Archives for category: Separation of church and state

Perhaps you laughed, perhaps you were astonished when you read that Republicans in Ohio in the House voted for a law that would allow a student’s religious beliefs to give the wrong answers on science tests.

Peter Greene shows that the proposed bill is even worse than we thought.

He begins:

It’s called the “Ohio Student Religious Liberties Act of 2019” and it sets out to accomplish a few things:

It removes the limits on exercising expression of student religious beliefs. The old, struck-out language  said the board of education could limit said expression to lunch period or other noninstructional time. That’s the piddly stuff.

Under the new language, “religious expression” (the stuff no longer limited to non-instructional time) includes prayer, gatherings (clubs, prayer groups, etc), distribution of written materials, and, well, anything religious, actually, including wearing religious gear or “expression of a religious viewpoint” (as long as it’s not obscene or indecent or vulgar). Cue the Church of the Flying Spagetti Monster and the local Satanic Temple; if a student offers a prayer to Satan in the middle of English class and some Christians in the class find that indecent and vulgar, can it be suppressed? Congratulations to the first batch of lawyers and judges that are going to have to sort this out. Double congratulations to whatever government body ends up being responsible for determining which religions are state-certified to be protected under this law.

Students hall have access to school facilities before, during and after school that school hours to the same extent that secular activities may do so. Place your bets now on how many schools will simply ban all before and after school activities in order to sidestep this.

Forget about separation of church and state. The Good News evangelicals will convene their meetings in the middle of math and science classes.

The Founders were wiser than we when they sought to separate church and state, to be sure that every individual was free to practice their own religion (or lack thereof) in their own way outside of the public school.

Thus continues our nation’s slide into a pit of religious intolerance and invasions of religious liberty, all–ironically– in the name of religious freedom.

Do not read this post by Peter Greene unless you are a Christian. Do not read it unless you are a Dominionist and believe in the battle to advance God’s kingdom on this earth.

You see, our Secretary of Education Betsy DeVos just won an award for her work on behalf of God.

Peter Greene writes:

“Dominionism argues that the US should be a literal Christian nation, its government run by Christians. It comes in varying degrees of severity, with varying amounts of nationalism mixed in. One of the major proponents of American (i.e. US) dominionism was D. James Kennedy, a minister and broadcaster in Florida. Sample quote: To be a true Christian citizen means to “take dominion over all things as vice-regents of God.” Or there’s this one:

“Our job is to reclaim America for Christ, whatever the cost. As the vice regents of God, we are to exercise godly dominion and influence over our neighborhoods, our schools, our government, our literature and arts, our sports arenas, our entertainment media, our news media, our scientific endeavors—in short, over every aspect and institution of human society….

“It’s a view that represents what we think of as the culture wars, only on steroids. These are folks who see themselves as warriors for God, fighting to drive secularism and evil and wrong religions (like, you know, Islam) out of all aspects of US life….

“It should be said that plenty of folks within the Christian church are not fans of this stuff–but plenty of others are all too happy to see themselves as warriors for God, and many of those folks are in elected office right now. The Center stays in touch with many of these folks, holding Bible classes for Congress and support for those who are doing God’s work of reclaiming the seven mountains. The Center also gives out an annual award– the Distinguished Christian Statesman Award. You can see the kind of goals these folks support. Past recipients include Mike Pence, John Ashcroft, and Mike Huckabee. They just handed out the 2019 award.

“The recipient was Betsy DeVos.”

Forgive if I don’t applaud. As a Jew and a member of a very small minority, I find frightening this drive to restore the “Dominion.”

I believe in separation of church and state as the bulwark that protects religious freedom. That used to be the American Way, not the Amway.

 

 

 

 

Reverend Dawn Douglas Flowers of Madison, Mississippi, speaks out on behalf of public schools and the newly formed Pastors for MS Children.

Writing in the Mississippi Business Journal, Rev. Flowers makes the moral case for funding public schools and supporting their teachers. She writes that it is time to invest in our children, our families, and our teachers.

She writes:

I am the product of the Mississippi public school system.  Both of my parents were public school teachers in Mississippi, and my husband currently works within the public school system in Mississippi.  My three children are receiving their education within our public schools, and my oldest has been in 3 different public school districts since she began kindergarten. 

This is what I know.  My children are loved and supported by wonderful teachers, and are being shaped in a positive way by their experience within our community public schools.      

