Posted on 08/09/2008 4:10:36 PM PDT by tpanther
ANN ARBOR, MI — Today, July 31st at 10:00AM EST, a New Jersey Federal Court heard oral arguments in a legal challenge to a public school district’s policy totally banning Christmas music, including simple instrumentals without words, during year-end celebrations in its schools.
The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan filed the federal lawsuit on the grounds that the school district’s ban on religious music conveys a government-sponsored message of disapproval and hostility toward religion in violation of the Establishment Clause.
Richard Thompson, President and Chief Counsel of the Law Center, commented, “The New Jersey school district’s anti-religious policy is yet another example of the militant hostility that many public schools have towards Christians and Christmas.”
Robert Muise, the Thomas More Law Center attorney who will argue the case commented, “The Constitution prohibits school districts from adopting policies that disfavor religion. Contrary to popular myth, our Constitution does not require complete separation of church and state; it affirmatively mandates accommodation, not merely tolerance of all religions, and forbids hostility toward any. The school district’s policy is plainly unconstitutional.
The case was filed by the Law Center and the American Catholic Lawyers Association, on behalf of Michael Stratechuk, who sued on his own and on behalf of his two school-age children on the grounds that the policy deprives the Stratechuk children of the right to receive information and ideas, an inherent corollary of their First Amendment rights to freedom of speech and academic freedom.
On September 30, 2005, the district court dismissed the Law Center’s complaint, claiming that the Law Center failed to state a claim under the United States Constitution. The Law Center appealed the ruling to the U.S. Court of Appeals for the Third Circuit and the Circuit Court reversed the district court, vacating the lower court’s decision and remanding the case for further proceedings.
In its opinion, the Third Circuit held that “[b]ecause a categorical ban on exclusively religious music, enacted with the express purpose of sending a message of disapproval of religion, appears to state a claim under the First Amendment . . . , we conclude that the complaint . . . survive[s the] motion to dismiss.” The Third Circuit also awarded the Law Center its costs for having to bring the appeal.
The New Jersey School District policy at issue in this case was previously featured in a book, The War On Christmas, by Fox News anchor, John Gibson.
The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.
I really miss America. It was a wonderful country while it lasted.
Get your kids out of public school.
You may have to look around for the right place, grandma and grandpa may have to help, but get your kids out of public school. Why ever would anyone let their kids be educated by people who hold them in contempt?
HEY! NJ is a definite step up from either NY or Philly.
You got that right! Getting ready for the upcoming holidays at school were some of my favorite memories. I guess this is what "diversity" does to a country.
Legally I think they have a strong case. By pre-emptively banning Christmas music, they are clearly showing a hostility to religion, rather than being neutral or “hands off” with regard to religion.
I should say that legally they have a strong case as long as liberal judges aren’t the ones ruling on it. Liberal judges will uphold the ban, I’m sure.
This case reminds us that it matters who is president with regard to who appoints federal judges. Even if you don’t agree on down the line with a president or candidate’s policy stands on various issues, the judges he appoints may well have a more lasting impact than whatever policies he pursues while president.
How can you have Christmas music when you have to have call to prayer blaring over the loud speakers 5 times a day?
Thomas More liked Christmas music.
Vouchers, folks. Oh, one exception. None for the muzzies. PERIOD!
(The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan filed the federal lawsuit on the grounds that the school district’s ban on religious music conveys a government-sponsored message of disapproval and hostility toward religion in violation of the Establishment Clause. )
Seems pretty cut and dry to me. But then most laywers / Judges are liberal anti- American so it is essential that they work to destroy what this Nation was founded on.
We not only have a Winter Concert (they play Hanuka and Christmas songs) but we also have a Sing-A-Long the day we break for Christmas.
The kids sing the regular secular songs (Frosty, Rudolf, etc) but we also sing Silent Night, Away In A Manger, The First Noel.
We all have a wonderful time
I guess this is what “diversity” does to a country.
