U.S. high court won’t hear ‘Ave Maria’ free speech case

Published 10:39 pm Monday, March 22, 2010

The U.S. Supreme Court announced Monday that it won’t hear a free speech case brought by an Everett School District graduate who wanted “Ave Maria” performed at her 2006 graduation.

“I am really disappointed,” said Kathryn Nurre, a Henry M. Jackson High School graduate who filed the lawsuit. “It’s really sad to hear after all this time. It just didn’t go where I wanted it to go.”

Nurre’s lawsuit contended the school district violated her free speech and religious rights. Nurre and fellow graduating seniors in Jackson’s wind ensemble had selected for commencement an instrumental version of German composer Franz Biebl’s “Ave Maria,” which derives its name from a Catholic prayer and translates to “Hail Mary” in Latin.

School district administrators balked at the selection, saying that music for graduation should be “entirely secular.”

In 2005, a year before the “Ave Maria” performance was barred, Jackson’s student choir performed at graduation “Up Above My Head,” a vocal piece that included references to “God,” “heaven” and “angels.” Afterward the school district received complaints.

In a dissenting opinion, Supreme Court Justice Samuel Alito argued the court should have heard Nurre’s case.

“When a public school purports to allow students to express themselves, it must respect the students’ free speech rights,” Alito wrote. “School administrators may not behave like puppet masters who create the illusion that students are engaging in personal expression when in fact the school administration is pulling the strings.”

Superintendent Gary Cohn, who wasn’t working for the Everett School District when the case was filed, expressed relief Monday.

“The district is grateful to know this issue has been resolved,” he said.

Americans United for Separation of Church and State, a Washington, D.C.-based organization, applauded the decision not to hear the case.

“It would have opened up a Pandora’s box it is best to remain closed,” said Rob Boston, a senior policy analyst with the group that filed a motion supporting the school district.

The Rutherford Institute, a Virginia-based legal organization that specializes in religious rights cases, represented Nurre and filed suit against the school district in June 2006.

“Free speech in the public schools is on life support,” said John Whitehead, president of the institute, after Monday’s decision was announced.

Whitehead said he worries about the message courts are sending to public schools, particularly when it comes to art and music.

“Pablum, that is where it is headed,” he said.

Earlier a federal court and the U.S. Circuit Court of Appeals sided with the school district. Each found the district was on solid legal ground.

Both sides said Monday the case is over.

Nurre, 21, said she is glad she filed the lawsuit and is encouraged by the many letters of support she received.

“At least I got my point across,” she said.

Eric Stevick: 425-339-3446, stevick@heraldnet.com.