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.