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FLASHLINE
HOUSE COMMITTEE VOTE ON RELIGIOUS FREEDOM AMENDMENT SCHEDULED FOR NEXT WEEK
The measure, introduced by Rep. Ernest Istook (R-OK) would "gut" the Establishment Clause of the First Amendment, and permit wider expression of sectarian religious belief in public schools and other secular institutions. It could also throw open the public treasury, and legalize taxpayer subsidies of "faith based" outreaches. Whatever the vote, RFA continues to be a religious litmus test for public office.
Web Posted: February 28, 1998
he House Judiciary Committee is expected to vote next week on a
controversial bill which would amendment the U.S. Constitution, and allow a
greater expression of religious belief and ritual in government. HJ Res 78,
known as the Religious Freedom Amendment, has been a major action item for
groups such as the Christian Coalition, which argue that it is necessary to
address a "climate of official hostility" toward religion by government and
other secular institutions. Critics argue, though, that the Amendment would
"gut" the Establishment Clause of the First Amendment, and allow practices
such as school prayer, religious instruction in classrooms and other invasive
activities -- effectively overturning nearly 35 years of state-church
separation decisions by the U.S. Supreme Court.
The RFA has undergone numerous revisions, and is the latest incarnation of
what was once called the Religious Equality Amendment when it was originally
proposed by the Christian Coalition. Various craftings of the legislation
have divided supporters, and HJ Res 78 is considered the version which stands
the best chance of passage.
Religious Freedom Amendment is sponsored by Rep. Ernest Istook (R-OK). It
reads:
"To secure the people's right to acknowledge God according to the dictates
of conscience: The people's right to pray and to recognize their religious
beliefs, heritage or traditions on public property, including schools, shall
not be infringed. The government shall not require any person to join in
prayer or other religious activity, prescribe school prayers, discriminate
religion, or deny equal access to a benefit on account of religion."
Next week's anticipated vote within the full House Judiciary Committee
marks the first time that body has considered the legislation; indeed, RFA and
the earlier writings of the Religious Equality Amendment have often languished
in that body, never making it to the floor of the Congress.
A Point of Contention Within the GOP
The Republican-controlled Judiciary Committee stands a good change of
passing the RFA and then sending in on for a full vote. But the proposed
amendment faces tough opposition on both sides of the hill, and votes are
probably not there for passage at this time. Why, then, would RFA supporters
be working so hard for a floor vote?
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The Religious Freedom Amendment has become a litmus test for loyalty to
the religious right (Christian Coalition) agenda within the GOP. When
Republicans took control of both houses of congress after the 1994 election --
the first time in four decades -- credit for many crucial victories was given
to the Christian Coalition, then under the leadership of the savvy Ralph Reed.
(Reed has since departed to open a political consulting group based in
Atlanta, but he remains on the Coalition board). The GOP victory has been
energized by the party's "Contract With America." The Coalition, however,
released it own "Contract With the American Family" that contained a more
religiously explicit agenda calling for "family friendly" legislation, a ban
on abortion, discharging gays from the military, and passage of the Religious
Equality Amendment.
Since then, however, religious right leaders such as James Dobson (Focus on
the Family) and Gary Bauer (Family research Council) have become increasingly
disenchanted with Republican leadership which, they insist, has sacrificed
principle for high-profile political gimmicks, and neglected the religious
evangelicals and fundamentalists within the party. Dobson recently expressed
his disapproval at a meeting of the semi-secret Council for National Policy,
accusing key Republicans such as House Speaker Newt Gingrich of "betrayal."
Next week's vote on the Religious Freedom Amendment could end up putting
pressure on Mr. Gingrich to schedule the legislation for a full House vote. A
reluctance to do so may signal growing tensions between GOP leaders and the
party's religious rank-and-file.
- Even if the RFA meets its demise on the floor of the House,
Representatives' votes on the amendment are sure to be including in
forthcoming versions of the Christian Coalition's disingenuous "voters guides"
and other electioneering materials. Critics have charged that the Coalition
oversimplifies legislators' votes on key issues and that its propaganda is
distinctly partisan -- a charge made in the Federal Election Commission's suit
against the CC. Any Representative voting "no" on Religious Freedom Amendment
is sure to be cast as being "against school prayer" or "hostile toward
expressions of faith in the public square" in the next elections.
