On The Front Lines
High School Senior Prevented from Singing 'The Prayer' at Graduation Encourages Other Students to Continue Fight for Religious Expression
NORFOLK, Va. -- After careful consideration, Anna Ashby, a senior high school student whose graduation song was censored by school officials because of its religious content, has determined not to appeal her case after a federal judge dismissed the lawsuit filed on her behalf by attorneys for The Rutherford Institute. "I never imagined that preparations for my public high school graduation would turn into a full-fledged lawsuit but, as so many other disregarded students haven't, I had to stand up for what I believe is right," stated Anna Ashby. "This battle has been about religious rights for students from the start. If it were about time constraints, we would have backed out long before this. I hope that other students will be encouraged to stand up for their beliefs as well. And I thank The Rutherford Institute and its attorneys from the bottom of my heart for all of their hard work and dedication.""Judge Jackson recognized that this might have been another case altogether had the school board been sued for not allowing a student to sing a religious song where the school had a 'hands-off' policy towards student speakers," stated John W. Whitehead, president of The Rutherford Institute. "The Rutherford Institute intends to carefully review these policies and will continue to stand in defense of students' rights."
The case began in April 2003 when, in response to the senior class sponsor's invitation, Anna Ashby, a senior at Windsor High School in Windsor, Va., volunteered along with another student to sing a song at the school's graduation exercises. After a teacher, who was acting as the senior class adviser, informed Ashby and her fellow classmate that they would be permitted to sing, the teacher requested a copy of the lyrics of the song they intended to sing. Ashby provided the class adviser with the lyrics to the song, "The Prayer," recorded by popular vocal artist Celine Dion. The song, framed in terms of a nonsectarian prayer, asks God to "help us to be wise in times when we don't know," "when we lose our way lead us to the place, guide us with your grace to a place where we'll be safe," "that life be kind," and that "each soul will find another soul to love." After reviewing the lyrics of the song, Dr. Michael McPherson, superintendent of Isle of Wight County School District, instructed school officials to inform Ashby and her classmate that they would not be permitted to sing at the graduation ceremony. McPherson argued that allowing Ashby to perform the song would violate the school's policy on the separation of church and state. At a special board meeting held on June 12, 2003, board members for the Isle of Wight County School District defended their decision to prohibit the song based on the religious character of the song's lyrics. School officials then prohibited Ashby and her classmate from singing "The Prayer" or any other song at the graduation ceremony. In filing suit against the school district, Institute attorneys contended that the school's censorship of Ashby's performance violates her First and Fourteenth Amendment rights to free expression. They also asserted that by censoring the song's lyrics, the school violated clear guidelines issued by the U. S. Department of Education prohibiting censorship of a student graduation speaker's personal religious viewpoint. U.S. District Court Judge Raymond A. Jackson ruled in December 2004 that Windsor High School officials did not violate Anna Ashby's free speech rights, declaring that school officials had the right to control the content of the graduation ceremony. Rutherford Institute resources on religious expression at graduation ceremonies and assemblies are available online at www.rutherford.org.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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