Under intense community pressure, a Florida school district reversed a policy that prevented a high school gospel choir from singing in churches.
The controversial policy came to light in September when the Seminole County School District barred the Seminole High School choir from singing at a Sept. 11 community memorial service because of its religious venue, Central Baptist Church in Sanford, Fla.
The story of a black gospel choir not allowed to sing in a church, first reported by WND, created a local uproar that drew the attention of international news outlets such as the BBC. The choir found out on the day of the 9-11 event that Superintendent Paul Hagerty would not allow them to sing. Hagerty based his decision on a legal opinion he commissioned which concluded that, according to the First Amendment, a state-created entity such as a school district may not engage in activity that has the primary effect of advancing religion.
At last Tuesday’s board meeting, Hagerty submitted a proposed solution to the issue that opponents say would have “gutted” the choir. But vigorous testimony in support of the singers prompted three board members to request a special meeting with the superintendent. The much-loved choir has won numerous awards and is a favorite at venues such as nearby Walt Disney World.
Hagerty’s proposed guidelines would have created a separate, after-school club that would be allowed to perform at religious events as long as it did not represent the school or district.
But yesterday, after meetings between Hagerty and the board, the superintendent issued a letter that maintains the choir’s status and addresses the religious issue by allowing students to opt out of any events at churches.
Role of religion
The school district’s legal counsel, Ned Julian, defended Hagerty’s decision in September, referring to the legal brief’s First Amendment concerns regarding the choir. But Julian told WorldNetDaily yesterday he was not disappointed with the new guidelines.
“Within this particular community, and with this particular problem, this may well be a very acceptable solution, and we go on, and it may never surface again,” he said.
The choir’s chief legal defender, nevertheless, believes the superintendent made a “big compromise.” Mathew Staver, president of the nonprofit Liberty Counsel, noted he had suggested a solution similar to Hagerty’s ultimate decision, in lieu of a lawsuit from his group.
“We had always told them that all they had to do was provide an ‘opt out,'” Staver told WND. “Plus, no one has ever requested to opt out. They’re in the gospel choir so they can sing gospel music. So, they’re not going to opt out whenever they get an opportunity to sing gospel music at a religious event.”
Staver believes the result of this First Amendment battle has broader implications for public schools around the country wrestling with the role of religion.
“I think this decision sends a clear message, that not only can they sing religious songs, they can even have a religious choir in school,” he said. “And this religious choir can also go out into the community venues to perform, even at religious events.”
But Julian insists that the decision was based largely on cultural rather than religious grounds, since gospel music can be seen as an art form that inspired many modern forms of music.
“I think the superintendent recognized that this is part of the rich, cultural heritage of [the black] community,” he said. “I don’t think he viewed it as a religious thing.”
Staver maintains, however, that the district’s handling of the gospel choir betrays an underlying antagonism toward religion.
“It’s a symptom of the school district,” he said. “They chose to manifest that symptom on the wrong day, 9-11. Then they tried to follow up with banning the choir from singing at any religious event.”
Extra-curricular groups such as the Fellowship of Christian Athletes and the Good News Club, a group that teaches Christian moral character at elementary schools, have been allowed on Seminole district campuses but not given the same privileges as secular groups, Staver claims.
In an 11-page letter sent to Julian on Sept. 16, Staver outlined what he viewed as specific breaches of the Equal Access Act, the First Amendment and interpretations of law brought by cases such as the 2001 Supreme Court decision, Good News Club v. Milford Central School District.
Staver uses the Good News Club case also to argue for allowing the gospel choir to sing at a religious event. The high court ruled that if a public school allows a group such as a chess club to meet for its extra-curricular programs, it also must allow religious groups.
“If you can have a religious event on a public school campus, you can certainly have a religious event off a public school campus,” Staver concludes.
In an interview with WND in September, Julian backed the district’s decision to bar the choir from religious events by referring to the June 8, 2001, legal opinion drafted at Hagerty’s request by a Washington, D.C., firm, Hogan and Hartson.
The memo, addressing “constitutional parameters of gospel choirs,” advised that “a public school gospel choir should not perform at churches.” It cited cases such as the 1971 Supreme Court decision, Lemon vs. Kurtzman, to assert that schools cannot engage in activity that has the primary effect of advancing religion.
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