Posted On: November 29, 2009 by Brian Cook

Third Circuit Upholds School Ban on Religious Music

The Third Circuit Court of Appeals issued a ruling last week about whether a New Jersey school district, in order to enforce an existing policy of religious neutrality, can ban holiday religious music at school events.
Decorations with “religious significance” as well as student music programs with any hint of religious overtures were deemed to be in violation of the policy.
A parent objected to a recent program, based on the above-referenced policy, which forced the school district to examine the program and ultimately recommend that any holiday program music lean toward more secular based holiday favorites (without religious connotation) such as “Santa Claus is Coming to Town” or “Frosty the Snowman.”
Ultimately the issue ended up in front of the Third Circuit which concluded that school districts do not have to permit religious holiday music. In a written opinion the Court noted, “many decisions about how to best create an inclusive environment in public schools, such as those at issue here, are left to the sound discretion of the school authorities.”