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DOUBLE JEOPARDY FOR SEPARATION: ISTOOK REINTRODUCES RELIGIOUS FREEDOM AMENDMENT

Web Posted: September 16, 1999

A constitutional amendment which would permit religious activities in public school classroom and other government venues has been reintroduced by Rep. Ernest Istook (R-Okla.). The Religious Freedom Amendment (H.J. Res. 66) is identical to earlier proposals promoted by Istook. It reads:

"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.

monthly special    Istook's amendment was formally unveiled yesterday at a prayer rally at the U.S. capitol which included religious leaders, political aides and evangelist William J. Murray, the son of missing Atheist Madalyn Murray O'Hair. O'Hair and her son were plaintiffs in the historic U.S. Supreme Court case MURRAY v. CURLETT which challenged orchestrated prayer and Bible verse recitation in the public schools. Along with a series of other case such as ENGEL v. VITALE and ABINGTON TOWNSHIP v. SCHEMPP, it helped to remove coercive religious ritual from the public classroom environment.

   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.

"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..."
Ellen Johnson, President
AMERICAN ATHEISTS

   Indeed, Republican leadership is scrambling to configure a strategy for the year 2000 races, which includes the contest for the White House. Today's edition of the Washington Post noted ("With Eyes on 2000, Congress Creates Issues but Not Laws") that for Republicans facing the next elections, their proposed $792 billion tax cut may be a centerpiece strategy.

   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..."


   Separationists, though, cannot take defeat of the Religious Freedom Amendment for granted. The outcry over tragic events like the shooting at Columbine High School in April, or yesterday's killings in a church in Texas, are fueling claims that "the nation needs prayer," and that more religion is necessary in public institutions. Congress already has voted for outrageous measures allowing for public funding of faith-based social programs and display of the Commandments. Pushing prayer in the public school classrooms may be the next step.




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