Compromise Allows Teen to Sing Hymn at Graduation
Thursday, May 29, 2003

WINNECONNE, Wis. — A graduating senior is going to sing a religious song at commencement ceremonies for her public high school after all, a school official and the teen's attorney said Thursday.

Rachel Honer's plan had stirred a court fight over the separation of church and state.

But a lawsuit has been resolved with a compromise: Honer will no longer be a graduation speaker. Instead, she will be listed on the program as a graduation performer.

"According to our attorneys, it passes constitutional muster," School Superintendent Robert Reinke.

Honer's attorney, Thomas McClure of Delafield, said his client "feels great. She is glad this all has worked out."

Honer, 18, had been selected as one of three graduation speakers for the June 8 commencement. She asked to sing "He's Always Been Faithful," by Christian recording artist Sara Groves (search), instead of giving a speech.

High school administrators told Honer she would have to use the words "He," "Him" and "His" in place of three mentions of God in the lyrics.

Honer objected, leading to a lawsuit filed last week in U.S. District Court in Milwaukee. The suit contended the school district violated Honer's constitutional rights to equal protection, free speech and free expression of religion (search).

It asked the court to order the school district to "cease its discriminatory and unconstitutional policy or practice of censoring students from expressing their religious beliefs in their speeches, songs or performances at graduation exercises."

McClure, a constitutional rights attorney, said he expected the lawsuit would be withdrawn, perhaps as early as Friday.

"The law is clear that you cannot proselytize at a graduation, but the student has every right to exercise their free speech rights, such as explaining what is meaningful to them as they graduate from high school," he said.

"The school district mistakenly thought even one mention of the word God was the same thing as proselytizing, which, upon reflection, they realized is incorrect. ... All this girl wanted to do is convey in a simple song her attitude as she moves on in life."

Honer's mother, Debra Honer, has said "God is No. 1" in her daughter's life and she couldn't talk about anything else as she graduates.

Reinke said Honer will perform the song at the graduation.

"The key word being perform," he said. "Because it is a performance, it isn't a speech any more."

The school is involved in clearing the graduation speeches, so it has a connection and thus is sensitive to separation of church and state, the superintendent said. The school has no connection to Honer's song.

Asked what students at his school learned because of the flap, Reinke said, "I think there is a greater awareness of the Constitution, and the rights of not only the majority but also the minority inherent in the guarantees of our freedoms."

McClure said each spring, public-school graduations produce some conflict regarding the separation of church and state.

What the dispute involving Honer says is "school districts are a little overreactive every time the subject of religion comes across their desks in connection with the operation of their schools," McClure said.

Perez said that on another school day before the T-shirt incident, teachers made Young remove rainbow colored beads from her hair, although she was not suspended then.

That is not the most important issue here but if a jury decides to contribute to Natalies college fund, all the better, Perez said.