San Diego, CA - A dance teacher who was terminated after another teacher complained about the mention of God in her music has announced her intention to appeal an adverse decision of the San Diego County Superior Court. The teacher, Kathy Villalobos, is represented by Pacific Justice Institute.
Villalobos' contract with the Lemon Grove School District, located near San Diego, was terminated early by the district in the spring of 2005. The termination came a few days after a complaint from another teacher at the school that some of Villalobos' music mentioned God. One of the main songs at issue is entitled "O Sifuni Mungu" and is largely in Swahili. Villalobos testified that she used the song because of its African rhythm.
At trial, lawyers for the school district argued that Villalobos did not have a discrimination case because she had not suffered as much as the Jews in Nazi Germany. The school district attorneys also excluded people of faith from the jury. In the end, the judge and jury sided with the school district. Attorneys with Pacific Justice Institute will be appealing the decision to seek enforcement of state
law, which decrees that the Education Code shall not be interpreted so as to exclude all religious references from the study of dance, art and music.
PJI staff attorney Karen Milam, the lead trial counsel for Villalobos, commented, "We continue to believe in the promise of the Education Code that religious art and music should not be banished from our
schools. We are looking forward to vindicating that promise in the court of appeals."
Brad Dacus, president of Pacific Justice Institute, stated, "No teacher should lose his or her job for the use of incidental, illustrative religious references. We will continue to pursue justice in this case so that every educator in California can be assured of their
religious freedom."
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OPINION:Dance Teacher Fired for Playing Religious Music Appeals Case
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I would love
I would love to hear a complete list of all the music she was using in her class.
- Babaroni
October 2, 2009 2:45PM
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As would I.
However, the claimed state law would render the list moot. As stated:
51511.
Nothing in this code shall be construed to prevent, or exclude from the public schools , references to religion or references to or the use of religious literature, dance, music, theatre, and visual arts or other things having a religious significance when such references or uses do not constitute instruction in religious principles or aid to any religious sect, church , creed, or sectarian purpose and when such references or uses are incidental to or illustrative of matters properly included in the course of study.
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=54613920663 +0+0+0&WAISaction=retrieve
Also, we must take into account that Villalobos did not enjoy the right to a jury of his/her peers. America is not agnostic, and therefore a jury consisting of 0% religious jurors would not constitute a jury of his/her peers.
I would not want a person accused of assaulting a Roman Catholic Priest to have a jury containing all Roman Catholics. Nor would I want an inner city white youth accused of a petty drug charge to be tried by a jury of devout country bumkins. Peers means peers. Not "people representing a panel in ideological alignment with the prosecution."
- SolarSanitizer
October 3, 2009 12:05AM
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I agree that state law
I agree that state law specifically allows religious reference in art and music used for study purposes. I'd be more inclined to err on the side of permissiveness than restriction. As a musician, I know that some of the finest choral music students can study (not to mention visual arts and literature) revolve around religious subjects and/or are built upon religious texts. I would be sad to see so much great art removed from the body of available study materials for public school children .
I still, however, would like to know whether, in fact, as she claims, the religious references in the music she was using were incidental to the rhythm and texture of the music, or whether she was having students dancing to an nearly exclusive body of music from a particular religious sect (such as "praise music" from an evangelical rock band, or something similar). I wonder if there was a subtext of proselytization in her classes, or whether she truly was simply using the best rhythms and melodies for the dances she was teaching, and they happened to contain lyrics which made religious references of some sort.
Without having been in attendance or on the jury, it is difficult to know. I am fairly certain, though, that the OP's perspective contains a bit of slant.
- Babaroni
October 3, 2009 11:44AM
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I am not so much into dance, but
I enjoy listening to music. We only know of one bit of music and it did not suggest Christian music. At any rate, you and I agree that she should be allowed to play her dance music as long as she was not proselytizing her students. Sure there is slant, I have yet to see a story on OV without slant.
I think we will learn more with the resolution of this case.
- SolarSanitizer
October 3, 2009 1:25PM
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I dont know of any other way to stop
the bus aka public education from running over its students than by sueing them at every chance possible. They dont respect any other method of enforcement. To often teachers and students complain or go to the school boards and little is done. If they choose not to sue I would suggest gathering signatures of parents and students in protest, that also has been quite effective in changing ignornant policies. I hope she gets the support that she needs to win her case of injustice and intolerance!
- hallelujahchorus
October 2, 2009 3:25PM
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No lol
Her job should be kept.
It has artistic value and clearly isn't being used to promote religion . This would be like banning Milton's "Paradise Lost" from English classes.
Also, how many of the kids even knew it was talking about god if it was "mostly in Swahili"?
- caelum
October 3, 2009 2:40PM
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