ACLU backs student's right to sing Christian song

June 6, 2006

FRENCHTOWN, N.J. (RNS) The American Civil Liberties Union filed a legal brief Monday (June 5) supporting an elementary school student's right to express her religion by singing a pop Christian song at a school talent show.

Maryann and Robert Turton sued the district last year after the school struck the act from its performance list. School officials said the Turtons' daughter, Olivia, then in second grade, could not sing the song "Awesome God" at the evening talent show because it was too religious for a school setting.

After the suit was filed in federal court in Trenton, the ACLU asked to intervene in the case.

School officials banned Olivia from singing the song, arguing its content was unsuitable for the school-run talent show held in May 2005. Concerned about crossing the line separating church from state, they said the performance might lead the audience to believe the school endorsed Olivia's religion.

Olivia did perform, but sang a song from "Annie" along with a group of friends.

A hearing in the case has been tentatively set for July 3 before U.S. District Judge Stanley Chesler.

Demetrios Stratis, attorney for the Turton family, said he hopes for a summary judgment, in which the judge would decide the case on the basis of oral arguments rather than proceeding to trial.

Catherine Lent, president of the Frenchtown Board of Education, last year said the school does not want to be viewed as being against religion.

"We're not anti-Christian; I went to a Christian college," Lent said. "We're just anti-this song."

In court documents filed last week, the school board said the song was not appropriate for several reasons, including "violent imagery," and cited lyrics that read, "There is thunder in his footsteps and lightning in his fists" and "It wasn't for no reason that He shed his blood."

-- Bev McCarron and Joe Tyrrell