UNITED
STATES COURT OF APPEALS – 8TH CIRCUIT

(1980), in the case of Florey v. Sioux Falls School District, 619 F. 2d 1311, 1314, 1315–1316, 1317 (8th Cir. 1980), stated that the performance and study of religious songs, inclusive of Christmas carols, is constitutional, provided the purpose is the:

Advancement of the students’ knowledge of society’s cultural and religious heritage, as well as the provision of an opportunity for students to perform a full range of music, poetry, and drama that is likely to be of interest to the students and their audience.3994

Advanc[ing] the student’s knowledge and appreciation of the role that our religious heritage has played in the social, cultural and historical development of civilization.3995

It would be literally impossible to develop a public school curriculum that did not in some way affect the religious or nonreligious sensibilities of some of the students or their parents.3996

The study of religion is not forbidden “when presented objectively as a part of a secular program of education”. … We view the term “study” to include more than mere classroom instruction; public performance may be a legitimate part of secular study. … As the district noted in its discussion of Rule 3, “To allow students only to study and not perform [religious art, music and literature when] such works … have developed an independent secular and artistic significance would give students a truncated view of our culture.”3997