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Court Errs on School Prayer

June, 2000

 

            Well it’s June, the traditional time for graduations, weddings, and a “Brent Morrison” column on school prayer.

            No, no Niemeyers have graduated from Oroville High School, where brothers Chris and Jason were denied the podium for valedictory addresses in 1998 and 1999.  Chris had planned to thank God, while Jason was essentially found guilty of being a Niemeyer.

            That this is an emotional issue is borne out by the response I received the last two Junes.  Along with support, each of those pieces brought one rather spirited email exchange, the last of which inspired a self-imposed “two email” rule:  I will reply to a critical reader twice per column, then just take the blows.  It was a conclusion I was heading toward anyway, but I learned that a lot of folks drop any pretense of civility at about the third email. 

            The usual argument against prayer at school events is separation of church and state, a phrase one will not find in the Constitution.  One will instead find the establishment clause of the First Amendment stating that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

            Somehow this simple, unambiguous language has come to mean something else.  Establishing a religion is now as simple as invoking God’s name in a public place; “free exercise” is what we seek to prohibit if it occurs on public property.

            This is no small point.  Limiting religious rights to private property effectively reserves them for property owners.  My guess is that few in the “separation” camp would apply the same standard to other Constitutional freedoms, such as those of speech and assembly.  If such were the original intent, it was a well kept secret until about the last five decades.  Our founders plastered prayer and religious references all over their documents and public proceedings.  The schools they attended, and left behind, almost universally included prayer and Bible study.  Their speeches invoked God, His will, and His desires for us.

            Examining the Constitution and the public actions of its authors makes one wonder how a logical train of thought could arrive at the conclusion that the founders intended a secular society, but if reason won’t take you where you want there’s always an attorney.  My bet is that far fewer lawyers wrote the Constitution than are now reinterpreting it.  Primary author James Madison, for instance, was a planter, perhaps explaining the no-nonsense language that shines through despite changes in idiom brought by the centuries. 

Nonsense, it seems, is reserved to the Supreme Court.  In a 6-3 decision involving a Texas high school, the Court has upheld a lower court ruling forbidding student-led prayer at football games.  It did not address graduation ceremonies, ala Oroville High, though unfortunately I do not see what the distinction might be.  I suppose that’s the problem with logic, which can cut against the holder while leaving the target unscathed.

For example, “This is a complete and total victory for the freedom of religion in this country,” said William Harrell, executive director of the Bizarro Planet chapter of the American Civil Liberties Union. 

OK, he claims he’s really from Texas.  For you non-Superman fans, the Bizarro Planet was a place where everything meant the opposite of what it said.  What other explanation can there be for statements like “While some will see it as religion being prohibited in schools, students can voluntarily pray any time they want”?  The Texas policy allowed students to elect a representative to give a “message or invocation” at their sole discretion, which sounds pretty voluntary to me.

It has also been pointed out that attendance at high school football games is not mandatory (even in Texas, apparently).  That misses the central point, however, as government is Constitutionally prohibited from establishing a religion, mandatory or not.

Still, this is a foolish, wrong-headed decision that is contrary to the clear intent of the First Amendment, a statement I wish to make while I can.  If the Supreme Court ever applies this same reasoning to the freedoms of press and speech, the chance will have passed.

 

 

© 1997 – 2002 Brent Morrison

 

 

 

 
 

 

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