Dispatches from the Creation Wars

Remember the lawsuit over an elementary school program that included having kids sing a country song called In God We Still Trust? A judge has issued a preliminary injunction against the use of that song in the program.

The challenged song is not a sacred example of a choral music used to instruct students in music theory and appreciation. It is a modern, American county music song overtly espousing a specific religious viewpoint and attacking of those who do not share in the same belief. Additionally, the song degrades the doctrine of governmental separation and neutrality towards the promotion of religious ideologies.

The school had already pulled the song from the program, but the judge decided to issue an injunction anyway because the decision to do so “does not fully address all of the issues raised by Plaintiffs’ motion.” The judge writes:

There are those who object to the path that our First Amendment jurisprudence has taken in regards to religion and the state. Under the protections of our Constitution, those individuals are entitled to express their dissent. However, the public interest is well served in preventing the coercion of third-grade students to participate in a state sponsored performance that endorses such an opinion. Plaintiffs have adequately satisfied all the requirements for a preliminary injunction…Though Defendants have voluntarily taken the Song out of the Assembly, there is no guarantee that the Song will not find its way back into the performance.