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FLASHLINEDOUBLE JEOPARDY FOR SEPARATION: ISTOOK REINTRODUCES RELIGIOUS FREEDOM AMENDMENT
Web Posted: September 16, 1999
"To secure the people's right to acknowledge God according to the dictates of conscience: Neither the United States nor any State shall establish any official religion, but the people's right to pray and to recognize their religious beliefs, heritage, or traditions on public property, including schools, shall not be infringed. Neither the United States nor any State shall require any person to join in prayer or other religious activity, prescribe school prayers, discriminate against religion, or deny equal access to a benefit on account of religion." "Here we go again!" said Ellen Johnson, President of American Atheists. "Istook and friends go to considerable length in the wording of this bill to pay lip service to the separation of church and state, then demolish the protections of the establishment clause." Istook's proposal appears today as an untitled amendment on the Thomas website which tracks legislative proposals. As a constitutional amendment, the measure would require approval by a two-thirds vote in the U.S. House of Representatives and the Senate, followed by ratification of three-fourths of state legislatures within a seven year period. An identical version of Istook's legislation under the title of the Religious Freedom Amendment was turned down by the House on June 4, 1998. There were 203 NO votes, with 224 representatives voting YES. While short of the two-thirds margin required for passage, the vote was nevertheless a victory for school prayer boosters; no similar measure had made it that far through the legislative process since the early 1960s.
None of these cases, though, denied youngsters or anyone else the right to pray in schools, as long as they did so on their own time and in a non-coercive way. The Clinton administration issued guidelines on religious activity in public schools in 1995, noting: "The Establishment Clause of the First Amendment does not prohibit purely private religious speech by students." The Religious Freedom Amendment goes beyond the notion of "private" religious speech and contemplation. The measure could allow orchestrated prayer in classrooms, and at athletic events or other official school activities when ostensibly led or initiated by students. Critics warn that it would also permit the display of sectarian religious symbols such as the Ten Commandments in schools, courtrooms, lobbies and offices of government buildings and other public venues. The "benefits" section of RFA is seen by some as a possible justification for public funding of faith-based outreaches and social programs.
WHY THIS? WHY NOW? Istook's move to reintroduce the RFA comes at a peculiar time; the political complexion of the House of Representatives has not changed since June, 1998, and there is little evidence that the measure, as written, would succeed in Congress. Behind the scenes, though, the RFA remains a hot-button issue with many fundamentalists and evangelicals in the Republican party's right wing. Lately, there have been fears within this group that GOP leadership is putting the culture war agenda on the back burner.
Religious right groups can be expected to use the RFA as a litmus test along with other culture war issues -- abortion, pornography, gay rights and vouchers -- for supporting candidates in the 2000 races. The stakes are considerable; for the first time since the 1952 races, control of the White House, U.S. Senate and the House of Representatives are up for grabs. In addition, the next president could select at least three of the justices to the U.S. Supreme Court, and make dozens of other key judicial appointments. The Post notes: "This phenomenon is especially intense in the House, where a tiny five-vote majority has made it impossible for House Speaker J. Dennis Hastert (R-Ill.) to push major legislation without fracturing his ideologically diverse caucus and risking humiliating defeats..."
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