No this is what liberals do to this country, and you know what? we let it happen, we sit by sit back and say and do nothing. We allow them to do as they please with no resistance.We have republicans falling over each other to be the better bipartisan and hope that a liberal will like them and the American people will see how hard they are working along side these criminals of America, the liberals make demand after demand and we say “yes sir,may I have another” Shame on us all, we are just as resposible.
it’s the same with patriotic music, such as john philip sousa.
i miss the music.
Gee, look what I found.
It never seems to end, does it? :::::shakes head::::::
Northwest Jersey is still clean, beautiful ... and Republican.
We conservatives in Morris, Sussex and Warren Counties didn't vote for Corzine. Unfortunately, we're outnumbered by all the dead people (and illegals) who vote Dem in Newark and Camden.
(And btw, we have descendants of vikings here in North Jersey too. If you're ever on Interstate 80 in Jersey, take a short detour to Lake Telemark or Budd Lake and meet a few.)
The town in question is Maplewood, which is in Essex County in northeast Jersey. Maplewood residents are mostly a mix of upper-middle-class elitists and urban lower-middle-class. Looks like the principal of this school represents the typical elitist mindset.
The plaintiff, Michael Stratechuk, who's an orchestra conductor is apparently one of the rare members of the elite class who has any sense.
Another reason in favor of home schooling.
Why does every decision have to be imposed by a court, since when is a school board unfit to make their own policy that suits the citizens of the district who elect them?
Why do Republicans - Conservatives - Freepers send their children to schools that are controlled by the atheist - communist - Federal Judges appointed by liberals?
Now, now, don’t be hostile to any religions!
HEY! NJ is a definite step up from either NY or Philly.
_____________________________________________
I found Newark a very exciting place. Too exciting. I didn’t know if I would make it out alive.
Thank you God that I live and teach in the Ozarks.
“Get your kids out of public school.”
Can I also pull the portion of my property taxes that pay for the school?
Because godless liberals hijacked the courts to subvert the American people.
Also, the people may elect board members, but all too often the people are not represented, and certainly not by the entire socialist school system/NEA; hijacked just as the drive-by media, hollyweird, and much of the judicial system have been hijacked by godless libs.
Thankfully, TMLC and the ACLJ (the anti-ACLU) are fighting back!
btw...here’s another example: http://www.freerepublic.com/focus/f-news/2059239/posts
EQAndyBuzz wrote: Can I also pull the portion of my property taxes that pay for the school?
No. There's a toxic, filthy pond in your community. You can't drain it or purify it. But you can take your kids out of the filthy pond rather than let them swim in, play in, and drink from it. You don't leave them there because you can't clean the pond.
Yeah, those horrible Christmas songs like Rudolph the Red Nosed Reindeer and Frosty the Snowman really persecute non-Christians.
Exactly and while it may be a crap shoot with McCain, WE KNOW it would be an unmitigated disaster with the Messiah, because he’s both extreme left AND as dumb as a bag of hammers!
Now all they can do is play Philip Glass at the Christmas shows.
Same for me hee in north central Georgia.
And lately Georgia has been trending sane!
There’s hope!
Problem is the gov. would probably call out the state guard and force the kids to stay in school at gun point.
Winter Concert
^^^^^^^^^^^^^^^^^^^
Winter Concert?
When I was a kid they called it **Christmas** concert.
The more we rely on courts to make all of our decisions for us the less we the people will be able to influence our government, We will be ruled by lawyers. I am applying to law schools partly because I think this method of running government is the biggest threat to our long term future. In court there is no need to consider long term ramifications, arguments tend to focus on minute details and the meaning of words instead of anything related to justice or right and wrong.
Hey at least we still play, and sing Christmas songs.
Religious as well as secular.
Simply no longer true.
And you’re preaching to the choir.
In a sad sense we already ARE ruled by lawyers with our litigious society.
Spill hot coffee on yourself? No problem just sue McDonald’s for millions!
Hate God? Simple, make sure not only YOUR kid doesn’t say under God in the pledge, but ensure NO kid says it. (Not so your kid doesn’t have to hear, it and never mind the freedom of others...just so long as YOU’RE happy Michael Newdow...another disgusting liberal lawyer who has ZERO place in our society and none in our legal system either! He would fit in soooooo much better in Castro’s godless Cuba, or Pooty poot’s Russia for instance.)
