Dec. 19, 1997-- The Tenth Circuit Court of Appeals has ruled in the controversial Rachel Bauchman case.

The judges say West High School's choral program did not violate Bauchman's constitutional rights.

Religion Specialist Duane Cardall reports.

West High School's choir director, who was the main target of Bauchman's lawsuit, says he's "happy and pleased."

His bosses at the Salt Lake City School District offices are too.

Superintendent Darlene Robles says, "I believe it affirms for me what we've been doing since 1995 with our policy. Nothing has really changed."

At stake with this case, the long-standing tradition of high school choirs performing religious music.

Rachel Bauchman is Jewish. In 1994 she complained about the predominantly Christian repertoire of her school choir, especially at Christmas time.

Her legal and personal clash erupted months later on graduation night when a court ordered students not to sing two songs. The students went ahead and did it anyway, and the ceremony turned into chaos.

In the course of events, Bauchman and her parents sued, claiming violation of her Constitutional rights.

Twice, federal district court dismissed her lawsuits, and now on appeal, a divided 10th Circuit Court says the lower court did the right thing.

The majority opinion says Bauchman's complaint "fails to support a claim that the choir curriculum or choir activities have a principle or primary effect of endorsing religion." "The state of Utah is not coercing Ms. Bauchman to violate her religious beliefs."

Darlene Robles says, "We were expecting a decision in May, and then in June and then in July, and then in August. And so I am relieved that they finally have come to a decision."

Rachel Bauchman left West High School and attended private school during her senior year. She is now away at college.

One of her attorneys late this afternoon said the dissenting opinion is correct and he'll recommend appealing to the U.S. Supreme Court.