This is what I know.  90% of all school age Mississippi children are educated within our public schools.  Supporting public schools is a faithful response to my call as a person of faith to love my neighbor.  Every child has the right to an education and the best way for this to be fulfilled is for us to support public policies that ensure access for all children to free public school.

This is what I know.  Mississippi is not currently providing adequate funding to meet the needs of every child because Mississippi is not adequately funding our public schools. 

This is what I know.  In the last seven years, Mississippi public schools have suffered their worst underfunding ever.  By underfunding MAEP, our Legislature is fostering inequity, and every child in every community deserves equitable, fully funded public education.      

This is what I know.  Mississippi pays our teachers less than any of our neighboring states. 

This is what I know.  Funding matters.  I am always amazed at what our teachers and our schools do for our children with the limited resources available.  Just imagine what fully funded public schools and supported teachers could do.

Pastors for Texas Children has organized clergy across the south to advocate for children and public schools. The other bpnew organization is Pastors for North Carolina Children. These pastors are dynamic. They are motivated by love of God and people, and they can’t be stopped. They bear witness and demand justice. It is exciting to see them supporting the important American tradition of separation of church and state.

 

Jeffrey Toobin wrote a scathing analysis of a recent speech by Attorney General Bill Barr in The New Yorker magazine. Like Betsy DeVos, his colleague in Trump’s Cabinet, Barr believes that religious schools should be supported with public funds and that the failure to do so is religious discrimination.

He writes:

William P. Barr just gave the worst speech by an Attorney General of the United States in modern history. Speaking at the University of Notre Dame last Friday, Barr took “religious liberty” as his subject, and he portrayed his fellow-believers as a beleaguered and oppressed minority. He was addressing, he said, “the force, fervor, and comprehensiveness of the assault on religion we are experiencing today. This is not decay; this is organized destruction.”

Historically illiterate, morally obtuse, and willfully misleading, the speech portrays religious people in the United States as beset by a hostile band of “secularists.” Actually, religion is thriving here (as it should be in a free society), but Barr claims the mantle of victimhood in order to press for a right-wing political agenda. In a potted history of the founding of the Republic, Barr said, “In the Framers’ view, free government was only suitable and sustainable for a religious people—a people who recognized that there was a transcendent moral order.” Not so. The Framers believed that free government was suitable for believers and nonbelievers alike. As Justice Hugo Black put it in 1961, “Neither a State nor the Federal Government can constitutionally force a person to profess a belief or disbelief in any religion. Neither can constitutionally pass laws or impose requirements which aid all religions as against nonbelievers, and neither can aid those religions based on a belief in the existence of God as against those religions founded on different beliefs.” But the real harm of Barr’s speech is not what it means for historical debates but what it portends for contemporary government policy.

The real giveaway of Barr’s agenda came near the end of his speech when he said, with curious vagueness, “Militant secularists today do not have a live-and-let-live spirit—they are not content to leave religious people alone to practice their faith. Instead, they seem to take a delight in compelling people to violate their conscience.” What’s he really talking about here? Barr and the Trump Administration want religious people who operate businesses to be allowed to discriminate against L.G.B.T.Q. people. The Trump Justice Department supported the Colorado bakers who refused to make a wedding cake for a gay couple (in a case that the Supreme Courtbasically ducked last year), but more such lawsuits are in the pipeline. Innkeepers, restaurant owners, and photographers are all using the free-exercise clause of the First Amendment to justify their refusal to serve gay customers. This is Barr’s idea of leaving “religious people alone to practice their faith.” The real beleaguered minorities here are gay people who are simply trying to be treated like everyone else, but Barr twists this story into one about oppression of believers.

The heart of Barr’s speech is devoted to a supposed war on religion in education. “Ground zero for these attacks on religion are the schools. To me, this is the most serious challenge to religious liberty,” he said. He asserted that the problem is “state policies designed to starve religious schools of generally available funds and encouraging students to choose secular options.” Again, Barr engages in a measure of vagueness to obscure his real subject. Historically, parochial schools have flourished largely outside of government supervision and, just as important, without government funding. This reflects the core meaning of the establishment clause, which enshrines the separation of church and state.

But, in recent years, a key tenet of the evangelical movement (and its supporters, like Barr) is an effort to get access to taxpayer dollars. In a major case before the Supreme Court this year, the Trump Administration is supporting religious parents who want to use a Montana state-tax-credit program to pay for their children’s religious schools. This effort is also a major priority of Betsy DeVos, the Secretary of Education, who is pushing for the increased availability of taxpayer vouchers to pay for religious schools. Barr portrays these efforts as the free exercise of religion when, in fact, they are the establishment of religion; partisanship in the war between the religion clauses is one of the signatures of Trump’s tenure in office. Of course, the necessary corollary to providing government subsidies to religious schools is starving the public schools, which are open to all children, of funds. 

