Sorry, no expressions of Christianity allowed as 7-year-old blocked from using religious song in sign language performance
Pastor Dale Morgan
Sorry, no expressions of Christianity allowed as 7-year-old blocked from
using religious song in sign language performance*
Posted: June 13, 2009
12:05 am Eastern
By Drew Zahn
A public elementary school in Oakley, Calif., told a seven-year-old
second grader that she would not be able to perform her sign language
accompaniment to the song "We Worship You" at the school's evening
talent show because the song is Christian.
According to the Pacific Justice Institute, officials at Vintage Parkway
Elementary School praised Bette Ouellette's talent, but informed her
after auditions that the song was unacceptable for the school's June 1
talent show.
Bette's father, Brent, thought the school overreacted, and he called
PJI, which in turn sent a demand letter to the school, explaining legal
precedent that condemns the school's action as a wrongful misapplication
of constitutional law and requesting notification that future student
performances will not be censored based on religious content.
"Common sense and the federal courts both tell us that school talent
shows are clearly student expression protected by the First Amendment,"
commented PJI President Brad Dacus in a statement. "Censoring one
student's expression based on religious content is therefore
unconstitutional. We are hopeful that these straightforward principles
will be quickly recognized by the school."
The letter PJI sent informs the school that not only have federal courts
repeatedly ruled that applying the "separation of church and state" to
censor religious content from student performances is unconstitutional,
but also that in an almost identical case in New Jersey, a federal court
ruled that censoring a religious song at a school talent show amounted
to viewpoint discrimination.
"Contrary to popular belief, the United States Supreme Court has never
insisted there be an impenetrable wall between church and state," the
letter states, and then cites a pair of federal court rulings to affirm,
"rather, the U.S. Constitution 'affirmatively mandates accommodation,
not merely tolerance, of all religions, and forbids hostility toward
any.' To allow such hostility under the guise of total separation of
church and state would necessarily bring this country into 'war with our
national tradition as embodied in the First Amendment's guarantee of the
free exercise of religion.'"
Further, the letter states, "Federal courts have warned that school
censorship of student-initiated religious activities is just as onerous
as school sponsorship of such activities."
We contacted the school's principal for comment, but received no response.
PJI attorney Matthew B. McReynolds said that Bette Ouellette did not
perform at the talent show.
"All we want is an apology and a promise that this won't happen again,"
said Bette's father in a statement. "There are a variety of religious
views within our own household, but we respect each other and don't try
to silence anyone. We think the school should be the same way."