Graduation Performance and Bible Club Conflicts Resolved

We recently told you about a situation involving an 8th grade student who auditioned to perform a tap dance number at her graduation ceremony but was told that she had to change her song selection or use an instrumental version with no words because the song mentioned God. Im glad to report that the student will be able to perform her tap dance number at her graduation ceremony with the lyrics of the song playing.

The student auditioned to the Christian song, My One Thing, by Rich Mullins. She chose this song because it reflects her personal religious experience. The graduation committee was impressed by her dance and invited her to perform at the ceremony, but she was told that she could not use that song with lyrics.

We sent a letter to the schools attorney explaining that the same principles apply to this situation as to religious content within speeches given by valedictorians and salutatorians. The U.S. Department of Educations Guidelines issued in 2003 state that, Where students or other private graduation speakers are selected on the basis of genuinely neutral, evenhanded criteria and retain primary control over the content of their expression, . . . that expression is not attributable to the school and therefore may not be restricted because of its religious (or anti-religious) content. Even under court decisions in certain states that limit religious expression at graduations on Establishment Clause grounds, student religious expression is permissible so long as it is non-proselytizing and non-sectarian.

After reviewing our letter, the school agreed to allow the student to perform her tap routine with the lyrics of the song playing. The student and her family were very pleased with this outcome.

In addition, a parent contacted us regarding her daughters right to hold Bible club meetings at her middle school. The club had held meetings on campus until its faculty advisor stepped down from the position. No faculty member assumed that role and, as a result, the Bible club had to stop holding meetings.

We sent a demand letter explaining that the Equal Access Act and the First Amendment required the school to ensure that the Bible club would be able to promptly resume holding its meetings on campus.  In response, the Principal informed the students that the Bible club would be able to immediately resume holding meetings.  The clubs first meeting went well and the family thanked us for our assistance.