Law & Courts

Courts Sound Sour Note on ‘Ave Maria’ at Event

By Mark Walsh — September 15, 2009 1 min read
  • Save to favorites
  • Print

Kathryn Nurre and other members of the Henry M. Jackson High School wind ensemble wanted to perform an instrumental version of the song “Ave Maria” at the 2006 graduation ceremony—only to be shut down by administrators concerned about the song’s religious content.

Now the dispute, in Everett, Wash., appears headed for the U.S. Supreme Court after a Sept. 8 ruling by the U.S. Court of Appeals for the 9th Circuit, in San Francisco, upholding the school officials’ decision. (The case is Nurre v. Whitehead, No. 07-35867.)

The decision illustrates the perennial tug-of-war over religious expression in public schools. (“Consensus Is Sought on Religion in Schools,” March 12, 2007.)

And, in this case, even one of the appeals court judges who concurred in the result warned school officials about the implications.

“The taking of such unnecessary measures by school administrators,” Judge Milan D. Smith Jr. said in a partial dissent, “will only foster the increasingly sterile and hypersensitive way in which students may express themselves in such fora, and hasten the retrogression of our young into a nation of Philistines, who have little or no understanding of our civic and cultural heritage.”

Ms. Nurre’s lawsuit alleged that the school officials’ decision violated the First Amendment’s free-speech clause and showed hostility toward religion in violation of the establishment clause.

But a federal district court held that her rights were not violated, and a three-judge panel of the 9th Circuit, which has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington, agreed.

The appeals court panel said it was not ruling that religious music could never be played in public schools. But because a graduation ceremony is considered obligatory for high school seniors, district officials acted reasonably in seeking to keep the musical selections secular.

A lawyer who has been involved with the case from the start said he would appeal the ruling to the Supreme Court.

A version of this article appeared in the September 16, 2009 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Inside PLCs: Proven Strategies from K-12 Leaders
Join an expert panel to explore strategies for building collaborative PLCs, overcoming common challenges, and using data effectively.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Science Webinar
Making Science Stick: The Engaging Power of Hands-On Learning
How can you make science class the highlight of your students’ day while
achieving learning outcomes? Find out in this session.
Content provided by LEGO Education
Teaching Profession Key Insights to Elevate and Inspire Today’s Teachers
Join this free half day virtual event to energize your teaching and cultivate a positive learning experience for students.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts What Trump’s Trans Athlete Ban Means for Schools and States
Some athletic groups responded quickly to the executive order on transgender participation in athletics, while lawsuits are expected.
6 min read
President Donald Trump introduces guests as he speaks before signing an executive order barring transgender female athletes from competing in women's or girls' sporting events, in the East Room of the White House, Wednesday, Feb. 5, 2025, in Washington.
President Donald Trump introduces guests as he speaks before signing an executive order barring transgender female athletes from competing in women's or girls' sporting events, in the East Room of the White House, Wednesday, Feb. 5, 2025, in Washington.
Evan Vucci/AP
Law & Courts Are Religious Charter Schools Legal? The Supreme Court Will Decide Soon
The court's ruling could fundamentally alter the line between church and state in education.
5 min read
The Supreme Court in Washington, June 30, 2024.
The U.S. Supreme Court has granted review in a potentially landmark case about whether a state may, or even must, include a religious school in its public charter school funding program.
Susan Walsh/AP
Law & Courts Legal Fights Highlight Clashes Over Transgender Students’ Pronouns in Schools
A federal court weighs the case of a teacher who refused to use students' chosen names and pronouns, as similar questions arise elsewhere.
9 min read
John Kluge, a former Indiana teacher, pictured in an undated photo.
John M. Kluge is an Indiana teacher who was dismissed for refusing to use transgender students' chosen names and pronouns.
Courtesy of Alliance Defending Freedom
Law & Courts Can Parents Opt Kids Out of Reading LGBTQ+ Books? The Supreme Court Will Decide
The U.S. Supreme Court will take up a school district's policy of refusing to let parents opt out their children from LGBTQ+ storybooks.
3 min read
The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
A view of the Supreme Court in the afternoon on April 19, 2023, in Washington.
Jacquelyn Martin/AP