Christian song sparks lawsuit -- School district sued over anthem practiced at The Webster School

Christian song sparks lawsuit -- School district sued over anthem practiced at The Webster School

By CHAD SMITH
chad.smith@staugustine.com
Publication Date: 03/22/09


Parents of two elementary school students last week filed a lawsuit against the St. Johns County School District, saying their children's constitutional rights were violated when teachers required them to rehearse a song that declares "there's no doubt" the United States is a Christian nation.

The parents, identified only by initials to prevent revealing the identities of their children, alleged their kids and third-grade classmates at The Webster School were required to sing "In God We Still Trust" during rehearsals for an end-of-the-year assembly.

The song, released in 2005 by country band Diamond Rio, criticized those who advocate keeping government entities -- "from the schoolhouse to the courthouse" -- secular and claimed "there's no separation," referring to the political doctrine of separation of church and state set forth by the First Amendment.

With the lawsuit, filed Tuesday in U.S. District Court in Jacksonville, the plaintiffs seek to have the song preliminarily cut from the assembly program before the case can be heard. And if it is heard, they will be seeking a judgment declaring the School District violated the students' First and Fourteenth Amendment rights by having them "rehearse, memorize and perform a blatantly sectarian and proselytizing religious song."

The suit alleged the Webster School teachers in charge of the assembly -- Dawn Caronna and Debbie Moore, who along with the district and Principal George Leidigh were named as defendants -- told students March 11 if any of them objected to singing "In God We Still Trust," they wouldn't have to do so. But if they didn't wish to practice that song they would be excluded from the entire performance.

In a statement sent to The St. Augustine Record on Friday, the district reported it had removed the song from the program after one of the parents called to complain on March 11, the same day the pupils were told about the objection policy.

"It is never our intention to offend anyone, and, like any other complaint, we responded quickly and appropriately," the release quoted district Superintendent Joseph Joyner as saying. "This is obviously someone again using the school system (as well as taxpayers' money to defend the lawsuit) for their own personal agenda. Unfortunately, this is not unusual and distracts us from our mission."

Joyner did not return telephone messages left for further comment.

In a response to the parents' motion for a preliminary injunction, the defendants' attorneys wrote that their clients had already decided to drop the song. Even still, they wrote, "unlike school sponsored or endorsed prayer, school sponsored religious songs are not de facto violations of the First Amendment."

Gray Thomas, one of the parents' attorneys, declined to comment for this story, saying, "We'll let the suit speak for itself."

The American Civil Liberties Union of Florida took note of the lawsuit shortly after the papers were filed and praised the parents' "courage and willingness to fight for religious liberty."

In a statement, Benetta Standly, the director of the organization's northeast region, wrote, "Public schools shouldn't be teaching kids how to believe in God -- let's leave that to their families and clergy."



First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Fourteenth Amendment, Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


Lyrics

Lyrics to "In God We Still Trust," released in 2005 by country band Diamond Rio.

You place your hand on his Bible

When you swear to tell the truth

His name is on our greatest monuments

And all our money too

And when we pledge allegiance

There's no doubt where we stand

There's no separation

We're one nation under him

[Chorus]

In God we still trust

Here in America

He's the one we turn to

When the going gets rough

He is the source of all our strength

The one who watches over us

Here in America

In God we still trust

Now there are those among us

Who want to push him out

And erase his name from everything

This country's all about

From the schoolhouse to the courthouse

They're silencing his word

Now it's time for all believers

To make our voices heard

[Chorus repeated]


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