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Commencement victory.(Making A Difference)(Rachel Honer wins free speech case)

The New American

| July 28, 2003 | Lee, Robert W. | COPYRIGHT 2003 American Opinion Publishing, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Rachel Honer, 18, recently graduated from Winneconne High School in Winneconne, Wisconsin. Anxious to participate in the June 8th commencement, she asked Principal Jim Smasal a few weeks in advance if she could sing during the ceremony. Smasal told her that she could, provided that she was selected by a committee formed by school officials to choose graduation speakers and performers.

The committee picked Rachel and asked her to submit the lyrics of the song she planned to sing. She chose, "He's Always Been Faithful," by Christian recording artist Sara Groves. The spiritual piece specifically mentions God three times.

On May 7th, in the wake of the committee's review of the lyrics, Principal Smasal informed Rachel that she would not be allowed to perform the song unless the word "God" was replaced by such alternatives as "He," "Him," and "His." Smasal and Winneconne School District Superintendent Robert Reinke claimed that the song might otherwise prove offensive to some people and violate church-state separation.

Believing that she would be both a "liar and a hypocrite" if she sang the censored version of the song, Rachel did some research on freedom of religion, then contacted the Rutherford Institute, a civil liberties organization specializing in the defense of constitutional and human rights.

On May 28th, the institute filed suit on her behalf in the U.S. District Court for Eastern Wisconsin, contending that the school district had violated her rights of free speech, religious expression, and equal protection of the law. The complaint requested a permanent injunction prohibiting the school district from censoring the religious song. Rutherford Institute President John Whitehead told reporters that by precluding references to God, school officials "are ...

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