Perhaps the most galling part of Barr’s speech, under current circumstances, is its hymn to the pious life. He denounces “moral chaos” and “irresponsible personal conduct” as well as “licentiousness—the unbridled pursuit of personal appetites at the expense of the common good.” By contrast, “religion helps teach, train, and habituate people to want what is good.” Throughout this lecture, one can only wonder if William Barr has ever actually met Donald Trump.

 

Charles Foster Johnson, executive director of Pastors for Texas Children, delivered a powerful lecture at Baylor University on the importance of public schooling. 

PTC has been an important advocate on behalf of public schools in several states. It has led the successful effort to block voucher legislation in Texas by forging a coalition of urban Democrats and rural Republicans.

An account of the lecture said:

Public schools in the United States offer the “meeting place for widening diversity” where students learn to live with others who hold different views, a Baptist preacher and advocate for public education told a Baylor University gathering.

Charles Foster Johnson, executive director of Pastors for Texas Children, addressed “Religious Liberty, the Public School and the Soul of America” at the G. Hugh and Beverly C. Wamble Symposium, presented by Baylor’s J.M. Dawson Institute for Church-State Studies.

“I contend that public schools are the proving ground for religious liberty and church-state separation,” Johnson asserted.

In public school classrooms, students learn that their own religious beliefs are not to be given preference over the beliefs of their classmates, nor are their classmates beliefs to be preferred above their own, he said.

In an increasingly pluralistic society, understanding and honoring religious liberty may be more important than ever, he stressed.

“Our neighbor of another faith is right next to us now. … We share this absurdly small space called planet Earth, and we’ve got to learn to love each other,” said Johnson, former pastor of Trinity Baptist Church in San Antonio and Second Baptist Church in Lubbock. “One of the ways we do that is to accord every human being the freedom to follow God by the mandate of conscience.”

He decried any attempt to coerce compliance to any religion or compel religious expression.

“All faith in God is voluntary. If it is not voluntary, it is not faith,” he said.

 

 

October 3 should be interesting. Apparently it is “Bring Your Bible to School Day.”

Presumably, Muslim students will bring their Koran. Jewish students will bring a facsimile of a Torah. Mormon students will bring the Book of Mormon. And other religious groups will bring their sacred texts.

Will it remind everyone that religious activity belongs in houses of religious worship, not in the public school?

 

September 23, 2019

FOR IMMEDIATE RELEASE

Students Bring Bibles to School

 

COLORADO SPRINGS, CO — More than half a million students from across the United States will participate in the sixth annual Bring Your Bible to School movement on Thursday, October 3, 2019.

 

Though the First Amendment guarantees students the right to discuss their beliefs and read the Bible at school, Bring Your Bible to School day provides a unified opportunity for young people to share their faith at school without fear.

 

Throughout the day, students can share their experiences on Facebook, Twitter and Instagram using the hashtag #BringYourBible.

 

The Constitution allows students the religious freedom to bring their Bibles or other religious books to school and read them during free time. Students can even use the Bible in a class assignment if they do so in a way that is relevant to the subject matter and meets the requirements of the assignment. Students can voluntarily express their personal and religious beliefs to their classmates through verbal or written expressions if they follow school policy and do not engage in these activities during classroom or instruction time. The First Amendment also guarantees students the right to pray individually or in groups on school grounds during any non-instructional time. All students may express their opinions verbally or in writing before or after school, in between classes, during the lunch hour or on the playing field, according to the federal guidelines on prayer in public schoolsfound on Liberty Counsel’s website.

 

Liberty Counsel’s Founder and Chairman Mat Staver said, “Liberty Counsel supports all students who exercise their constitutional right to bring their Bibles to school on Bring Your Bible to School day and throughout the academic year. Schools must remain neutral towards any expression of a religious viewpoint and provide equal access to students exercising their right to freedom of speech by praying or reading the Bible during non-instructional time,” said Staver.

 

Liberty Counsel is a nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics. Liberty Counsel provides broadcast quality TV interviews via Hi-Def Skype and LTN at no cost.

