Atheists still not gleeful about Christmas
Alliance Defending Freedom letter defends glee club’s Christmas performance at Pa. School District
Attorney sound bites: David Cortman | Matt Sharp
“Schools should not have to think twice about whether they can allow students to sing Christmas carols in a Christmas production,” said Senior Counsel David Cortman. “The First Amendment protects the freedom of the school to allow the singing of carols--even ones that deal with Christian themes that are naturally a part of the holiday.”
The Freedom From Religion Foundation sent the Chambersburg Area School District a letter after the atheist group received a complaint from a community member in December. The CASHS Glee Club performed “The Song of Christmas,” which features excerpts of Christmas carols, other music selections, narration, and a Nativity.
The Alliance Defending Freedom letter explains that “students may hear and sing religious Christmas carols during school activities such as choir and Christmas programs without offending the Constitution.” The Supreme Court has ruled that “some government involvement with religion does not violate the Establishment Clause if it has a secular purpose and effect.”
The letter also notes that the U.S. Court of Appeals for the 8th Circuit has determined that “public performance may be a legitimate part of secular study.”
“Therefore,” the letter explains, “school officials may constitutionally present Christmas songs and carols that contain religious references when included with a variety of secular songs and carols.”
“A small group of Grinches should not be allowed to censor constitutionally-permissible and culturally-significant songs performed during a Christmas program,” said Legal Counsel Matt Sharp. “Americans should be allowed to communicate what Christmas is about during Christmas without fear of a lawsuit.”
A December 2010 Gallup poll found that 95 percent of Americans celebrate Christmas.
Alliance Defending Freedom is an alliance-building legal ministry that advocates for the right of people to freely live out their faith.
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ABOUT David Cortman
David A. Cortman serves as senior counsel and vice president of U.S. litigation with Alliance Defending Freedom. He has been practicing law since 1996, and currently supervises a team of over 40 attorneys and legal staff who specialize in constitutional law, focusing on religious freedom, sanctity of life, and marriage and family. Cortman has litigated hundreds of constitutional law cases including two victories at the U.S. Supreme Court. In Trinity Lutheran Church v. Comer, he secured a 7-2 victory that overturned Missouri’s denial of a religious school’s participation in a state funding program. Cortman also argued Reed v. Town of Gilbert, securing a 9-0 ruling that prohibits the government from discriminating against religious speech. A member of the bar in Georgia, Florida, Arizona, and the District of Columbia, he is also admitted to practice in over two dozen federal courts, including the U.S. Supreme Court. Cortman obtained his J.D. magna cum laude from Regent University School of Law.
ABOUT Matt Sharp
Matt Sharp serves as senior counsel with Alliance Defending Freedom, where he is the director of the Center for Public Policy. In this role, he leads ADF's team of policy experts as they craft legislation and advise government officials on policies that promote free speech, religious freedom, parental rights, and the sanctity of human life. Since joining ADF in 2010, Sharp has authored federal and state legislation, regularly provides testimony and legal analysis on how proposed legislation will impact constitutional freedoms, and advises governors, legislators, and state and national policy organizations on the importance of laws and policies that protect First Amendment rights. He has twice testified before the U.S. Congress on the importance of protecting free speech and religious liberty in federal law. Sharp also authored an amicus brief to the U.S. Supreme Court on behalf of nearly 9,000 students, parents, and community members asking the court to uphold students’ right to privacy against government intrusion. Sharp earned his J.D. in 2006 from the Vanderbilt University School of Law. A member of the bar in Georgia and Tennessee, he is also admitted to practice in several federal courts.