April 22, 2008Timothy "T.J." McCarty, a high school senior at Spanish Fort High School in Bay Minette, Alabama, was excited to perform in his school's April 11 talent show. School officials, however, did not share his enthusiasm.
A few weeks before the show, T.J. submitted two original songs to perform, but a teacher and the principal informed T.J. and his co-performer that one of the songs would not be allowed – it was "too religious," they said. The song lyrics suggested that people should repent and seek forgiveness for their sins. The second song -- which, interestingly enough, also contained religious messages -- was deemed acceptable.
Attorneys with the Alliance Defense Fund became aware of the situation and acted quickly to protect T.J.'s constitutional rights. After Baldwin County Public Schools officials received a letter from ADF, they reversed their stance and agreed to let T.J. take the stage and perform both songs. And what a performance it was! T.J. co-performed the song that was originally prohibited -- which T.J. played on piano while a friend of his sang – and it won the talent show. Taking second place was T.J.'s other song, which he performed as a soloist.
"Christian students shouldn't be discriminated against for expressing their beliefs," said ADF Senior Legal Counsel David Cortman. "In this case, students were invited to perform an act of their choosing. It was a violation of our client's constitutional rights to tell him what song he could or could not include simply because it was religious in nature. Once we explained this to the school district, it did the right thing. Officials there should be commended for deciding to respect the First Amendment rights of their students."
A copy of the letter ADF attorneys sent to Baldwin County Public Schools officials on April 4 is available at
www.telladf.org/UserDocs/SpanishFortLetter.pdf.
The battle for religious freedom will not be won in a single day, or through a single court victory. We must be persistent! Your prayerful support is vital as we continue to help students, parents, and school officials understand that constitutional rights are not left at the schoolhouse gate.