Terrytown, LA - After threat of a lawsuit and pressure from parents, Tammy Honore's kindergarten class sang, "I Can't Give Up Now, " a song which the principal had banned.

Tammy Honore is a kindergarten teacher at Terrytown Elementary School in Terrytown, Louisiana. On May 27, her kindergarten class participated in an end-of-the-year ceremony conducted off the school premises in a gymnasium in a public park. Each kindergarten class sang songs, performed skits or plays, or engaged in other kinds of activity as part of the end-of-the-year celebration.

Ms. Honore and her kindergarten class had been practicing to sing the song, "I Can't Give Up Now," written by Mary Mary. Although the song does not mention God, Principal Mary Ellen Heating objected to it because she construed the word "he" to refer to God, and therefore considered the song to be religious, and thus inappropriate. The song talks about overcoming adversity with the recurring theme, "I just can't give up now." At one point, the song states, "I don't believe he brought me this far to leave me." Believing this sentence referred to God, the principal banned the singing of the song.

Liberty Counsel wrote a legal opinion at the request of Ms. Honore, stating that not only was the song appropriate, it would be unconstitutional to censor this message, especially when the other kindergarten classes were permitted to engage in their activities. In the legal opinion, Liberty Counsel wrote, "Not only is the song permissible, censoring the song would be impermissible. It appears that the principal has chosen to single out this song for viewpoint censorship solely because of the principal's perception that the song is religious. Allowing other secular songs, plays, skits or presentations, while censoring this song for its alleged religious viewpoint, is unconstitutional, viewpoint-based discrimination." After receiving the letter and being pressured by parents of the kindergarten class, the principal agreed to allow the song to be performed.

Mathew D. Staver, President and General Counsel of Liberty Counsel, stated: "Banning "I Can't Give Up Now" because of its religious theme would have sent a terrible message to these kindergarten students. These young children educated the educators that religious speech is not an orphan to the First Amendment."