School Choir Sings Religious Songs

So, I’ve got my first legal question to answer for WWJTD.

Question:

Our children, Chris and Meg, are participating in a choir at school. All the songs in their upcoming recital are religious songs. I want to complain and raise a huge stink, get the media involved, and sue, but my wife, Lois, urges caution; she does not want undue negative attention focused on the kids. The kids don’t really want me to say anything, either, but they complain daily about how stupid the songs are. The bottom line, though, is that all of us really, really object to the kids being required to sing religious songs in choir. What should we do?

Peter

Answer:

Yep, this could be bad.

The Freedom From Religion Foundation says this is the single most frequent complaint they hear. It seems that school choir directors often come from church choirs, and forget that they need to separate the two. The problem is especially troublesome around Christmas and Easter.

It’s time for Peter and Lois to have a talk with the choir teacher. There are some facts they need to find out before complaining. They shouldn’t mention an objection to religious music right off the bat, but find out why religious music has been chosen.

• Religious vs. educational value: If this choir is introducing the children to the giants of classical composition like Brahms and Handel, then remember that most of that music is religious, but has educational value as well. Unless the songs are being sung over and over for a recital, and only religious songs have been chosen, it is not unreasonable to expose music students to them. We want our children, especially those who are serious about music, to know music history. By necessity, that includes grand chorales with religious themes. It also includes music that is entirely secular. There should be a balance of the two.

• Is the concert or recital intended for a religious holiday?  The name of the recital or performance may be a dead giveaway here. Christmas carols, especially, have religious content, but there are other holiday songs that are entirely secular. There is no reason why some of those songs can’t also be included – and should be included, if for no other reason than to underscore that the reason for the season isn’t just Jesus. If the purpose of the concert is to highlight songs of different religious traditions, then consider that indoctrination might not be happening. Five choruses of “Jingle Bells” is much less worrisome than five choruses of “O Holy Night.” Now, if the “Dreidel Song” and the Kwanzaa Song” are included, as is “Up on the Rooftop,” there’s probably a good mix of traditions that takes the concert out of being just religious in nature. If not, it’s necessary to demand that the school do better about teaching all traditions.

• How old are the children singing? The ability of a second-grader to fight indoctrination and the ability of a high school senior to do so are completely different. Younger children tend not to complain on their own about the nature of music chosen, but older children who have been taught to stand up for their rights will get in the teacher’s face about things. Then again, shy older children who are terrified of drawing attention to themselves will stay silent. It’s more likely that an older child in choir will be singing music composed by the great classical masters, and therefore singing more religious-themed music for non-religious reasons.

• What is the music teacher’s agenda? Is he or she proselytizing? Making inappropriate comments about being “saved” or “accepting Jesus as your personal lord and savior”? Or is the teacher trying to be all things to all people, including some religious things because of the season but mostly focused on secular songs?

Now, once it is clearly established that the choir teacher is motivated by religion and not by education, or doesn’t care that children in his or her class come from backgrounds other than the teacher’s own religion, or is actively trying to indoctrinate and save little souls, it’s time to object.

My preferred approach is to object gently, at least at first. It may be that the teacher simply never imagined that there was any other worldview, that there might be local families who object to her religion. If the response is embarrassment and apology, Lois and Peter have gotten their message across without making huge waves. Meg and Chris don’t have to worry about embarrassment because the teacher, dismayed at her own lack of forethought, will scramble to change the song selections.

Save stronger objections for teachers who respond dismissively, or who tell Peter and Lois that the teacher, not the students, are in charge of music selection. Peter and Lois can let the teacher know that if she is not responsive to their concerns, the next step will be to involve the administration. If the teacher resentfully complies at this point, mission accomplished. Lois and Peter should be vigilant for complaints by Chris and Meg that the teacher has singled them out and is retaliating against them, though.

If Peter and Lois make this stronger objection and the teacher is adamantly (or passive-aggressively) unresponsive, or is completely dismissive of their concerns, Lois and Peter need meet with the principal. The principal may be unresponsive, too, and if that is the case, go to the superintendent. If none of this gets the mission accomplished, it’s time to write the school board, and attend a meeting.

