BORDENTOWN – It didn’t come to down to singing about baby Jesus – it came down to avoiding a legal fight.
In the latest chapter of the Bordentown School District saga of religious songs in a winter concert, school board attorney Cameron R. Morgan defended his decision to pull the songs.
‘If you leave the songs in and somebody sues, we’re most likely going to win,’ the attorney for the Parker McCay law firm said at Wednesday’s board meeting, citing case law. ‘If you take the songs out, which was our ultimate recommendation … we’re fairly certain that you’re on good legal footing.’
Last month, controversy arose when the district’s annual winter concert at the MacFarland Intermediate School was slated to include a trio of religious songs. Parents informed the school’s principal that ‘The Kings From The East,’ ‘Gloria’ and ‘Bring a Torch, Jeanette, Isabella’ were way too religious to be included in a public school setting.
The principal went to Superintendent Constance Bauer, who went to the lawyers, who advised scratching the music from the 4th grade winter concert.
‘My administrative decision on the 1st of November allowed the latitude for staff to use their professional judgement and to exercise appropriate autonomy in the selections with which they are preparing for the concerts,’ Bauer said at Wednesday’s meeting.
‘Staff has a latitude to select pieces that they feel they can appropriately prepare students to perform in alignment with the guidance that they received throughout the course of the last five or so weeks.’
So basically, don’t expect any religious songs performed at the concert.
On Wednesday, the school board also voted to have the policy committee review the ‘Religion in the Schools’ policy and revision suggestions from the board attorney, and come back to the board with a recommendation.
The district’s controversy gained national attention, including outspoken Bill O’Reilly calling Bauer a ‘pinhead.’
The official song list obtained by The Trentonian for the 2013 MacFarland Intermediate School 4th grade concert is: ‘Here Comes Santa Claus,’ ‘Hanukkah Song,’ ‘Let It Snow,’ ‘Jingle Bell Rock,’ ‘Winter Wonderland,’ ‘Deck The Halls,’ Winter Fantasy’ and ‘In This House Tonight.’
Some spoke in support of the decision to remove the songs.
Rabbi Eric Wishnia of the Congregration Beth Chaim in West Windsor said religious songs should remain in churches.
‘We’re very upset when Christmas is put into the malls and changed into X-Mas and Jesus is removed,’ he said. ‘We feel that religion should be practiced in our churches, in our synagogues, in our homes and in our hearts, but we don’t want it brought into the public schools, because what happens is usually is a watering down of religion.’
