NJ school district withdraws ban on religious Christmas carols
Alliance Defending Freedom issued letter explaining First Amendment freedoms
Attorney sound bites: Matt Sharp | Jeremy Tedesco
BORDENTOWN, N.J. — The Bordentown Regional School District has withdrawn its ban on religious Christmas carols in concert performances at the district’s elementary schools.Alliance Defending Freedom sent a letter to the district on Oct. 28 after administrators implemented the ban. The letter explained that the ban was both unnecessary and unconstitutional.
“Schools shouldn’t have to think twice about whether they can allow students to perform Christmas carols,” said Legal Counsel Matthew Sharp. “The school district has done the right thing in allowing religious Christmas carols to be part of its schools’ productions. As our letter explained, courts have unanimously upheld their inclusion in such productions--even when songs deal with Christian themes that are naturally a part of the holiday.”
On Friday, Superintendent of Schools Constance J. Bauer posted a notice to parents on the district’s website that states, “In reviewing additional legal considerations and advice on this matter and the expressed sentiments of the community at large, I have reconsidered the decision on the musical selection for the upcoming winter programs so that pieces with traditional and historical religious origins will be permitted. Concurrently, the Board will continue its review of the larger policy implications for the future.”
Previously, Bauer had publicly stated that “religious music should not be part of the elementary program(s).” She then banned any and all religious music in the December concerts that the district’s elementary schools normally hold.
“Misinformation about the First Amendment is frequently what leads to censorship of constitutionally permissible and culturally significant songs performed during Christmas concerts,” added Senior Legal Counsel Jeremy Tedesco. “We commend Superintendent Bauer for once again permitting religious music to be included among the many non-religious songs performed at school concerts.”
A December 2011 Rasmussen poll found that 79 percent of American adults believe public schools should celebrate religious holidays.
- Pronunciation guide: Tedesco (Tuh-DESS’-ko)
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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.