Logo
  • Home
  • Ask
  • Teen Help Network
  • About
    • About Judge Tom
    • Books
    • FAQs
    • Press Room
  • Your Rights
    • Crime and Punishment
    • Student Rights at School
    • You and Your Body
    • You and the Internet
    • Juvenile Justice System
    • LGBT Youth Rights
    • More Categories
  • Blog
  • Get Help
    • Videos
    • A Teenager’s Guide to Juvenile Court
    • Books
    • Research & Resources
  • Newsletter Signup

 

Q&A

Know your rights! Youth justice and juvenile law answers.

Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

Copyright, 2014
Logo
November 27, 2009
Judge Tom
Talk Back
0

No “Silent Night” at holiday concert

PreviousNext

 

If you are a student in the South Orange-Maplewood School District in New Jersey, you won’t hear religious selections such as Joy to the World, Hark, the Herald Angels Sing or Silent Night in this year’s holiday performances. The district does allow secular (non-religious) songs and music such as Frosty the Snowman and Rudolph the Red-nosed Reindeer.

Many schools across the country strive to comply with the Establishment Clause of the First Amendment. The month of December presents a unique challenge in balancing traditional Christian celebrations with the religions of non-Christian students. Consequently, lawsuits arguing both sides of the debate are filed.

Photo by Phil's World (Flickr)

In November, 2009, the Third Circuit Court of Appeals in Philadelphia ruled that the South Orange-Maplewood School District did not violate the First Amendment in limiting holiday music to secular music and song.* A parent challenged the policy arguing that it was hostile to religion and infringed on his child’s right to learn about religious music. The school does allow the teaching of religious music as part of the music curriculum.

This means that public schools are not required to permit religious holiday music, nor are they wrong if they restrict performances to secular numbers. What do you think? Should music selection be left to the school or should courts be involved? Is there a middle ground that parents and schools could agree on in fairness to all?

Update:  On October 4, 2010, the U.S. Supreme Court declined to hear the appeal leaving the lower court’s ruling in place.

*Stratechuk v. Board of Education, South Orange-Maplewood School District (2009).

Share this
Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

Find great resources in our

Teen Help Network


Leave A Comment Cancel reply