Here’s where the “counselor at law” part of my attorney’s license kicks in.

Meg and Chris will be at the center of this controversy. Their friends will know about it. The cool kids who are not their friends will know about it. The uncool kids who think their stand is awesome will know about it and want to be friends with them. Other teachers will know about it. The parents of their friends and not-friends will know about it. Chris and Meg need to know that Lois and Peter will give them all the counseling and support they can muster.

Peter and Lois’s kids may hate them, but it is their responsibility as secularists and parents to make sure that Meg and Chris get the best possible education, and if that means taking on the Harper Valley PTA, so be it.

Meg will be fine – she’s got a good head on her shoulders and is confident. however, Lois is worried that Chris, who is already shy and uncertain of himself, might become even more introverted and isolated if they make a big stink. Taking on the entire school over this might cause a problem for him.

If that means finding a therapist for the kids to complain to, then Lois and Peter need to find such a therapist. In selecting a therapist, Peter and Lois should be certain that the therapist is atheist-friendly. If they don’t already know someone, hopefully they will be able to find a secular-friendly therapist at Recovering from Religion’s new Secular Therapist Project. If Lois and Peter live in my area, they’re in luck, because I just emailed four secular-friendly therapists I know, as well as one secular-friendly psychiatrist, and asked them to sign up. It’s a new organization and resource.

There are legal resources, too.

Atheist-friendly lawyers like me won’t have any trouble at all writing a letter to the school telling them that their music selection violates the establishment clause of the US Constitution and violates the separation of church and state. A letter may be all it takes. If it takes more, Lois and Peter may be concerned about how to pay for a lawsuit. If they win, as they should, their legal fees will be reimbursed by the school. That’s great if they can afford to pay the lawyer along the way, but what if they can’t?

The Freedom From Religion Foundation is awesome in their legal badassery. They take in these complaints and they contact violators and they get things done. If you aren’t already a member, join. It’s free. And then donatewhat you can to the legal fund. Lawyers aren’t free; we like to eat, have homes, and send our kids to college, even if we work for cool organizations like FFRF.

After you’ve gotten the “join” and the “donate” parts out of the way, it’s time to lodge a complaint. FFRF has an online form at http://ffrf.org/legal/report. Fill it out. Be prepared to answer follow-up questions.

Based on what I’ve seen, and I don’t work for them so don’t hold me to this, FFRF first sends a letter asking that the situation be remedied. It’s my understanding that FFRF can do this without identifying the child whose family is complaining. That’s what any lawyer would do, and essentially, getting FFRF involved is the same as getting a lawyer involved. If the parents report that nothing has changed, then suit is filed.

Lawyers can protect the identity of children who file lawsuits. Using names like “John Doe” or using initials are the customary ways. If the case proceeds to trial, though, the cat will be out of the bag. As parents, Lois and Peter need to be prepared for this. Chris and Meg should also be prepared for it, and willing to proceed.

I can’t stress enough how important a secular community is. A religious kid sticking up for her freedom of religion will have her church or mosque or temple behind her. If a situation has reached the point of litigation, there is no other way to resolve it, and everyone involved is emotional and determined.

A major weakness of the secular community is that we aren’t cohesive. It’s hard to have meetings of people based around what they don’t do. If Lois and Peter are the organizing types, now would be an excellent time to join or start a secularist club. Maybe they’re too caught up in the lawsuit, though. Their friend Cleveland can start the group, rally the secular troops, and let the community know that they won’t be intimidated. There are resources for this, too, like Meetup.com and even Facebook.

So, Lois and Peter, talk to that teacher. Take it all the way to court if necessary. You and your children have a right to be free from religion, and it’s up to you to make sure of that.

(This post originally appeared at http://www.patheos.com/blogs/wwjtd/2012/11/school-choir-sings-religious-songs/)

Last Updated on November 1, 2012 by Anne