Liberals will hijack us with activist judges and lawyers to make laws rather you acknowledge that or not. NOT responding to it is a sure fire way to less freedom!
TMLC and ACLJ are responses to this mentality not a tactic of it.
Giving up and not fighting back legally is much like ceding the election to ObamaNation to pick the next 1 or more supreme court justices while we sit on our hands and wonder what happened.
I hope if you ever do become a lawyer and get into this particular field you’ll find some way to prevent liberals...like the lunatic mayor in Gainesville from subverting common decency and common sense with bizarre laws and rules for the minority (deranged) 1%!
Good luck, you’ll need it in sooooo many ways!
I still remember Christmas school plays In Horace Mann School.
In the town of North Bergen in NJ.
So innocent, so sweet n fun. And guess wgat we never insulted anyone. This is very sad.
Bingo! Courts do focus in on minute details and ignore the fundamental problem with compulsory, police threat attendance, police threat funded, monopolistic , atheistic, Secular Humanist government schools!
Government schools are fundamentally and utterly incompatible with the First Amendment and freedom of conscience! That is at the root of all these conflicts over government school curriculum and policies.
1) No child should be forbidden the right to sing or perform Christian music. It is a violation of his right to free exercise of religion and free speech.
BUT....No child should be forced to listen to it. That is a violation of the establishment of religion.
2) No taxpayer should be forced to support atheistic, Secular Humanist government schools that actively and deliberately undermine his religious worldview. That is a violation of the establishment of religion clause of the First Amendment.
But.... Neither should taxpayers be forced to support schools that force Christian music on an unwilling student. That too is a violation of the establishment clause.
There is **NO POSSIBLE WAY** for any government school to simultaneously respect the First Amendment Rights of all the students and all the taxpayers.
Government schools can **not** be religiously neutral. They violate First Amendment Rights every minute of every school day and they are a freedom of conscience abomination.
As you say, the courts will focus on the minutia not on the fundamental root of the problem.
Already happens regularly! All across this country!
One kid wanted to thank Jesus for making it through the hell of 12 years of liberal onslaught and the principal threatened him with arrest!
There are oodles of these examples, some you’re familiar with and some not:
Perhaps you remember L.A. sued to remove a cross from the city’s logo...?
How about Las Cruces, N.M. threatened by the ACLU to change it’s logo too...just NEVERMIND las cruces MEANS ‘the crosses’, has been that way for hundreds of years for God’s sakes! If they win, the name itself will no doubt be next!
Here in our county the Georgia ACLU threatened legal action if the board didn’t remove the offensive word “Christmas” from the school calendar...A FEDERAL HOLIDAY mind you!
Predicably the cowards folded like a tent to these moonbats with no parents notified...I myself found out on O’Reilly one night of all places!
THANK GOD for these people TMLC....ACLJ...we’re fighting back....and last I heard it’s going to court.
Sooner or later the Supreme Court will have to put an end to this hostility towards Christianity in this country once and for all...and needless to say we’ll all suffer if ObamaNation of Islam is allowed to ruin us!
http://www.renewamerica.us/columns/bates/051213
http://www.catholicleague.org/catalyst.php?year=2007&month=January-February&read=2180
http://www.catholicleague.org/catalyst.php?year=2003&month=January-February&read=1518
http://www.foxnews.com/story/0,2933,41318,00.html
Worth reading...and dozens upon dozens of instances.
It’s all about Christians fighting desperately to hold onto what traditions we already have and have had in place since this nation was created and godless liberals attacking normal people, the vast majority via the ACLU and many others, relentlessly.
Period.
Any time Congress desires and the people are willing to support it the Courts can be reined in, Article III Section 2 off the US Constitution allows Congress to set exceptions to court jurisdiction and impose the regulations that the courts operate under.
You’re kidding right?
The people desire we drill for oil.