Liberty Counsel, P.O. Box 540774, Orlando, FLORIDA 32854, United States

Bill Phillis of the Adequacy and Equity Coalition of Ohio fears that the Supreme Court’s conservative majority, to which Trump added two religious zealots, is on the verge of eliminating the separation of church and state. This would be a huge victory for Betsy DeVos, ALEC, and the anti-government crusaders of the Right. Some states—such as Ohio, Indiana, and Florida— have already decided to ignore their state constitutions, to fund religious schools with vouchers.

The irony is that vouchers are a lose-lose proposition. The public schools—attended by nearly 90% of all pupils—lose finding, lay off teachers, cut programs. The children take away a voucher worth $5,000-$7,000 and get a worse education than their public school peers.

Bill Phillis writes:

The U.S. Supreme Court is moving toward the concept of forcing states to fund private religious schools on the same basis as public schools
 
The so-called Blaine Amendments in the constitutions of 39 states prohibit the states from funding private religious schools. Pages 235 through 238 of the Ninth Edition of American Public School Law by Kern Alexander and M. David Alexander provide a succinct and thoughtful review of the background and implication of President Grant’s proposed amendment introduced by U.S. House Speaker James G. Blaine after the Civil War.
 
U.S. Secretary of Education Betsy DeVos has been heard to say that the constitutional provisions prohibiting the states from funding private religious schools are rooted in bigotry. She may have picked up on Justice Clarence Thomas’ assertions in Mitchell v Helms that if states don’t provide funds to religious schools they are manifesting hostility toward religion. Further Thomas asserted that the state’s constitutional provisions were subtle devices to deprive Catholic schools of public money; thus a manifestation of anti-Catholic bigotry.
 
The James G. Blaine family was Catholic. A close cousin established the Holy Cross Sisters. Neither he nor President Grant demonstrated any anti-Catholic biases. They were just attempting to unify the country after the Civil War. Grant believed the key to unity was a “common school education.”
 
The Blaine Amendment which merely prohibited public funds from flowing to religious schools, passed the House but failed in the U.S. Senate. Subsequently many states adopted constitutional amendments that accomplished the intent of President Grant’s proposal.
 
These “Blaine” provisions in the state constitutions are in accord with the first sentence in the Bill of Rights, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, …” There is no contradiction between the states’ constitutional provisions and the Bill of Rights; however, of late, the U.S. Supreme Court, contrary to earlier decisions, is advancing a different constitutional philosophy in Agostini (1997), Mitchell (2000), Zelman (2002), Davey (2004), and Trinity Lutheran (2017), all of which permit Congress and states to provide public funds to religious institutions and schools.
 
The U.S. Supreme Court has agreed to hear the Montana case in which the high court in Montana ruled against vouchers on the basis of its constitution’s prohibitions. If the Court rules against Montana, the “Blaine” amendments in the 39 states could be rendered invalid.
 
Montana’s constitutional prohibition of public funding to religious schools and other religious institutions is among the most stringent “no-aid clauses” in the nation. Article X section 6 states:
(1)   The legislature, counties, cities, towns, school districts, and public corporations shall not make any direct or indirect appropriation or payment from any public fund or monies, or any grant of lands or other property for any sectarian purpose or to aid any church, school, academy, seminary, college, university, or other literary or scientific institution, controlled in whole or in part by any church, sect or denomination.
(2)   This section shall not apply to funds from federal sources provided to the state for the express purpose of distribution to non-public education.
Notwithstanding the stringent nature of Montana’s “no aid” provision, a ruling against the Montana decision would affect states that have less stringent constitutional measures.

Great news from Tennessee!

The Speaker of the House, Glenn Canada, who rammed through a voucher bill, was replaced by Cameron Sexton, an anti-voucher Republican.

https://www.chalkbeat.org/posts/tn/2019/08/22/tennessee-is-about-to-replace-its-voucher-friendly-house-speaker-with-a-voucher-opponent/

Marta W. Aldrich of Chalkbeat reports:

The House overwhelmingly elected Rep. Cameron Sexton on Friday as its speaker to replace Glen Casada, who stepped down earlier this month. While both men are party loyalists, Sexton voted against the voucher bill that Casada strong-armed through the chamber before a series of scandals rocked him out of his leadership job….

Sexton has strong ties to public education. He attended schools in Knox County before graduating in 1989 from Oak Ridge High School in neighboring Anderson County, where he had access to foreign languages, advanced placement courses, and early college credits before heading to the University of Tennessee. His mother was a kindergarten teacher for more than 30 years, and his grandfather was a principal. He and his wife, Lacey, have chosen public schools for their own children.

That family history, he said, was likely a factor behind his consistent votes against voucher bills, but he cites philosophical reasons, too.

