West High School a cappella choir director Richard Torgerson has a simple explanation for his use of religious songs among the choir's repertoire: "It just happens that much of the choral literature is religious."
Torgerson also said he would recommend that the choir sing the controversial song "Friends" at the next commencement, since it is a tradition at graduation.During a press conference Tuesday in the school's music room, Torgerson said that when he told the choir about a recent recommendation by U.S. District Judge J. Thomas Greene, the group reacted with "a lot of cheers, a lot of clapping."
Greene recommended that civil contempt of court allegations against school officials - Torgerson among them - should be dismissed. The allegations were filed by lawyers for Rachel Bauchman, a student and choir member who objected to the planned singing of "Friends" and "The Lord Bless You and Keep You" at the 1995 West graduation.
The U.S. 10th Circuit Court of Appeals, Denver, issued an injunction to prevent the choir from singing the songs at graduation. But during the service, members of the audience and some choir members sang "Friends," prompting Bauchman to request the contempt finding.
Greene has now recommended dismissal of the contempt claims, a position that lawyers for Bauchman say they intend to dispute in their own brief to the appeals court.
"They were quite enthusiastic about it," Torgerson said of the students' reaction to Greene's recommendation.
He acknowledged that the debate over religious music has been divisive in the school but said it was not divisive for the choir.
Torgerson sat with his lawyer in the matter - Assistant Utah Attorney General Mark Ward - and fielded questions. Ward said Torgerson hadn't come forward earlier to speak with reporters mainly on the advice of his lawyers.
"It's been frustrating," Torgerson said.
Asked about the allegation that he has acted to promote or endorse his own religion, Torgerson responded, "It's just not true."
Has the West High administration talked with him about what he can or cannot do? "Initially they were intent on that, but I've always maintained . . . there's nothing amiss in my approach," he said.
Choral literature is beautiful music, written by masters, and much of it is religious, he said.
Torgerson insisted that music was selected based on a number of things such as polyphony, texture and level of difficulty. Often the text - the words that the choir sings with the music - is "just a minor element of a piece," he said.
Would he favor having the choir sing in a church? "Basically, we'll sing anywhere, anyplace, anytime," he said. The choir will sing in the Rio Grande Depot, the First Presbyterian Church, Temple Square and other locations, he said.
"Our auditorium, unfortunately, is not a great setting. And not only that, my choir is so big it won't fit in the auditorium." The a cappella choir has 145 members.
Ward houses of The Church of Jesus Christ of Latter-day Saints are usually too small to house the choir, he said. "So we don't venture there" for concerts.
When he taught at South High, the choir would perform at Sunday worship services, he said. But the Salt Lake School District policy has changed, and performances are not done during worship services.
Asked whether he thought his past actions were insensitive or made some students uncomfortable, Torgerson said, "I can't discern students who are uncomfortable unless they come and talk to me."
Torgerson said students have always had the option of not participating in any activity that might seem offensive to them. If they decided not to participate, they could do it without penalty.
But students he does know about are comfortable "because this is a music class . . . As far as religion as such, that's really not part of our curriculum. Our curriculum is choral music, and that takes in sacred music."
In 25 years of teaching, with thousands of students, some would have said he was doing something wrong, he said.
"I cannot get into the minds of the students. I simply approach it (the curriculum) from my perspective," trying to give students the best approach to music as possible.
Was there ever a case where he used his position as a pulpit to advance his own religious beliefs? "Absolutely not."
Did the Bauchman suit make him more sensitive to students' feelings about religious material? "I had not needed to be sensitized," Torgerson said. But he said he hopes that the incidents will help people understand what choral music is and that this kind of music requires a great deal of effort, feeling and unity on everybody's part.
"It is basically a lack of knowledge and understanding of what real great music entails," he said, referring to the controversy. Singing is a way to bring back to life a character in history.
"A choral art is a performing art," he added.
Would he do anything differently during the 1994-95 school year, when Bauchman was a member of the choir? "Absolutely not." However, he added, the suit has been "a very learning experience" for him.
The choir has not changed its repertoire as a result of the lawsuit, according to Torgerson. He will advise the group to sing "Friends" in the next graduation but probably advise that some other selection be sung than "The Lord Bless You and Keep You."
The reason is that "Friends" has become a tradition at West High graduations, while the other hasn't, he said.