Written by Don Byrd
In the church-state world, cold weather means holiday disputes can’t be far behind. Earlier this month, I posted about a school district in Wisconsin that barred the use of sacred music in school concerts, a decision that was later rescinded pending further planning to develop the policy.
Religion News Service reports today on a similar development in a New Jersey school district, where church-state concerns have led to a decision to prohibit religious music at elementary school holiday concerts.
Bordentown Superintendent Constance J. Bauer issued a statement on Oct. 18 saying that some of the selections were questioned and that “religious music should not be part of the elementary program.”
The statement added that the district solicitor is reviewing the decision, mentioning how the U.S. Supreme Court in 2010 declined to hear an appeal of a similar situation involving another New Jersey family.
In that other situation, Stratechuk v. South Orange-Maplewood School District, the 3rd Circuit upheld a school district’s policy requiring secular music, on the grounds that secular is not anti-religious. The Constitution likely does not require school districts to have such a policy, but it seems to be permissible, considering Stratechuk.
School Districts then seem to have some discretion: either a policy of all secular music, or a policy that allows diverse music, including religious music, in certain circumstances. In this new controversy, Bordentown officials are under some pressure to rescind the position that “religious music should not be part of the elementary program.” What is the best approach?
