Archives for category: Separation of church and state

Katherine Stewart is the nation’s leading chronicler of Christian nationalism and the religious right. Her latest book, The Power Worshippers, is a must-read; I reviewed it in The New York Review of Books. This article appeared in The New York Times. It is an alarming and well-documented analysis of the religious zealotry and intolerance that propels Trumpism. Josh Hawley is competing with the loathsome Ted Cruz to be the next Trump.

In today’s Republican Party, the path to power is to build up a lie in order to overturn democracy. At least that is what Senator Josh Hawley was telling us when he offered a clenched-fist salute to the pro-Trump mob before it ransacked the Capitol, and it is the same message he delivered on the floor of the Senate in the aftermath of the attack, when he doubled down on the lies about electoral fraud that incited the insurrection in the first place. How did we get to the point where one of the bright young stars of the Republican Party appears to be at war with both truth and democracy?

Mr. Hawley himself, as it happens, has been making the answer plain for some time. It’s just a matter of listening to what he has been saying.

In multiple speeches, an interview and a widely shared article for Christianity Today, Mr. Hawley has explained that the blame for society’s ills traces all the way back to Pelagius — a British-born monk who lived 17 centuries ago. In a 2019 commencement address at The King’s College, a small conservative Christian college devoted to “a biblical worldview,” Mr. Hawley denounced Pelagius for teaching that human beings have the freedom to choose how they live their lives and that grace comes to those who do good things, as opposed to those who believe the right doctrines.

The most eloquent summary of the Pelagian vision, Mr. Hawley went on to say, can be found in the Supreme Court’s 1992 opinion in Planned Parenthood v. Casey. Mr. Hawley specifically cited Justice Anthony Kennedy’s words reprovingly: “At the heart of liberty,” Kennedy wrote, “is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” The fifth century church fathers were right to condemn this terrifying variety of heresy, Mr. Hawley argued: “Replacing it and repairing the harm it has caused is one of the challenges of our day.”

In other words, Mr. Hawley’s idea of freedom is the freedom to conform to what he and his preferred religious authorities know to be right. Mr. Hawley is not shy about making the point explicit. In a 2017 speech to the American Renewal Project, he declared — paraphrasing the Dutch Reformed theologian and onetime prime minister Abraham Kuyper — “There is not one square inch of all creation over which Jesus Christ is not Lord.” Mr. Kuyper is perhaps best known for his claim that Christianity has sole legitimate authority over all aspects of human life.

“We are called to take that message into every sphere of life that we touch, including the political realm,” Mr. Hawley said. “That is our charge. To take the Lordship of Christ, that message, into the public realm, and to seek the obedience of the nations. Of our nation!”

Mr. Hawley has built his political career among people who believe that Shariah is just around the corner even as they attempt to secure privileges for their preferred religious groups to discriminate against those of whom they disapprove. Before he won election as a senator, he worked for Becket, a legal advocacy group that often coordinates with the right-wing legal juggernaut the Alliance Defending Freedom. He is a familiar presenceon the Christian right media circuit.

The American Renewal Project, which hosted the event where Mr. Hawley delivered the speech I mentioned earlier, was founded by David Lane, a political organizer who has long worked behind the scenes to connect conservative pastors and Christian nationalist figures with politicians. The choice America faces, according to Mr. Lane, is “to be faithful to Jesus or to pagan secularism.”

The line of thought here is starkly binary and nihilistic. It says that human existence in an inevitably pluralistic, modern society committed to equality is inherently worthless. It comes with the idea that a right-minded elite of religiously pure individuals should aim to capture the levers of government, then use that power to rescue society from eternal darkness and reshape it in accord with a divinely-approved view of righteousness.

At the heart of Mr. Hawley’s condemnation of our terrifyingly Pelagian world lies a dark conclusion about the achievements of modern, liberal, pluralistic societies. When he was still attorney general, William Barr articulated this conclusion in a speech at the University of Notre Dame Law School, where he blamed “the growing ascendancy of secularism” for amplifying “virtually every measure of social pathology,” and maintained that “free government was only suitable and sustainable for a religious people.”

Christian nationalists’ acceptance of President Trump’s spectacular turpitude these past four years was a good measure of just how dire they think our situation is. Even a corrupt sociopath was better, in their eyes, than the horrifying freedom that religious moderates and liberals, along with the many Americans who don’t happen to be religious, offer the world.

