From Teachers and
Religion in Public Schools, page 36
May a music teacher include religious music in choral programs?
Yes, religious music may be
taught if it is "presented objectively
as part of a secular program of education." 128 (Florey v. Sioux
Falls School District, 619 F.2d 1311,1314 (8th Cir. 1980). cert.denied,
449 U.S. 987 (1980), quoting Abington v. Schempp, 374 U.S. at 225;
Bauchman v. West High School, 132 F.3d 542 (10th Cir. 1997); Doe
v. Duncanville Independent School District, 70 F.3d 402 (4th Cir.
1995).
For example, a choral program may include Christmas carols and other
religious music. (Florey, 619 F.2d at 1314, 1316 n.5)
Students may be given the
opportunity to perform "a full range
of music, poetry and drama that is likely to be of interest to the
students and their audience." (Id).
A federal appellate court
has explained that "to allow students
only to study and not to perform religious art, literature and music
when such works have developed an independent secular and artistic
significance would give students a truncated view of our culture." (id.at
1316).
The religious contact of the
programs must be "presented objectively
as part of a secular program of education." (id., quoting Abington
v Schempp, 374 U.S. at 225)
While allowing the inclusion
of Christmas carols in school programs, the same court noted that
an elementary
school program could not
include a "Christmas quiz" in which the students responded
as a group to questions by the teacher regarding the Christmas story.
(Florey, 619 F.2d at 1318).
Two other federal appellate courts have allowed choirs to sing religious
songs.
(Bauchman v West High School, 132 F.3d 542 (10th Cir. 1997), cert.
denied, 118 S. Ct. 2370 (1998); Doe v. Duncanville Independent School
District, 70 F.3d 402 (5th Cir. 1995).
One federal appellate court expressly permitted a school choir to
have a religious song as its theme song because legitimate secular
reasons existed for maintaining it as a theme song. (Doe v. Duncanville,
70 F.3d at 407 (legitimate secular reasons were: 1) Good music by
a reputable composer; 2) useful to teach students sight-reading;
and 3) useful to learn to sing a capella.).
The court wrote: Indeed, to forbid [the school district] from having a theme song
that is religious would force [the school district] to disqualify
the majority of appropriate choral music simply because it is religious.
Within the world of choral music, such a restriction would require
hostility, not neutrality, toward religion...A position of neutrality
towards religious must allow choir directors to recognize the fact
that most choral music can be sung is tantamount to censorship
and does not send students a message of neutrality. (id. at 407-408.)
Another federal appellate court rejected a student's lawsuit that
challenged, as an Establishment Clause violation, the number of religious
songs performed by a high school choir, including several written
by contemporary composers. (Bauchman v. West High School,132 F.3d
542 (10th Cir. 1997).
The choir performed secular songs as well. (id. at 555).
The court noted: Any choral curriculum designed to expose students to the full array
of vocal music culture...can be expected to reflect a significant
number of religious songs. Moreover, a vocal music instructor would
be expected to select any particular piece of sacred choral music,
like any particular piece of secular choir music, in part of its
unique qualities useful to teach a variety of vocal music skills
(i.e., sight reading, intonation, harmonization, expression), (id.
at 554)
The court also rejected the
student's challenge to choir performances at religious sites such
as churches. The
court determined that a
choir director could wish to use churches or other religious sites
because they might be "acoustically superior to high school
auditoriums or gymnasiums" and would give the teacher an opportunity
to "showcase his choir to the general public in an atmosphere
conducive to the performance of serious choral music." (id.
The court noted that the choir performed in a number of settings,
religious and secular, "all of which reflect the community's
culture and heritage." Id. at 555)
A federal district court did prohibit a school secretary from leading
a Gospel Choir that met on school grounds immediately after school
as a student extracurricular group. (Sease v. School District of
Philadelphia, 811 F. Supp. 183 (E.D. pa. 1993)
If the school secretary wanted to continue to participate in the
choir's practices on school campus immediately after school, the
choir would have to change its repertoire to include songs that had
no religious references, although it could continue also to sing
religious songs. (id. at 186-187)
The choir sang at school assemblies and at community events, including
churches. (id. at 184. The court did not address these activities
and did not seem concerned by them).