protection clause and seeks temporary or permanent injunctive relief so the student can perform in this week's show. Alliance Defense Fund issued a press release announcing filing of the lawsuit.
UPDATE: ADF announced on Feb. 2 that after the filing of the lawsuit, the Los Angeles Unified School District agreed that it would no longer prohibit 5th grader B.H. from performing his Christian song. ADF attorneys however will continue the lawsuit to prevent future applications of the same policy.