That this neo-medieval vision is incompatible with constitutional democracy is clear. But in case you’re in doubt, consider where some of the most militant and coordinated support for Mr. Trump’s postelection assault on the American constitutional system has come from. The Conservative Action Project, a group associated with the Council for National Policy, which serves as a networking organization for America’s religious and economic right-wing elite, made its position clear in a statement issued a week before the insurrection.

It called for members of the Senate to “contest the electoral votes” from Georgia, Pennsylvania, Michigan and other states that were the focus of Republicans’ baseless allegations. Among the signatories was Cleta Mitchell, the lawyer who advised Mr. Trump and participated in the president’s call on Jan. 2 with Brad Raffensperger, Georgia’s secretary of state. Cosignatories to this disinformation exercise included Bob McEwen, the executive director of the Council for National Policy; Morton C. Blackwell of The Leadership Institute; Alfred S. Regnery, the former publisher; Tony Perkins, president of the Family Research Council; Thomas Fitton of Judicial Watch; and more than a dozen others.

Although many of the foot soldiers in the assault on the Capitol appear to have been white males aligned with white supremacist movements, it would be a mistake to overlook the powerful role of the rhetoric of religious nationalism in their ranks. At a rally in Washington on Jan. 5, on the eve of Electoral College certification, the right-wing pastor Greg Locke said that God is raising up “an army of patriots.” Another pastor, Brian Gibson, put it this way: “The church of the Lord Jesus Christ started America,” and added, “We’re going to take our nation back!”

In the aftermath of the Jan. 6 insurrection, a number of Christian nationalist leaders issued statements condemning violence — on bothsides. How very kind of them. But few if any appear willing to acknowledge the instrumental role they played in perpetuating the fraudulent allegations of a stolen election that were at the root of the insurrection.

They seem, like Mr. Hawley himself, to live in a post-truth environment. And this gets to the core of the Hawley enigma. The brash young senator styles himself not just a deep thinker who ruminates about late-Roman era heretics, but a man of the people, a champion of “the great American middle,” as he wrote in an article for The American Conservative, and a foe of the “ruling elite.” Mr. Hawley has even managed to turn a few progressive heads with his economic populism, including his attackson tech monopolies.

Yet Mr. Hawley isn’t against elites per se. He is all for an elite, provided that it is a religiously righteous elite. He is a graduate of Stanford University and Yale Law School and he clerked for John Roberts, the chief justice. Mr. Hawley, in other words, is a successful meritocrat of the Federalist Society variety. His greatest rival in that department is the Princeton debater Ted Cruz. They are résumé jockeys in a system that rewards those who do the best job of mobilizing fear and irrationalism. They are what happens when callow ambition meets the grotesque inequalities and injustices of our age.

Over the past few days, following his participation in the failed efforts to overturn the election, Mr. Hawley’s career prospects may have dimmed. Two of his home state newspapers have called for his resignation; his political mentor, John C. Danforth, a former Republican senator from Missouri, has described his earlier support for Mr. Hawley as “the biggest mistake I’ve ever made”; and Simon & Schuster dropped his book. On the other hand, there is some reporting that suggests his complicity in efforts to overturn the election may have boosted his standing with Mr. Trump’s base. But the question that matters is not whether Mr. Hawley stays or goes, but whether he is simply replaced by the next wannabe demagogue in line. We are about to find out whether there are leaders of principle left in today’s Republican Party.

Make no mistake: Mr. Hawley is a symptom, not a cause. He is a product of the same underlying forces that brought us President Trump and the present crisis of American democracy. Unless we find a way to address these forces and the fundamental pathologies that drive them, then next month or next year we will be forced to contend with a new and perhaps more successful version of Mr. Hawley.

Good Jobs First has studied the distribution of COVID relief funds in depth. It created a site called COVID Stimulus Watch. It published an article about the depth of corruption in the Trump administration, which distributed COVID relief funds.

In this post, the researchers at Good Jobs First reveal the federal funding in the Paycheck Protection Program for all 50 states, distributed to charter schools, religious schools, and private schools.

As you review the funding for your own state, please bear in mind that public schools received an average of $134,500 each. Also, public schools were not allowed to apply for PPP funding. Charter schools were, however, allowed to get a portion of the public school funding and then to apply for PPP funding as if they were small businesses.

Check out your own state. You will find that elite private schools with high tuition and large endowments received grants that often were millions of dollars.

