SEATTLE — A federal appeals panel has upheld a decision to bar the instrumental performance of a Christian hymn at a high school graduation in Everett.
The case arose after seniors in the Henry M. Jackson High School wind ensemble asked to play an instrumental version of “Ave Maria” at their commencement in June 2006. When school officials said no, one of the students, Kathryn Nurre, challenged them in court.
U.S. District Judge Robert T. Lasnik upheld the school district, ruling that Nurre’s First Amendment rights had not been violated.
Two 9th U.S. Circuit Court of Appeals judges today agreed with Lasnik. The third, Judge Milan D. Smith, disagreed, writing that it would cause school officials “to chill — or even kill — musical and artistic presentations by their students.”
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