Salt Lake City School District officials breathed a sigh of relief Friday after the 10th Circuit Court of Appeals ruled in their favor two years after West High student Rachel Bauchman filed a civil rights lawsuit against them.
"We were expecting a decision in May, then in June, then in July, and then in August," Superintendent Darline Robles said at a press conference. "We were relieved they finally have come to a decision."District officials will further study the court's 2-1 decision and 100-page opinion with their attorneys in upcoming weeks.
In spring 1995, Bauchman filed a federal lawsuit against West music teacher Richard Torgerson and the school district. Bauchman, who is Jewish, challenged Torgerson's selection of Christian choral music and devotional songs.
The federal lawsuit asked the courts to rule that West High's performance of mostly Christian songs and carols promoted the Christian faith. It also sought to ban the performance of the song "Friends" at West High School's graduation ceremony.
While the 10th Circuit Court of Appeals granted an injunction banning the song's performance during commencement, students and audience members sang it anyway. The act prompted intense media attention and an onslaught of public debate. The Deseret News received a record number of letters from readers on both sides of the issue.
In a 2-1 decision, the appeals court in Denver found the public high school choir's performance of religious songs in religious venues doesn't necessarily promote or endorse religion.
"Any choral curriculum designed to expose students to the full array of vocal music culture . . . can be expected to reflect a significant number of religious songs," wrote Judges Wade Brorby and James E. Barrett.
The judges also said a reasonable observer would conclude that the selection and performance of religious songs in venues affiliated with religious institutions are religiously neutral educational choices.
"It's nice to have guidance from the court on an issue that has caused such controversy. The Establishment Clause (governing religious freedom and expression) is not an area on which the Supreme Court has been that clear," said Utah Assistant Attorney General Debra Moore, who represented the school district.
But in a dissenting opinion, former Utah state judge Michael Murphy wrote that the Establishment Clause "prohibits public school teachers from utilizing their positions for the deliberate purpose of endorsing or disapproving religion."
Bauchman finished her high school career at Rowland Hall-St. Mark's School and attends college out of state. Torgerson, Rachel Bauchman and her father, Eric Bauchman, could not be reached for comment late Friday.
Attorney David J. Jordan, who represented Torgerson, said it's always possible that the decision will be appealed but there's no guarantee that the U.S. Supreme Court would hear the case.
According to court documents, Torgerson allegedly offered prayer prior to a choir performance at an LDS worship service. He also allegedly asked students during class to visualize Jesus Christ as he was crucified for humanity's sins.
Torgerson still teaches at West High School. When asked whether he had been reprimanded for the allegations, Robles stated: "We have taken care of all personnel matters. Just because something is stated doesn't mean it was fact."
A school district policy, adopted in August 1995, addresses religion in the curriculum. It prohibits endorsement of religion while allowing activities to include references to religious thought and expression as long as they serve an educational purpose.
While it was passed months following Bauchman's lawsuit, the policy had been in the works since the previous year. Robles said the ruling affirmed the policy and that "nothing is going to change."