Monday, March 22, 2010
“Ave Maria,” Artistic or Religious?
Recently the Supreme Court upheld a decision by the US Circuit Court of Appeals in San Francisco to allow a school district in the state of Washington to veto an orchestral religious piece at a public high school graduation. The Supreme Court in a split decision upheld the ruling of the appeals court that the school officials decision to keep the graduation ceremony secular was a reasonable effort to avoid a constitutional controversy. Traditionally, graduating members of the schools orchestra could choose what they played from their list of songs. Although the song they chose, “Ave Maria,” contained references to god, heaven, and angels, the students had elected to perform a strictly instrumental only version, which they had previously performed in choir recitals. The student who brought the appeal, Kathryn Nurre, claimed that the decision to play “Ave Maria” was made on artistic, not religious grounds, and that the freedom of speech of the members of the orchestra were being violated. Religious and artistic imagery in public settings has been a major constitutional issue since Marsh v Chambers in 1983, and continues to prove pertinent today.
When looking at the ruling in this case one must begin by examining the applicability of the Lemon Test. For starters, and most importantly, is there a secular purpose in this case? By this I of course mean: does the performance of “Ave Maria” at a high school graduation have a secular purpose, or is it clearly a medium for religion. I believe that in this case, with an instrumental only recital, the purpose is explicitly secular. How can performing a piece with instruments only insight religion? The answer is that it can’t, and rather that it’s simply a form of art intended only for the audience’s pleasure, and a clear expression of freedom of speech.
Secondly, is the primary effect of the recital of this song intended to advance religion? Hearing an instrumental version of this song provides no religious effect and furthermore provides less of a religious effect than say God Bless America. While of course one could hone in on the specifics of the song and its original message, would this really be its primary effect in this context? Finally and perhaps the question that should have been addressed first: is there excessive entanglement on the government’s behalf? Taxes go to the government, and from there money is allocated to public schools, so in effect has the government funded a religious orchestra performance? I think that this question is probably the hardest to answer because even if there is the slightest shred of evidence that religion is being promoted than the answer is yes they have, but I do not believe that to be the case here. On the surface, Pawtucket displays of nativity scenes and Nebraska state legislature opening prayers, which we saw in Lynch v Donnelly and Marsh v Chambers respectively, appear to be excessive entanglements of the government. After further dissection however, in both cases, it was ruled that both were constitutionally acceptable because of our countries unique Judeo Christian history and the overall secular purpose both performed. I would like to know how an orchestra performing an instrumental piece at a high school graduation is any different. Clearly all three situations raise eyebrows; however consistency in rulings is a necessary mean and thus the same logic used in Lynch v Donnelly and Marsh v Chambers, should be applied here.
It is possible that opponents of an orchestra performance like such could maintain that religiously routed music belongs in private not public schools, and any shred of religious material is influential and therefore unacceptable. Isn’t it true however that allowing kids in public schools to where turbans, yarmulkes, or crosses, exposes others to religious symbolism. Just as though there exists no compelling state interest to prohibit turbans, yarmulkes, or crosses, in public schools, the same goes for an instrumental version of “Ave Maria.” While it is understood that no right is absolute, the right to freedom of speech, which is clearly in play here, has larger implications as we move forward.
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