In City of Greece,
N.Y. v. Galloway, justices ruled 5-4 that offering sectarian prayers before
meetings didn’t automatically violate the First Amendment. The key, justices
said, is that these prayers don’t attempt to intimidate, coerce or convert
non-believers. In a weak attempt to place some limits on this misguided ruling,
justices also said that prayers that “denigrate non-believers or religious
minorities, threaten damnation or preach conversion” might not pass
constitutional muster.
I am a Christian. I
believe in God. But when it comes to First Amendment issues – especially
freedom of speech and freedom of religion -- I’m an absolutist. If a local
government wants to put a copy of the Ten Commandments in the courthouse, I
have no issue with that – so long as people from other faiths have an
opportunity to post Scripture from their holy books. That means everyone –
Christians, Wiccans, Satanists, even atheists. Either everyone is given the
same opportunity to post what they want, or to lead prayers before government
meetings, or no one should be allowed to do so. It’s that simple.
The problem with
the Court’s ruling is that it is largely unenforceable. Justices said public
prayers shouldn’t “attempt to intimidate, coerce or convert non-believers.”
They said prayers that “denigrated non-believers or religious minorities,
threatened damnation or preached conversion” could be ruled unconstitutional.
But who now is to define what counts as intimidation or coercion? Who now is
going to define what counts as “denigrating non-believers and religious
minorities? With this ruling, the Court has effectively maintained the status
quo. Justices have virtually guaranteed that things will remain unchanged, with
religious minorities and non-believers being subjected to prayers that might
make them uncomfortable. Only this time, those who are offended or made
uncomfortable will have little legal recourse.
With this ruling,
justices have opened Pandora’s Box. How long do you think it will be before
local governments nationwide use the ruling to begin posting copies of the Ten
Commandments in courthouses, or even Bibles on the courthouse lawn? Does anyone
think that members of religious minorities and non-believers will be afforded
the same opportunity? Right. I wouldn’t hold my breath. It’s unfortunate that so many Americans are laboring under the illusion that the United States is a Christian nation that was founded on Christian principles. We are not. We never have been. Look at our early history. Our founders were largely Deists. They believed in God, but not much else. Thomas Jefferson even tore his Bible apart and removed all references to miracles and the supernatural, creating the so-called “Jefferson Bible.” At least two of the earliest states – Maryland and Rhode Island – were founded specifically to protect religious freedom – Maryland to protect Catholics and Rhode Island for Baptists.
The point is, our founders never intended to create a strictly Christian nation. They understood the dangers of establishing a state religion. And they believed that one’s faith – or lack of faith – was a matter of conscience.
Today, we are a nation that enjoys a greater degree of religious freedom than any other nation in the world. We may not always agree with each other, but unlike many other countries, we live and work peacefully beside each other. Our freedom to choose – to believe or not to believe – has resulted in a breathtaking diversity of faiths. It’s that freedom of conscience and that diversity that this ruling is seeking to undermine, and it is that freedom that must be protected.
