Few things are as endearing as a child’s love for dance. That’s doubly true when a child’s love for dance is matched by their love for God.
Brian Hickman was one such student. Though Brian had physical challenges with cerebral palsy, he didn’t let that stop him from joyfully expressing his love for God. So when his school talent show was drawing near, he wanted to dance to a Christian song that meant a lot to him. However, his school said he had to choose a different song to dance to. Why? Because his song was too religious and said “Jesus” too many times.
This was a blatant violation of Brian’s First Amendment rights, which is why he stood up for himself in court.
Who is Brian Hickman?
Brian Hickman was a fifth-grader in California with cerebral palsy, but his mom, Adriana, taught him to not let that hold him back. And Brian surely didn’t. He recalled, “When my little brother had a party, we played live music, and then I wanted to go up there and dance with my mom and have a good time, and I did, and that’s when I started dancing.”
Adriana said, “Brian is the person that [at] family parties, he wants to be the first one out there, and if the music’s going, he wants to dance and jump. He’s always loved dancing. I think when he discovered being able to be on the praise team at church and being able to worship and praise where he could dance and do that for the Lord, it was a newfound joy for him.”
This is an epitome of praising God in our weakness. What was a serious challenge for Brian, God transformed to be a source of enjoyment for Brian and worship for the Lord.
The school says Brian must change his song
Brian had heard about his school’s talent show, and he was determined to participate. Adriana recounted, “When we found out there was a talent show last year, he had considered wanting to participate, and then he didn’t. Then he was really shy, and then the time passed, and then it was too late to join. So he had already stated in advance that he was like ‘This year, I’m doing it.’”
And Brian knew exactly which song he would dance to. “I picked ‘We Shine,’” Brian said, “and the reason why I picked it is because it’s my belief in God, and I just like praising Him a lot.”
For weeks, Brian had been working with the music team at his church to learn the movements to “We Shine.” This would be Brian’s talent and his proclamation of his love for God. He showed up at the auditions with the song in hand.
But Brian’s enthusiasm was quickly dampened by school officials.
“I received a call on a Tuesday from someone from the [Parent Teacher Association] letting us know that they loved [Brian’s] audition, that he did really good, that they really wanted him to be a part of the talent show, however, that he needed to change his song,” Adriana said.
The reason? They said the song was too religious and said “Jesus” too many times. School officials believed that this was “offensive.”
The songs of other students that celebrated love, passion, dancing, and having fun were welcomed with arms wide open, while Brian’s effort to celebrate Jesus was censored. School officials told Brian to choose a different song, something they said only he and students who had chosen songs with profanity had to do.
Brian didn’t understand why he could not dance to the song. He had worked hard to learn the motions for the performance, and the talent show meant a lot to him. “Like I told my mom, I wanted to be in the talent show because this was going to be the only time that I could do something before my hip surgery, so I just went for it,” Brian said.
In thinking back on the prospect of not being able to participate, Brian said, “I was disappointed. I was upset. I was crying. At first, when my mom told me, I thought it wasn’t fair.” But then he decided: He was not going to substitute “We Shine” for a different song.
The school cannot prohibit Brian’s religious expression
School officials claimed that Brian dancing to “We Shine” would violate the separation of church and state. But the separation of church and state did not require the school to prohibit Brian from dancing to a religious song. Rather than advocating for a complete absence of religion, separation of church and state actually means protecting religious expression from government obstruction.
In trying to find a way for Brian to participate, Adriana wrestled with the proposition from the school. “His iPod has all worship music. If [they] need him to pick another song, he’s going to pick another song, and it’s still going to be a faith-based song because that’s Brian,” she said. Adriana reflected, “God just really put it on my heart that if Brian chose this song … what a good example that would be for Brian that he stands up for his faith and later on it’s something that he can take with him.”
After being referred by a local Christian radio station, Brian’s mom contacted Alliance Defending Freedom, and because the talent show was quickly approaching, we filed a lawsuit on Brian’s behalf seeking an immediate court order allowing Brian to perform his Christian song at the talent show.
Facing an imminent court hearing, the school district not only agreed to permit Brian to perform his song but also agreed to change the district-wide policies to ensure that religious performances are protected at school events—a policy change that impacts the hundreds of thousands of kids attending schools in Los Angeles.
Brian dances at his school’s talent show
Just days before the talent show, we let Brian know that the school district would change their policy and that Brian could perform his song.
So on a February night, Brian Hickman danced to “We Shine” in front of a packed house in the elementary school auditorium. He even received a standing ovation. His love for Christ truly shone that night, and so did his determination to stand against efforts to censor his religious expression at school.
Brian said, “At first, I started sweating. When I was up there, I got really nervous, but I … conquered my fear of … big crowds, and after I was done, I was really happy when everyone started clapping.”
Adriana added: “When he came on, everybody was just clapping. I mean, there was not one person that you could tell was visibly bothered in any way. Nobody was offended. It was a great moment.”
“I’m very glad and excited that I was able to do it because of my faith in God, and I just really want to spread the word that He’s our Savior and He’s the One who died on the cross for all of our sins,” Brian said. And because of the stand he and his mom took, he got to do just that.
Brian stood up for religious expression at school
Public schools can’t pick and choose which students have the right to free expression. ADF will continue to advocate for students and work to uphold their right to express their religious beliefs at school without fear of censorship or punishment. Will you give a gift today and stand with students like Brian?
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