The delicate balancing act between the Freedom of Speech and the Establishment Clause continues to come to a head.

In the latest case to come to my attention, a student Wind Ensemble voted unanimously to play an instrumental version of Ave Maria at the commencement ceremony.  This is a long standing tradition, that the graduating seniors vote the piece they wish to play.  The 17 students chose this piece, which they had performed as a school concert a few years earlier, because they enjoyed playing it. 

No lyrical accompaniment was to be used, and no lyrics were to be printed, it was 100% instrumental.  No one handed out tracts or brochures.

The Superintendent of the district, Dr. Carol Whitehead still vetoed it.  It was still too religious.

Teen sues district after "Ave Maria" silenced

For years, seniors in the wind ensemble at Henry M. Jackson High School have selected a favorite piece of music to play during commencement.

For last month’s ceremonies, the 17 students chose an instrumental version of "Ave Maria," which they had performed at a school concert in December 2004.

But their choice was vetoed by Dr. Carol Whitehead, superintendent of the Everett School District. Instead, the ensemble played a selection by British composer Gustav Holst.

Now Kathryn Nurre, an 18-year-old who played alto saxophone in the ensemble before graduating, is suing Whitehead, claiming the decision violated her First Amendment right to freedom of speech. She believes "Ave Maria" was nixed by Whitehead because she felt the song was too religious for a school-sanctioned event.

"It was our graduation and it was our choice to pick the piece, and we didn’t think they should be able to tell us we couldn’t," said Nurre, who filed the suit at her mother’s suggestion. "I was all for it [the suit] because I didn’t know there was anything I could do."

The lawsuit, filed Monday in U.S. District Court in Seattle, is the latest in a string of recent controversies involving religion at graduation ceremonies, and it is likely to add to the voluminous debate about the place of religion in public schools.