The liberal congress instead went on vacation. Currently, the Republicans are now even inviting average citizens to sit in vacant hypocrat seats to discuss energy.
In the end, it remains to be seen if this will be just another political stunt, or we actually get something done.
Personally, I’m not holding my breath.
But this is just one example of “congressional desire”. Most of them could care less abut the people, they’re concerned with hanging onto power, while others are interested in that AND vacation.
As far as the people being willing...
I invite you to read as much as you’re willing:
http://hccitizen.blogspot.com/2006/11/bastions-of-political-correctness.html
http://www.renewamerica.us/columns/bates/051213
http://www.foxnews.com/story/0,2933,41318,00.html
I especially like this article...it goiers into some data and hard facts about the will of the people!
http://protestantism.suite101.com/article.cfm/defending_christmas
btw...in that last article, (see below) people DO support Christmas, so why then are the ACLU lawyers allowed to attack Christianity under the mistaken assumption there’s some wall of separation of church and state, allowing them to do so?
The answer is this is beginning, beginning to be reigned in, because the people ARE finally beginning to understand they DO have rights thanks to the likes of the ACLJ and TMLC who DO understand the law and our constitution!
The average person doesn’t even understand how to fight lawyers legally, but LAWYERS in the ACLJ and TMLC DO!
While the United States is officially and culturally committed to religious freedom, the overwhelming majority of the American people respect Christmas as it has traditionally been understood and observed. Here are some facts to prove this:
According to the well-known polling firm Zogby, 95% of Americans are NOT offended when they hear “Merry Christmas” and over half are “bothered” by the greeting “Happy Holidays.”
A FOXNEWS poll in 2005 suggests that 95% of Americans celebrate Christmas - that’s “Christmas” specifically as in the holiday on December 25
Another FOXNEWS poll that same year said that 83% of respondents believed nativity scenes were appropriate for public property
A 2004 Newsweek poll revealed that 79% of Americans believe in the virgin birth of Jesus Christ as depicted in the Bible
Ninety percent of respondents to a 2000 Gallup poll affirmed the birth of Jesus Christ as the purpose of Christmas
The people of the United States of America overwhelmingly respect Christian beliefs and traditions - and that extends obviously to Christmas.
Why then must this overwhelming majority shove Christmas into the closet?
Why have we allowed such a small (5 to 10 percent of Americans at best - if recent polls are to be believed) - but vocal minority to convince so many of us that Christmas should only be celebrated in homes and churches?
Why have we bought the idea that Christmas is not appropriate to celebrate in businesses, retail establishments, or the public square?
Are there some parts of the country - particularly rural parts of the country or areas along the “Bible Belt” or through the Midwest - that haven’t yet experienced this “War on Christmas”? Of course, there are. Is Christmas in any real danger of being expunged from the federal law books? Of course not. Is there a war on Christmas in terms of people calling on the authorities to raid people’s homes to steal presents and Christmas trees? Of course not. The word “war,” in fact, may be overstating what is happening with Christmas.
But make no mistake. There is a campaign (whether it be by concert or by coincidental effect is a matter for some debate) on the part of several individuals and groups to push Christmas off Main Street and out of the public square. A few specific examples out of MANY such instances:
The city of Chicago asked the organizers of their annual Christmas festival to disallow the makers of The Nativity Story (a movie about...well...Christmas) from sponsoring the festival (and thus promoting their film)
Barnes & Noble has reportedly told its employees not to say “Merry Christmas” and barred any Christmas trees at its retail store locations
Best Buy has decided against allowing its employees to say “Merry Christmas,” for fear of offending that 5-10% portion of the American public
Lowes has likewise discouraged employees from saying “Merry Christmas”
K-Mart is selling “Holiday Trees” and “Holiday Wreaths” - no mention of Christmas
A Westfield, MA high school Bible study club was barred by school officials from handing out candy canes with a note attached about the Christian origins of the candy cane.
