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Calif. school district: choirs can't perform at best acoustic venues if they're churches

Alliance Defending Freedom legal letter explains church auditoriums are constitutionally sound locations

Thursday, Oct 24, 2013

Attorney sound bites:  Jeremy Tedesco  |  Matt Sharp

GILROY, Calif. — Alliance Defending Freedom sent a California school district a letter Tuesday after its superintendent barred school choirs from performing at venues with superior acoustics merely because they are churches.

“Exceptional musicians deserve to perform at facilities with superior acoustics, regardless of whether the venue is religious,” said Senior Legal Counsel Jeremy Tedesco. “Gilroy Unified School District is wrong to end its longstanding tradition of allowing choir groups to perform in acoustically superior churches, hurting both the musicians and the local community. The choirs are not performing in the churches for any religious reason.”

The Alliance Defending Freedom letter explains that the superintendent’s action is legally unnecessary because “GUSD’s acoustic-excellence criterion is the epitome of neutrality. It does not favor religious or secular venues. Rather, it favors venues with excellent acoustics, regardless of their religious or secular character.”

The letter also explains that, by jettisoning GUSD’s constitutionally sound “acoustic excellence” criterion for selecting choir venues, the superintendent is exhibiting an unconstitutional hostility toward religion.

“A handful of misguided complaints and one official’s misunderstanding of First Amendment law should not be allowed to harm this acclaimed choral program and deprive its 200 members of the best possible acoustical venues for their performances,” added Legal Counsel Matt Sharp. “We hope that the GUSD Board of Education will immediately reinstate its policy and allow choral program directors to select the best performance venues based on the acoustic excellence standards it has adhered to for years.”
 
  • Pronunciation guide: Tedesco (Tuh-DESS’-ko)

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
 
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Video produced by The Gilroy Dispatch: Gilroy and Christopher High choirs

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.