Last spring, when the pandemic began crippling the economy, Congress passed the $2.2 trillion CARES Act (Coronavirus Aid, Relief, and Economic Security Act). It was a rare moment of bipartisan action. Included in the act was the Paycheck Protection Program, which offered $660 billion to help small businesses weather an economic catastrophe in which many would be forced to close their doors and lay off their employees. The PPP would enable these businesses to pay their employees and survive the pandemic.

However, in the inevitable lobbying, someone added nonprofits to the list of organizations eligible to receive government aid under the PPP.

The PPP grants are called loans, but they are forgivable if used for payroll, rent, heating, and other expenses. It’s unlikely that any will be repaid.

Public schools were not eligible to apply for PPP, because they received a fund of $13.2 billion, which they were required to share with charter schools. Charter schools, however, were eligible to apply for PPP as “nonprofits,” meaning they could double dip into both funds. Over 1,200 charter schools got very generous payouts, with some collecting more than $1 million. The average public school received $134,500 from the CARES Act.

Private and religious schools flocked to the PPP and collected far more than public schools. An organization called Good Jobs First created a website called Covid Stimulus Watch to see who got the money. They estimated that private, religious, and charter schools collected nearly $6 billion from PPP, about six times more per school than public schools.

While the federal PPP was scooped up by charter schools, private schools, and religious schools, more than 110,000 restaurants closed, ending the employment and income of many hundreds of thousands of employees, while wiping out the life savings of thousands of owners.

To understand how incredibly generous the Treasury Department was in handing out PPP money to private and religious schools, you should review the list of grants that are attached, representing awards in four states: New York, Massachusetts, Ohio, and Michigan. You will be stunned to see the amounts collected by religious schools and elite private schools. The data were collected by Mellissa Chang of Good Jobs First. If you are wondering about your own state, you can contact her at mellissa@goodjobsfirst.org.

You can get the pdf for the New York data here.

You can get the pdf for the Massachusetts data here.

You can get the pdf for the Ohio data here.

You can get the pdf for the Michigan data here.

The Supreme Court has taken a dangerous rightwing turn since the addition of Trump’s three religious zealot. Poor Chief Justice John Roberts has lost control. He is no longer the deciding vote. In the latest decision, he joined with the Court’s three liberals in a vain effort to say that public health requires all of us to accept limits and restrictions, even houses of worship. Several people tweeted to tell me that their churches encouraged masks and social distancing. But many others do not. See the photograph in Mike Klonsky’s post of a Brooklyn synagogue where thousands of congregants were packed together, maskless.

Thousands of unmasked Hasidic sect members squeeze inside the Yetev Lev temple in Brooklyn for the wedding of a chief rabbi’s grandson. Similar weddings have been happening in Brooklyn for months in violation of city ordinances — with precautions such as covering windows with paper and guards at the doors in case an inspector shows up to keep them from being detected.

The Supreme Court’s 5-4 midnight ruling, which prevents New York city and state officials from imposing limits on the Roman Catholic Diocese or Brooklyn’s Hasidic sect during the pandemic, had little to do with the broad issue of religious freedom. Rather it was a signal to Trump’s MAGA death cult and his evangelical base that the extreme right-wing majority, led by DT’s newly-appointed religious cultist, Amy Coney Barrett, was on the job and will be for decades to come. 

The Court already ruled that a baker in Colorado did not have to bake a wedding cake for a gay couple. What will the Court rule when a shopkeeper refuses to serve women or blacks or Jews because of his religious beliefs? This Court is certain to say that religious beliefs “trump” civil rights law.

This case will go to the U.S. Supreme Court, which is now packed with justices who want to tear down the “wall of separation” between church and state. Kavanaugh, Gorsuch, Barrett, Thomas, and Alito, possibly Roberts, are likely to agree that Maine cannot deny funding to religious schools. Espinosa v. Montana set the stage for the next school funding decision; that ruling said that if a state funded any nonpublic schools, it must all nonpublic–including religious–schools.

FEDERAL APPEALS COURT UPHOLDS MAINE’S DECISION NOT TO SEND PUBLIC EDUCATION FUNDS TO RELIGIOUS SCHOOLS
The U.S. Court of Appeals for the First Circuit has rejected a challenge to the state of Maine’s decision not to use public education funding to pay for tuition at private religious schools, preserving Maine’s efforts to prevent public funding of religious education. Public Funds Public Schools filed amicus briefs in the case – Carson v. Makin – to support the Maine law. 

The Institute for Justice, a group of pro-voucher lawyers behind the Carson v. Makin litigation, has vowed to ask the U.S. Supreme Court to review the First Circuit’s ruling. PFPS will continue to support the law before the U.S. Supreme Court, if necessary. 