A Plano, Texas school has told students not to wear red and green colors this holiday season as those colors are traditionally associated with Christmas
In 2004, the Kensington, Maryland Town Council eliminated Santa Claus from their annual tree lighting ceremony. Why? Because two families in the town were uncomfortable with Santa Claus - he being a Christmas symbol and all
In 2004, a New Jersey school district banned any Christmas music from its “winter concert,” including instrumental songs that might have originally had Christmas-oriented lyrics
In 2000, the Newton County (Georgia) School Board was coerced (under threat of a lawsuit) by the American Civil Liberties Union (ACLU) to drop plans to reinsert the name “Christmas” into the annual school calendar.
The above examples barely scratch the surface. There are hundreds of such cases. Christmas is taboo in virtually every public school, most public buildings, and many businesses and retail establishments. Why? Not because of the majority, but because of a vocal minority that claims to be offended or uncomfortable at any celebration of or even an acknowledgment of Christmas.
This author will grant that it’s unethical and socially wrong to deliberately provoke and offend someone who is of a different faith. But this does not mean - nor should it mean - that we have to censor out any public, visible displays of Christmas for the comfort of the few who might be offended.
The First Amendment guarantees the free exercise of religion. It does NOT - and read this carefully - it does NOT guarantee one the right to NOT be offended. It does NOT guarantee the right of one to be free of any social discomfort.
It is shameful and indefensible that we have caved and allowed Christmas to be rolled back. It’s time that we stand up and be counted. The vast majority of Americans have no problem with Christmas. Those that do should frankly just get over it. No one is forcing them to put up Christmas decorations in their home or on their property. No one is forcing them to sing Christmas songs or anything of the sort - and certainly no one should. But if they have to hear some Christmas songs, see some Christmas decorations, or be present at a function in which others (perhaps most) in attendance are openly celebrating Christmas - well, then, so be it.
Merry Christmas everyone.
I’m sorry you and your family have to go through it and sane Americans everywhere owe you a debt of gratitude for fighting liberal lunatics.
Have either the TMLC, and/or the ACLJ been able to offer assistance? I think it’s important for them and church or other sane people be both aware and supportive of what’s going on.
It might even be worth a letter to Bill O’Reilly, that’s how I found out the slimey creatures undermined the will of the people here in Newton County Georgia.
It still amazes me, they threaten to sue and Christmas is a FEDERAL HOLIDAY!
If we don’t fight back it’s a matter of time before these openly hostile lunatics to both religion and America, will be terrorizing us with renaming “Independence Day”! It’s painfully obvious that it just doesn’t matter if it’s a FED. holiday or not!
Anyway, thanks for standing up against godless liberal loons!
If you don’t like to refer to it as winter concert, then DON’T!
I MAKE IT A POINT to say Merry Christmas, Christmas break...etc., and encourage all to do the same now.
Mind you, there’s nothing WRONG with happy holidays, winter concert, but we shouldn’t be FORCED out of fear to not say Christmas or Jesus in public!
I seriously don’t know why Americans put up with this PC madness!
As pointed out in your tagline, we’re a free country (still) and virtually 90+% of Americans CELEBRATE Christmas, we simply don’t need to allow ourselves to be held hostage by lunatics...
not by confused men who think they’re women demanding to use the same restrooms as our wives/daughters, etc.
and not god-hating lunatic liberal loons either!
If someone starts threatening to sue, tell them you know your rights and it’s a FEDERAL HOLIDAY and threaten THEM with a lawsuit for religious persecution!
Mention TMLC and the ACLJ and explain the anti-Christian and anti-American ACLU (the anti-Christian liberal unhinged) is losing their stranglehold on America now!
Explain that people are tired of political correctness! It didn’t work!
For the most part I know what holiday they celebrate and use the appropiate term for whatever they observe.
Assuming that we do start handing out vouchers for education, how would it be legal to exclude groups based on religion or ethnic background?
Same here. and if I’m in doubt I say Merry Christmas, and lo and behold no one has been offended!
that’s just it, it shouldn’t even BE a question of legal or iilegal when it comes to preserving American culture.
Frankly, if a culture that condones honor killings, forces women to cover their face and so on, wants to preserve that, let them preserve it in their homeland!
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