It’s always time to pray. And this political season makes
the need even more urgent.
But today I’m talking about a specific threat to religious
freedom.
I got word yesterday from a friend about a situation at our
local school district board meetings. These meetings have begun with prayer
since the school district began. All of the board members (mostly not
conservative, or not as conservative as the population in our area) want to
keep the prayer. But they have been contacted by the Freedom from Religion Foundation
with the threat of a lawsuit if they continue to allow the meetings to open
with prayer. The district lawyer has recommended that they change from prayer
to a moment of silence, in an effort to avoid spending taxpayer money (that
should go to educating students) on defense against the lawsuit.
image from here |
My friend is recruiting people to attend the meeting and
recite The Lord’s Prayer (Matthew 6:9-13) during
the moment of silence.
For local readers who might be interested, the meeting is
this coming Monday, September 12th,
at 6:00 PM at the Instructional Support Center, 10300 Jones Road, Houston,
Texas.
There has been some back-and-forth on an email loop, which I’m
finding enlightening. I have a few overarching questions:
·
What religion is being established by the US
Government when a local independent school district in Texas has a prayer,
offered by citizens of various religions, to begin their public board meetings?
·
Why is the threat of a lawsuit treated as a
lawsuit lost?
·
Why are people who are so intolerant that they
organize and sue to stamp out any vestige of religion in their country—even in
a place where they are not present and have no interest—not held accountable
and thrown out of court for their attack on the Constitutional rights of law-abiding
citizens?
From my friend’s email, here is what we know so far (edited
to omit names):
At the last school district Board Meeting, the traditional
prayer was replaced by a Moment of Silence. When I asked why the change, I was told that the school district was
contacted by the Freedom from Religion Foundation and that they threatened the
school district with a lawsuit if they did not discontinue the prayer at the
Board meetings. Speaking with the Superintendent and the Board Chairwoman, I
was told that the Board was unanimously in favor of keeping the prayer;
however, the CFISD attorney recommended that the Board not put the taxpayers at
risk, therefore the Board decided to end the traditional prayer at the Board
meetings.
As a result of that decision, I have contacted several
organizations that specialize in religious liberty and found one, the American
Center for Law and Justice (Jay Sekulow’s Group), that was interested in the
issue, but needed to speak with someone from the Board, and I forwarded that
information to the school district attorney.
So far, I have gotten no update from the Board on this situation.
My friend explains how this foundation could even know
whether we have a prayer at these meetings:
In the State of Texas, School Boards in cities with a
population over 10,000 people are required to video their Board Meetings and
make them available to the public. This
makes it easy for groups like the Freedom from Religion Foundation to target
school districts even through the group doesn’t represent anyone within those
districts. The Superintendent told me
that our school district was the largest ISD [independent school district] in
the state that still had prayer as a part of the Board meetings.
I believe it is time that we stand up to liberal
organizations like the Freedom from Religion Foundation before they
systematically remove all mention of our nation’s religious heritage from our
schools.
There has been some communication since the first email with
the district lawyer. She says,
I will give the caveat that I think proliferation of a
discussion about planning to pray during the moment of silence could possibly
be used against the school district in the future unfortunately.
Another friend in the loop offered additional suggestions:
It would seem to me that if a group of citizens wish to
speak, as is always available on the school board agenda, at an open Board
meeting, and that speech is a prayer supporting the students, teachers, and
leaders of our community, that is a positive action for all.
The courts have routinely affirmed that if prayer or other
expressions of faith is student initiated, that is a clear First Amendment
right.
A group of us doing the same, expressing our faith in support
of the community at a Board meeting, is a parallel—citizen initiated. A simple,
routine traditional event in our culture.
Then if the Freedom from Religion Foundation wants to stop
it, they need to take action against our group and not waste tax payer money.
Obviously, they become the aggressor against first amendment rights. The Board
can be passive as the courts have repeatedly declared.
I think this writer has a good point. There is more that can
be done in future meetings. And there’s something to be said for citizen-led
action.
The lawyer does later respond to our current plans, with due
lawyerly concern:
The audience reciting a prayer during the moment of silence
gives me legal concerns for two reasons.
First, there is case law that invalidates moments of silence if they are
a pretense to prayer. If citizens
audibly pray during the designated silence, this could call the practice into
question and give rise to a challenge to its constitutionality. Second, the meeting of the Board is a meeting
in the public and not of the public. As
such, we routinely admonish audience members who interject during the
meeting. If we allowed audience members
to recite prayers during the moment of silence, but did not allow other types
of speech to be interjected during the meeting, I am concerned this could be
challenged as an endorsement/establishment of religious speech.
The first, about case law: I think that means the way
previous cases were ruled determines what the law is considered to be—rather than
what the law actually says. Our supreme law, in case you’ve forgotten
(apparently some judges have
forgotten), says, as the first point in the First Amendment, that the Congress
shall make no law that establishes a national religion, and Congress shall make
no law prohibiting the free exercise of religion. Courts, in theory, can only rule on what
the law is; they do not make it. So,
of course the judicial branch of the federal government can make no law
prohibiting the people in northwest Houston, Texas, from opening a public school
board meeting with prayer, as they have always done.
As to the second point, the public does have a process for
speaking at the meetings. It may require coming early enough to sign up to be
put on the agenda. A person could sign up, ask to be placed first on the
agenda, and then offer a prayer as their contribution to the meeting. Some
out-of-state group observing only online (and only for the purpose of finding something
to sue about) would have a hard time proving that the Board was complicit in
the supposed sin of allowing prayer, since the Board doesn’t know what anyone
is going to say until they get up to speak. Even if someone did that meeting
after meeting, to disallow that person to do it would be to presume the person
planned religious speech and disallow it on that basis, which would clearly
violate the First Amendment.
Another email from the group reminds us that the US House
has an Office of the Chaplain, and the House still opens its proceedings with
prayer.
It simply is not illegal to pray in a public setting in
America. It cannot even be claimed to be offensive to non-religious people who
aren’t present and don’t belong to the community.
So why give in to the threat?
Because justice in America is expensive. Deep pockets often
win over justice.
But we have a lawyer. I am making
assumptions here about this lawyer’s daily workload, but isn’t this what we
already pay her for?
Plus, my friend has already been recruiting nonprofit
experts, such as ACLJ, who take on just this kind of case. They are able to do their pro bono
work, because concerned citizens donate to the cause. (Just like concerned
atheists donate to the cause of trying to eliminate religion from America.) We
might be able to win justice without sacrificing taxpayer dollars intended to
educate students.
This Freedom from Religion Foundation has spent exactly
nothing threatening a lawsuit. The least we can do is let them spend their
hard-begged-for donations on an actual lawsuit. We shouldn’t get the vapors at
the first breath of a threat to our most essential basic freedom of belief.
image from here |
Maybe we should use that belief, and trust that our God is a
mighty God. We will honor Him. We will ask for His guidance in our Board
meetings and other public gatherings. And maybe He will help us fight this
battle.
It starts with a prayer, this coming Monday.
No comments:
Post a Comment