“We should do everything we can to improve all public schools in the state of Tennessee so they can be successful,” he said. “I would rather go that route than the voucher route.”

Pastors for Tennessee Children have been working alongside parents and teachers to protect public schools and separation of church and state. Hallelujah.

In the latest Ohio state budget, there are big giveaways to religious and private schools. The Legislature expanded the state’s voucher programs. Originally, vouchers were supposed to “save poor kids from failing public schools,” but in the new expansion, vouchers are available to high school students who never attended a public school. That is, they subsidize students in religious and private schools. Period.

In the only evaluation of the Ohio voucher program, sponsored by the rightwing Thomas B. Fordham Institute, students who used vouchers fell behind students who stayed in the public schools.

These programs are simply a transfer of public dollars frompublic schools to private schools, with no benefit to students.

Jan Resseger writes here about the latest betrayal of the people of Ohio and the public schools that most children attend, despite the availability of many charters and vouchers.

She begins:

Ohio has five voucher programs. Two of them are for students with autism and other disabilities, and their enrollment depends on the incidence of these conditions and parents’ awareness of the availability of voucher funds to pay for private programs. A third voucher program—the Cleveland Scholarship Program—one of the oldest in the country—is for students in Cleveland.

This blog post will focus on the last two—EdChoice and EdChoice Expansion. They are statewide Ohio school voucher programs designed specifically, according to the Republican lawmakers who have designed and promoted these programs, to enable students to escape so-called “failing” schools. It is important to remember that those same legislators have failed adequately to fund the public schools in Ohio’s poorest school districts, and those same legislators have looked at state takeover as another “solution” (besides expanding vouchers and charter schools) for the students in those districts. Ohio education policy for school districts serving very poor children is defined by punishment, not support.

EdChoice and EdChoice Expansion vouchers rob the public schools of essential dollars needed to educate the majority of Ohio’s students who remain in public schools. And the vouchers are used primarily by students enrolled in religious schools. Through EdChoice and EdChoice Expansion vouchers, the state is sending millions of tax dollars out of the state’s public education budget and out of the coffers of local school districts to fund the religious education of students who would likely never have enrolled in public schools in the first place.

The problem just got worse this summer when the Ohio Legislature passed a two year budget which radically expands both programs. The Ohio Association of School Business Officials (OASBO) recently published an update on its website to inform school treasurers about what just happened. OASBO reports: “HB 166 (the new state budget) expanded the EdChoice Scholarship program in multiple ways.”

Changes in the EdChoice voucher program: Although legislators have always said the purpose of vouchers is to provide an “escape” from so-called failing schools, the new budget provides that high school students are no longer required to have been previously enrolled in a public school to qualify for the voucher. OASBO explains: “Generally, students wishing to claim a voucher under the original EdChoice voucher program must have attended a public school in the previous school year. However, HB 166 codifies in law… (that) students going into grades 9-12 need not first attend a public school. In other words, high school students already attending a private school can obtain a voucher.”

Ohio was one of the leading states in the 19th century “Common school movement,” which created the American public school as a guarantee of free public education for every child. It is now leading the movement to demolish that promise and renounce the state’s proud history. It should go without saying that the state’s Republican leaders have never put a referendum on the ballot to ask the people of Ohio whether they approve of this massive diversion of public funds to religious and private schools. They know it would be rejected.

The Ohio State Constitution, Article 6, Section 2 and 3

Text of Section 2:
School Funds

The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

Text of Section 3:
Public School System, Boards of Education

Provision shall be made by law for the organization, administration and control of the public school system of the state supported by public funds: provided, that each school district embraced wholly or in part within any city shall have the power by referendum vote to determine for itself the number of members and the organization of the district board of education, and provision shall be made by law for the exercise of this power by such school districts.

 

Peter Greene writes here about a case that could knock down the wall of separation between church and state.

With two Trump appointees, the Supreme Court appears poised to rule in favor of state support for religious school tuition.

Despite the fact that voters overwhelmingly reject vouchers (when the public is asked to voice its view). Despite the fact that studies consistently show that children who use vouchers lose ground. Despite the fact that many religious schools are openly discriminatory. This Supreme Court appears ready to give a green light to public funding of religious schools.

This is a huge step backwards. The state will fund yeshivas that do not teach English or science. It will fund fundamentalist Christian schools that use the Bible as a science textbook. It will fund madrassas. You can’t fund one religion without funding all.

Pandora’s Box is about to be opened.