![]() ![]() ![]() Constitution, which states that "Congress shall make no law respecting an establishment of religion.”Īccording to Muise, the Establishment Clause must be interpreted as not only prohibiting governments from "endorsing or approving a religion" but also from "disapproving or acting hostile towards religion." Thus, by charging the school district with promoting a "message of disapproval and hostility towards religion," Stratechuk was charging the district with violating the First Amendment of the Constitution. Muise, who works for the Thomas More Law Center and focuses on defending Christian freedom of expression, told the Times that "the establishment clause requires the government to be neutral towards religion." The Establishment Clause is the popular term for the first part of the First Amendment of the U.S. The New York Times reported that in his original complaint, Statechuk claimed that the school district's prohibition of Christmas carols from holiday concerts was “a government-sponsored message of disapproval and hostility toward religion.” Government hostility towards religion was a key element of Stratechuk's argument against the district's policy, and one which that Stratechuk's lawyer, Robert Muise, underscored in comments he made to the New York Times after the appeals court reheard the case in September 2009. Government Must Not be Hostile Towards Religion The Case in Favor of the Christmas Carols Unfortunately for Stratechuk and his supporters, the appeals court recently issued a decision opinion affirming the lower court's ruling and declaring that the school district's policy does not violate the establishment clause of the First Amendment. Stratechuk appealed the district's court's ruling in favor of the school district, and the United States Appeals Court for the Third Circuit reheard the case in September 2009. In his initial complaint, Stratechuk argued that that district's policy banning music with religious themes (including instrumental versions of religious songs) from being played at the school's December concerts was a violation of the First Amendment's protection of freedom of worship. Michael Stratechuck, the parent in question, filed his initial lawsuit against the school district in December 2004. One parent in the South Orange Maplewood district has been engaged in a legal battle with the district since 2004 aimed at restoring Christmas carols to holiday concerts, but he has been unsuccessful thus far. ![]() Across the nation, school districts are changing their policies, banning music with religious themes at school-sponsored events. However, friends and family of students in New Jersey’s South Orange Maplewood School District no longer hear these songs at their annual holiday concerts. Songs such as “Silent Night” and “Joy to the World” have long been considered staples of the annual holiday concerts performed by school bands, orchestras, and choirs. ![]()
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