Maine’s constitution, like those in all 50 state
s, contains an affirmative obligation on the state to maintain and support a system of free public education available to all children. To carry out this mandate, for nearly 150 years the Maine Legislature has permitted local school districts that do not operate their own public schools for geographic or historical reasons to pay tuition to approved, nonsectarian private schools for resident children.

Participating private schools must comply with a host of legal requirements to ensure they meet state standards for an appropriate, nondiscriminatory education.

The First Circuit rejected prior challenges to the Maine law in 1999 and 2004, and Maine’s highest state court rejected similar claims in 1999 and 2006. In 2018, Institute for Justice lawyers filed yet another lawsuit in the federal courts seeking to overturn Maine’s decision not to include private schools offering religious instruction in the state’s tuition program. 


In Carson v. Makin, the Institute for Justice argued that recent U.S. Supreme Court decisions, including Espinoza v. Montana Department of Revenue, which upheld a private school voucher program that included religious schools, required overturning Maine’s law. However, the Maine federal district court held that the state’s exclusion of religious schools from the tuition program did not violate the free exercise of religion and other rights guaranteed by the First and Fourteenth Amendments to the U.S Constitution. 


The PFPS amicus brief to the First Circuit emphasized Maine’s compelling interest under its state constitution in providing a free public education to all Maine children in schools that comply with state standards, including the requirement that they not engage in religious instruction. PFPS further argued that including religious schools would undermine Maine’s carefully limited program designed to provide a publicly funded education in the narrow circumstances where a district-operated secondary school is unavailable. 

The brief also detailed how including religious schools in the tuition-based program would divert significant funding away from Maine’s already underfunded public schools. Finally, PFPS warned that because religious schools often discriminate based on a student’s religious faith, disability, sexual orientation and other factors, including these schools in the tuition program would entangle Maine in regulating matters of religion or result in using taxpayer dollars to fund discrimination.


The First Circuit’s opinion upholding the Maine law explained that: “[g]iven limited public funds, the state’s rural character, and the concomitant scarcity of available public school options for residents of many [districts], we do not see why the Free Exercise Clause compels Maine either to forego relying on private schools to ensure that its residents can obtain the benefits of a free public education or to treat pervasively sectarian education as a substitute for it.”


“The First Circuit’s ruling is a powerful affirmation of Maine’s longstanding decision not to use limited taxpayer dollars to pay tuition at schools that do not provide a secular education meeting state standards to all children, free from discrimination,” said Jessica Levin, ELC Senior Attorney and PFPS Director. “We stand ready to push back efforts to divert Maine’s public funds to religious schools.”


For more information on voucher litigation and PFPS amicus briefs, visit the Litigation page of the PFPS website.


Press Contact:Sharon KrengelPolicy and Outreach DirectorEducation Law Center60 Park Place, Suite 300Newark, NJ 07102973-624-1815, ext. 24skrengel@edlawcenter.org

Steve Hinnefeld, a regular commentator on education in Indiana, regrets that Amy Coney Barrett was not asked about vouchers during her hearings.

He notes that she served on the board of a Catholic school in Indiana that received state voucher funds and that openly discriminated against same-sex families.

Barrett served from 2015-17 on the board of Trinity School at Greenlawn, a South Bend Catholic school, the New York Times reported. Trinity had a policy during Barrett’s time on the board that effectively prohibited same-sex couples from enrolling their children in the school, according to the Times.

That would seem to cast doubt on Barrett’s claim in her confirmation hearing that she had “never discriminated on the basis of sexual preference” and would not do so. It also raises policy questions about whether publicly funded institutions should practice discrimination.

Katherine Stewart and I were invited by the Massachusetts Historical Society to discuss the assault on public schools by the religious right, libertarians, billionaires, and entrepreneurs.

Stewart is the author of an important new book called The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism.

Since Massachusetts was the birthplace of public schools, it was a fitting venue for our conversation.

Webinar recorded 30 September 2020 — Will Public Education Survive?: A Look at the Threats to Education Systems from Privatization and Religious Nationalism with Katherine Stewart and Diane Ravitch, New York University The rise of the Religious Right has coincided with the privatization movement in public schools. While some may feel that this is coincidental, there is reason to believe there is a directly causal relationship between these two factors. Two scholars, from different disciplines, will discuss how their work comes together to help explain the history and current state of efforts to diminish, if not dismantle, the American public education system. Katherine Stewart has written on the rise and increasing power of the Religious Right in her book The Power Worshipers. She will be joined by Diane Ravitch who has written extensively on education and, in her recent book Slaying Goliath, explores the history of the school privatization movement and the efforts to oppose it.

