Guardian Angel Store - Legal Fights Over Christmas Carols

In an interactive poll contained on Philly.com, as of 3 Dec 09, 924 respondents indicated they believed Christmas carols should be allowed in public schools, while 150 said no. According to the 25 Nov 09 article the poll accompanied, the federal appeals court in Philadelphia agreed with the 150. The article related, “In their ruling, three judges of the Third Circuit Court of Appeals noted that such songs were once common in public schools, but that times have changed.”

The article related that the court stated, “Since then, the governing principles have been examined and defined with more particularity. 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.”

On 25 Nov 09, NewJersey.com posted an Associated Press article which stated, “The three-judge panel on Tuesday said constitutional principles require public schools to remain strictly secular environments.” The article continued, “The court said public school administrations can determine which songs are appropriate according to constitutional guidelines to create a secular 'inclusive environment.'”

A 26 Nov 09 FOX News Radio report commented, “Santa Claus and Rudolph are more than welcome but the baby wrapped in swaddling clothes is not.” The article went on to relate that as part of the school district's ban of religious-themed Christmas carols the high school gospel choir was prohibited from performing at a school assembly and the district would not allow a school brass ensemble to perform instrumental versions of religious holiday songs.

On the west coast though, a much different story was is in progress. A California substitute teacher is working to prevent the ban of Christmas carols in schools. A WorldNetDaily report, posted 3 Nov 09, related that Merry Susan Hyatt and her brother David Joseph Hyatt, have initiated a petition that will allow children public schools to hear or perform Christmas music during the holiday season. Relating her feelings about a Christmas celebration at a school where she worked, Hyatt said, “We were having Christmas without Jesus.”

The 29 Aug 09 petition states, “Listening to, or performing, Christmas music during the holiday season is a longstanding American tradition and a significant element of our cultural heritage as Americans.” The petition continues, “The parents and guardians of public school children should have the right to decide whether or not their children may hear Christmas music in the classrooms and assemblies at those schools.”

The measure, however, contains provisions for parents to be notified with written notice prior to the intent for an event to include Christmas music. The measure specifies that the notice be given 21 days prior to the event to give parents the option to exclude their child from the Christmas activities. It is somewhat ironic that songs of Christmas would be treated in the same fashion in schools as sex education.

Cited Articles and Posts:

Philly.com (25 Nov 09)
http://www.philly.com/philly/news/breaking/20091125_Appeals_Court__School_district_can_ban_Christmas_carols.html

NorthJersey.com (25 Nov 09)
http://www.northjersey.com/news/crime_courts/court_rulings/112509_NJ_schools_ban_on_religious_songs_upheld.html

Fox News Radio (26 Nov 09)
http://www.foxnewsradio.com/2009/11/26/judges-ban-christmas-carols/#axzz0YgedJZZz

WorldNetDaily
http://www.wnd.com/index.php?pageId=114934

Freedom to Present Christmas Music in Public School Classrooms or Assemblies (28 Aug 09)
http://ag.ca.gov/cms_attachments/initiatives/pdfs/i827_initiative_09-0030.pdf