"Getting congress on the record" is an ancillary benefit even if the
Religious Freedom Amendment is defeated.
Learning More -- And Expressing Your View
Background on the Religious Freedom Amendment is widely available through
news sources on the world wide web, including this American Atheists site. Also, for an analysis of different "special rights" legislation, check out "ALPHABET SOUP" at the American Atheist Magazine web site.
Mr. Istook's office has established a pro-RFA site at
http://religiousfreedom.house.gov. There are also other resources, including
the C-SPAN website and All Politics which can be reached through Cable News,
cnn.com.
A convenient way of reaching House Judiciary Committee members is through
the Capitol Hill Switchboard at 202-225-3121.
Points To Consider
Atheists, freethinkers and state-church separationists need to watch
closely any legislation which threatens the "wall of separation" between
government and religion. Among the issues raised by this sort of legislation:
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IS IT REALLY NECESSARY?
Both freedom of and freedom from religion are guaranteed by the First
Amendment to the U.S. Constitution, a system which despite flaws has worked
well for over two centuries. In the last 35-years, key legal decisions
regarding school prayer and other forms of government entanglement with
religion -- MURRAY v. CURLETT, ENGEL v. VITALE, LEE v. WEISMAN and many others
-- have helped to define the proper role of private religious groups and
public institutions. Do we really want to tamper with this? Much of this
legislation protects not only religious minorities, but children who come from
atheist and non-believer families. Why should these youngsters be pressured
in any way and at any time in public schools to participate in religious
ritual?
- "RELIGIOUS FREEDOM" ADVOCATES OFTEN DISTORT THE RECORD.
If you follow our coverage of this amendment on the American Atheist web
site, you'll see that many of the "horror stories" alleged by the Christian
Coalition and its allies which supposedly necessitate this brash action are
exaggerations or clear misrepresentations of fact. Legitimate problems,
though, can often be addressed through existing laws. Religious individuals
and groups have plenty of time to worship or appease the god(s) of their
choice; and there are over 350,000 churches, mosques, temples and other venues
for them to do so. Why should religion be made a matter for government, and
be carried into secular, public institutions?
- "RELIGIOUS FREEDOM" BOOSTERS DISTORT THE EFFECT OF THEIR
PROPOSALS.
RFA has been accused of paying lip service to state-church separation (by
prohibiting, for instance, compulsory prayer or government composed prayers).
But the effect is often to create a climate within schools or other public
institutions where nonbelievers, even those of minority faiths, are
ostracized, bullied and coerced into participating in a majoritarian prayer.
While it is true that RFA would legitimize "student led" or "student
initiated" prayer, this religious activity is often not promoted even by a
majority of students. Besides, do we want to send the message that any prayer
or religious ritual must always be acknowledged -- whether supported by a
majority, or even one student? Religious belief and ritual can often divide
any group; students, especially those in lower grades, are vulnerable to peer
pressure and other forms of bullying. Classrooms shouldn't be disrupted by
questions about prayer or other religious ritual.
- IS IT ''WELFARE FOR THE CHURCHES" OR WORSE?
The final words of the proposed measure states that religious groups may
not be denied a "benefit" on account of their faith. Critics have charged
that this is perhaps the most dangerous part of the measure, one which would
open the floodgates for public funding of religion-based outreaches --
religious schools, social services and other activities.
This would, in effect, compel millions of atheists to subsidize religious
activities through their taxes. Clearly, this goes against not only two
centuries of American history, but a widely acknowledged appreciation that no
person should be compelled to support a particular religious faith, or
religion in general. It is no exaggeration to suggest that these sorts of
measures would result in a "scramble for public dollars." American Atheists
National Media Coordinator Ron Barrier has charged that this provision of the
Religion Freedom Amendment established "a raiding party on the public treasury
led by the Christian Coalition and other religious groups."
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