URL

One week today, I will participate in a statewide Zoom meeting with education activists in Texas, hosted by Pastors for Texas Children.

It is a fundraising event for the important work of Pastors for Texas Children, which is a great friend to the five million children who attend public schools in Texas. PTC has been a powerful force in the effort by parents and civil groups to block vouchers in Texas. They have done this by reminding people that separation of church and state is the best protection of religious liberty and that we all have a civic duty to support our community public schools and make them better for all children. PTC, in addition, has helped to organize similar organizations in other states where public schools are under assault by privatizers.

Peter Franchot, the State Comptroller of Maryland, wrote in the Washington Post that many small businesses are failing and need government aid to survive. Main Street, he warns, is at risk of turning into a ghost town.

He wrote:

The scene on Main Street America is bleak.

Darkened storefronts adorned with “Closed” and “For Lease” signs have become common sights in both urban and rural areas.

Maryland is no exception. From my hometown in Takoma Park to the bucolic charm of Chestertown, many businesses have shuttered or are hanging on for dear life.

But wait! Didn’t the first and only bailout include $660 billion to rescue small businesses? It was administered by the Small Business Administration. What happened to the money?

Thanks to ProPublica, there is a link to a search engine to see where the money went. You will be surprised to see that billions went to religious organizations, private schools, and charter schools.

In the search engine, type in “religious organizations.” You will see that federal aid went to churches and synagogues representing a wide variety of sects. One of the largest grants–$5-10 million–went to Joyce Meyer Ministries. I scanned the site and noticed that her educational background consists of three honorary doctorates from religious institutions of higher education. She is a “charismatic Christian” who spreads the gospel. Is her ministry worthier and needier than hardware stores, restaurants, and other Main Street businesses? I don’t object to Mrs. Meyer, but I do object to federal aid for religious groups.

What happened to separation of church and state? Why was the Trump administration dispensing millions to religious groups while small businesses were teetering on the brink of bankruptcy? When did it become the role of the federal government to bail out churches, synagogues, religious schools, and religious organizations?

Paul Dorr is a little-known figure who has led numerous successful campaigns against bond issues in rural America over the past 25 years. He opposes public education. He believes that all education should be centered in religion and the church. Dorr is also active in opposing abortion and supporting gun rights. He burns books that he does not approve of.

A viral Facebook video offers some clues. It shows Paul Dorr, father of Aaron, Ben and Chris Dorr, burning books he checked out from a local library. 

It turns out the elder Dorr educated his 11 children at home, and took them along to protest outside abortion clinics as part of Operation Rescue.

Like his sons, Paul Dorr is active in politics. He’s developed a reputation as a fierce opponent of public schooling and works as a hired gun to help defeat school bond referendums across the Midwest.

But as Paul Dorr says, his reason for attacking public schools is “almost always not my client’s reason.” His clients may simply want to keep property taxes low.

But Paul Dorr’s plan is to eliminate public education entirely – to see the public education system “one day be gone, and restore education back into the hands of families, the parents and the Christians.”

This article describes his efforts to defeat a school bond issue in Worthington, Minnesota, intended to build a new high school.

Paul Dorr is:

…a vehement opponent of public schools and supporter of religious-centric home-schooling who’s led campaigns that have helped defeat scores of bond issues in nine states — mostly in the upper Midwest — for the past 25 years. “Public education is a sin against God,” he has said. 

In the election season three years ago, Dorr was working as the communications consultant for a group called the Worthington Citizens For Progress Committee. It had created the flier. 

Dorr would eventually sharpen the anti-school-bond group tactics with a Facebook page, website, videos and memes to target local businesses, politicians and media. 

The material accused the school district of exaggerating the harm if the bond didn’t pass. It claimed the school board was mismanaging money and was incompetent, even deaf. The committee encouraged people not to eat at restaurants where school bond information was displayed and wrote critically about business leaders who supported the new school.

Dorr, who doesn’t live in Worthington — or in Minnesota, for that matter — was deploying tools of attack that seemed more fitting for political combat on a national stage, not a school bond vote in the American countryside. People were stunned.

Two months after the first signs of Dorr at King Turkey Day, the district lost its referendum vote — the first of four failed attempts between the fall of 2016 and the winter of 2019 to raise taxes for a new school.