Supreme Court Declines To Hear Appeal Against Ban On Religious Music In Schools

Mark Walsh wrote in the Education Week (10/4) "School Law" blog, "On the first day of its new term, the US Supreme Court today declined without comment to hear the appeal of a parent who challenged a New Jersey school district's restrictions on religious music at holiday performances in its schools." The South Orange-Maplewood School District allows "secular holiday selections such as 'Winter Wonderland'...and 'Rudolph the Red-nosed Reindeer'" for its winter concerts, but "religious selections such as 'Joy to the World'...and 'Silent Night' are not allowed." Last November, the US Court of Appeals for the 3rd Circuit ruled "that the district's policy was not hostile to religion in violation of the First Amendment, nor did it violate the rights of student to receive information and ideas." Walsh noted that "the justices' refusal without comment to hear the parent's appeal is not a ruling on the merits of the case."