A Establishment Clause For All

April 18, 2010 by David Emig | Filed Under Barack Obama, Ethics, Faith, Holidays, Islam, Politics, Religion, Supreme Court, U.S. History, Uncategorized 

“Congress shall make no law respecting an establishment of religion.” 

Amendment One, United States Constitution.  The quoted passage is the Establishment Clause.  The intent of the Framers is to provide the American people the right to practice their own religious beliefs – but also the right of citizens to be free from religion if they so choose.  This is the foundation of one of the cornerstone of our democracy.  It was explained in a letter to the Danbery Baptist Association in 1802.  President Thomas Jefferson writes: “I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between Church and State.”  In 1812, John Adams wrote, “Nothing is more dreaded than the national government meddling with religion.”  Over a half a century later, Ulysses S. Grant stated, “Leave the matter of religion to the family altar, the church and the private school supported entirely by private contributions. Keep the church and state forever separate.”

The recent federal district decision in Freedom from Religion, et al. vs. Obama, et al. is an important one.  It is the reminder that the government should represent all Americans regardless of religious belief or non-belief, and that the Constitution protects everyone’s rights.  Clearly, the National Day of Prayer promotes the Judeo-Christian practices and beliefs.  It is a violation of the Establishment Clause of the First Amendment of the Constitution, and runs counter to the concept of the separation of church and state supported by Thomas Jefferson.  Over the last half century, the American legal system has endeavored to be neutral regarding endorsement of religion.  Decisions such as Freedom from Religion, are in keeping with these legal precedents established by the Court.

The National Day of Prayer was established in 1952.  Billy Graham, the most respected and popular evangelicals of his era inspired the legislation.  During a six-week evangelical crusade in Washington DC, Rev. Graham spoke about how America had “dropped our pilot, the Lord Jesus Christ, and are sailing blindly on without divine chart or compass, hoping somehow to find our desired haven.  We have certain leaders who are rank materialists, they do not recognize God nor care for Him; they spend their time in one round of parties after another.  The Capital City of our Nation can have a great spiritual awakening, thousands coming to Jesus Christ, but certain leaders have not lifted on eyebrow, nor raised a finger, nor show the slightest bit of concern….  Ladies and gentlemen, I warn you, if this state of affairs continues, the end of course is national shipwreck and ruin.”

In response to this dire religious threat, both houses of Congress introduced legislation to proclaim a National Day of Prayer.  Representative Percy Priest in introducing the legislation said that the country “had been challenged yesterday by the suggestion made on the east steps of the Capitol by Billy Graham that the Congress call the President for the proclamation of a prayer.”  The Senator introducing the bill in the Senate, Absalom Robertson (who was the father to Rev. Pat Robertson) stated that the measure was “against the corrosive forces of communism which seek simultaneously to destroy our democratic way of life and the faith in an Almighty God on which it is based.”

In 1988, Congress revisited the National Day of Prayer proclamation to specify a specific day.  This is so the faithful could better organize events.  This also placed the National Day of Prayer on another plateau, along such days as Mother’s Day, or Thomas Jefferson’s Birthday.  Senator Strom Thurmond thought having a day set for the National Day of Prayer would help because, “a date that changes each year, it is difficult for religious groups to give advance notice to the many citizens who would like to make plans for their church and community. Maximum participation in the public knowledge of this event could be achieved, if, in addition to its being proclaimed annually, it were established as a specific, annual, calendar day.”  {See Freedom of Religion v. Obama, p. 9.}  Codification of a day in federal law would then assist the legislative intent by the government sponsored opportunity of better organization and a larger turn out.

The legislative intent of the National Day of Prayer was underscored by Sen. Jesse Helms who said, “America must return to the spiritual source of her greatness and reclaim her religious heritage. Our prayer should be that—like the Old Testament nation of Israel—Americans would once again ‘humble themselves, and pray, and seek God’s face, and turn from [our] wicked ways’ so that God in heaven will hear and forgive our sins and heal our land.” {See Freedom of Religion v. Obama, p. 9.}  Obviously, the legislative effect that the Congress was seeking was the promotion of the Judeo-Christian faith exclusively. 

There were no calls to include other faiths in the legislation, or the actual implementation.  Indeed the ruling in Freedom of Religion documents several incidents of those Christians to wish to claim the National Day of Prayer as their own.   Examples like a coordinator in Bakersfield stating that “”[t]he National Day of Prayer is actually all about the Lord.  So we’re representing the Christian community.” See “The Bakersfield Californian” May 1, 2008.  Or local groups complaining in Tennessee that the National Day of Prayer “mak[es] members of minority religions feel that unless they adhere to Christianity they are unpatriotic.” See “Memphis Commercial Appeal”, May 1, 2008.  Or in Illinois, organizers of a event being criticized after saying that the event is “only about Jesus and Jesus the Savior alone”; although they had “no problems having [members of other religions] participate, though not in speaking roles.” See “Springfield State-Journal Register,” April 30, 2006. Or finally an example in Utah, where a Mormon reader “didn’t think [she] was allowed to participate” because she “pray[s} to the wrong God.” See “Deseret Morning News,” October 20, 2009. {See Freedom of Religion v. Obama, pp. 57-59 for entire list.} 

Justice Blackmum (RN appointee) might have shed some additional light on this when he wrote in a concurring opinion: “The mixing of government and religion can be a threat to free government, even if no one is forced to participate. When the government puts its imprimatur on a particular religion, it conveys a message of exclusion to all those who do not adhere to the favored beliefs.”  Lee vs. Weisman, 505 U.S. 577, at 606, (1992).  Justice O’Connor in County of Allegheny v. ACLU Greater Pittsburgh Chapter (1989) writes, “government cannot endorse the religious practices and beliefs of some citizens without sending a clear message to nonadherents that they are outsiders or less than full members of the political community.”  492 U.S. 573, at 627.  {Quoted from Freedom of Religion, p. 20.}.

For those who believe that the National Day of Prayer is merely a proclaimation without force need to heed the words of Justice Kennedy.  “[T]he lesson that in the hands of government what might begin as a tolerant expression of religious views may end in a policy to indoctrinate and coerce.”  {Lee vs. Weisman at 591-592.}  This of course begs the question…what would a less tolerate government do with a National Day of Prayer?

This ruling by Judge Crabb is only the beginning of the process, that will ultimately take the case to the halls of the United States Supreme Court. The ruling in Freedom from Religion v. Obama he should not be seen as Judeo-Christian religion being relegated to “stepchild” status — (though atheists seem to be orphans in this society.)  It shouldn’t be misinterpreted as “the arrogant absurdity of a court.”  It isn’t code to ban religion.  The ruling is enforcement of the governmental ban against favoring one religion and faith over another.  It is against government sanction or encouragement that must be the responsibility of private churches and your private point of view.  This ruling is evidence that the United States Constitution protects all of our rights, believers and non-believers alike; from the potential theocratic tyranny of a government.  As the front of the Supreme Court building states…

“Equal Justice Under Law.”

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