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"(CN) - A Washington school district didn’t violate the constitutional rights of a high school student by barring her from playing an instrumental version of “Ave Maria” at graduation, the 9th Circuit ruled.
courthousenews.com/2009/09/08/Court_Upholds_Ban_on_Hymn_at_Graduation.htm
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Administrators for Everett School District No. 2 told Kathryn Nurre that she couldn't play the tune at the 2006 graduation ceremony for Henry M. Jackson High School, because it might be seen as an endorsement of religion.
The year before, the principal of a high school in the same district allowed students to sing "Up Above My Head" - a choir piece referring to God, heaven and angels - at graduation. The school district received several complaints about the religiously themed music, and the local newspaper printed indignant letters to the editor about the ceremony.
In light of those complaints, district officials rejected Nurre's proposed performance of "Ave Maria," which means "Hail Mary" in Latin, and told her to select another song. Nurre sued Dr. Carol Whitehead individually and as district superintendent, claiming the district's decision violated her rights under the First and 14th Amendments.
The three-judge appellate panel in Seattle voted 2-1 to uphold the lower court's dismissal of the case, finding no constitutional violations. "Here, the District was acting to avoid a repeat of the 2005 controversy by prohibiting any reference to religion at its graduation ceremonies," Judge Tallman wrote.
In a limited forum such as a school's graduation ceremony, the court said, administrators have valid reasons for screening religious music."