"The Devil Went Down to Georgia"

[Gene Garman]

Jim,

The Founding Fathers severely limited religion influence in respect to 
public office when they commanded: "no religious test shall ever be 
required as a qualification to any office or public trust under the 
United States."

The First Congress severely limited the power of Congress in respect to 
religion when it commanded: "Congress shall make no law respecting an 
establishment of religion." Note, the constitutional word is "religion," 
not church.

"The federal constitution ... forbids Congress ever to establish any 
kind of religion, or require any religious test to qualify any officer 
in any department of federal government. Let a man be Pagan, Turk, Jew 
or Christian, he is eligible to any post in that government" (Baptist 
Preacher John Leland, Orange County neighbor of James Madison, 1791).  
L.F. Greene, Writings of Elder John Leland.


Likewise, public schools can teach music from all of the world's 
cultures and traditions. I merely suggest the constitutional concern 
relates more to the predominant use of "Christian" music, the absence of 
which, I submit, would not severely limit music instruction any more 
than would the absence of music from any of the world's great or small 
religions. Christians may flatter themselves in regard to "Christian" 
music, but better to be constitutionally wise than to flaunt religion 
preference in a public institution owned by citizens of all religions 
and of none.

The Constitution's religion commandments were created from the wisdom of 
men honed by experience in respect to religion and government. 
Government is the essence of coercion. The Reverend John Leland 
understood the constitutional principle and wisdom of voluntarism in 
matters of religion (no test and no law), and the memorial monument to 
Leland and Madison near Orange, Virginia, marks the spot where they met 
to discuss religion freedom. The significance of their wisdom and the 
social harmony generated therefrom is expressed and embodied in the 
Constitution's religion commandments. Public school music programs 
should be just as wise.

Gene Garman




JMHACLJ at aol.com wrote:

> In a message dated 10/16/2005 9:57:34 P.M. Eastern Daylight Time, 
> ggarman at sunnetworks.net writes:
>
>     Most public school music instructors are probably not familiar
>     with music traditions outside those common to the majority,
>     nevertheless it is not the business of government, at any level,
>     to establish religion of any kind. Because public schools are not
>     churches, it would be constitutionally wiser for public school
>     music programs to use music not related to any religion.
>
> The problem of course is that it takes a while to develop a 
> "tradition" in music or other arts.  Consequently, if you begin by 
> emptying the field of permissibly taught sacred music (taught for its 
> style, form, expression), then you severely limit the instructional 
> choices.  Of course, I am sure that it can be done; but the issue is 
> must it?
>  
> Jim Henderson
> Senior Counsel
> ACLJ
>
>------------------------------------------------------------------------
>
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