hursday, June 18, 1999 may well be considered "Black Thursday" for the First Amendment separation of church and state. News coverage focused on the passage in the House of Representatives of legislation dubbed "The Ten Commandments Defense Act." Introduced by Rep. Robert Aderholt (R-ALA.), this measure permits the states to order the display of the Ten Commandments in public school classrooms and other government venues. Aderholt had already succeeded last year in having congressional representatives and senators pass a non-binding resolution which defended similar display of the Decalogue, a move considered in support of Alabama county Judge Roy Moore. Like Aderholt, Moore has attracted national attention for his combative policies of mixing government and religion, specifically his practice of displaying a Commandments plaque in his courtroom and opening judicial proceedings with an invocation.

   Aderholt's measure was attached as an amendment to the Child Safety and Protection Act; it cleared the House on a roll call vote 248-180.

   But while attention was focusing on the Ten Commandments issue, other dangerous legislative items were clearing the House. In all, 44 amendments were offered to the Protection Act calling for government mandated ratings of movies, videos and games to tougher penalties for juvenile crime offenders. One capitol hill observer suggested that the bill had become "a catchall for everyone's agenda."

    Among the other noteworthy items being approved by the House of Representatives yesterday:

   ¶    The Souder Amendment (H.AMDT.201, introduced 6/17/99, #29) would "allow governmental entities that make grants to nongovernmental entities to also make grants or enter into contracts with religious organizations." Versions were also proposed earlier in connection with H.R.1501. The measure "Expands the principle of nondiscrimination against faith-based organizations that desire to compete to provide services consistent with the goals of juvenile justice programs," and "Prohibits the Office of Juvenile Justice and Delinquency Prevention (OJJDP) from producing literature, curriculum, etc., which 'undermines or denigrates' the religious beliefs of any juvenile or adult in programs authorized in this bill."

   The amendment was introduced by Rep. Mark Souder (R-Ind. 4th District) who was first elected to Congress in the 1994 GOP takeover on the hill. Souder had held several previous positions working for Rep. Dan Coats (R-Ind.) and a Republican Staff Director for the House Select Committee on Children, Youth and Families. The amendment is one of several legislative efforts, including the American Community Renewal Act, which seeks to permit the granting of public funds to "faith-based" programs, particularly those focusing on drug and alcohol rehabilitation.

    The Souder amendment passed the House 346-83.

   ¶    Another amendment was offered by Congressman Jim DeMint (R-S.C., 4th District). This measure "disallows attorney fees in any action claiming that a public school or its agent violates the constitutional prohibition against the establishment of religion by permitting, facilitating, or accommodating a student's religious expression." The measure makes it impossible to recover costs of litigation even when schools violate the law in respect to "student-led" religious proselytizing, and is clearly meant to have a chilling effect on First Amendment court challenges. Historically, attorneys and groups who have taken on cases challenging coercive school prayer or similar violations were able to cover filings costs and other damages. The DeMint amendment is specifically targeted at Establishment Clause cases, and could discourage parents and separationists organizations from challenging unconstitutional, illegal school practices. There would be less risk for schools which decide to flaunt guidelines on religious proselytizing in schools, since they would not be required to reimburse plaintiff's expenses.

   The DeMint amendment cleared the House of Representatives 238-189.

   ¶   Separationists also need to monitor the so-called Fletcher Amendment, introduced by Kentucky 6th District Republican Ernie Fletcher. This measure "authorizes block grant funding to establish partnerships between State and local agencies for character education programs that incorporate elements of good character including honesty, citizenship, courage, justice, respect, personal responsibility, and trustworthiness." The amendment did not specifically mention prayer or religious instruction, and passed by a whopping 422-1.

   "Character" programs and education schemes have become a magnet for religious groups; in Florida, for instance, a "Character First!" program has been authored by religious fundamentalists. While there are some secular programs, church-affiliated groups have often used the "character" agenda to inject religious topics and ideas into the classrooms.

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