Res earc her Published by CQ Press, a Division of SAGE CQ www.cqresearcher.com Government and Religion Was the United States founded as a “Christian nation?”

decades-long culture war over the relationship between government and religion and the role of faith in civil society shows no sign of abating. A New cases are coming before the Supreme Court, and fresh conflicts are arising over the placement of religious displays on public property and the use of government money to support faith-based social-service programs. At the heart of the battle lies the question of whether the United States was formed

as a “Christian nation” — as many conservatives contend — or The decades-old Ten Commandments monument on the Texas capitol grounds does not violate the whether the Founding Fathers meant to build a high wall of Establishment Clause of the Constitution, the U.S. Supreme Court has ruled. But the court held that displays of the Commandments inside two separation between church and state. President Obama outraged courthouses in Kentucky did violate the First Amendment’s prohibition against conservatives when he declared, “we do not consider ourselves a government establishment of religion.

Christian nation or a Jewish nation or Muslim nation” but a I “nation of citizens who are bound by ideals and a set of values.” N THIS REPORT Still, the share of Americans who profess to be Christians has been S THE ISSUES ...... 27 shrinking, while the percentage who claim no religious preference I BACKGROUND ...... 34 has nearly doubled since 1990. D CHRONOLOGY ...... 35 E CURRENT SITUATION ...... 40 CQ Researcher • Jan. 15, 2010 • www.cqresearcher.com AT ISSUE ...... 41 Volume 20, Number 2 • Pages 25-48 OUTLOOK ...... 43 RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR EXCELLENCE N AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD BIBLIOGRAPHY ...... 46 THE NEXT STEP ...... 47 GOVERNMENT AND RELIGION CQ Re search er

Jan. 15, 2010 THE ISSUES SIDEBARS AND GRAPHICS Volume 20, Number 2

• Is the United States a Many Americans Don’t MANAGING EDITOR: Thomas J. Colin 27 “Christian nation?” 28 Identify With Any Religion [email protected] More than 34 million Ameri - • Should religious displays ASSISTANT MANAGING EDITOR: Kathy Koch be allowed on public land? cans don’t identify with a [email protected] • Does government fund - religious group. ASSOCIATE EDITOR: Kenneth Jost ing of faith-based programs violate the Constitution? Satisfaction With Religious STAFF WRITERS: Thomas J. Billitteri, 29 Freedom Dropped Marcia Clemmitt, Peter Katel But a majority still feels the BACKGROUND CONTRIBUTING WRITERS: Rachel Cox, amount is “about right.” Sarah Glazer, Alan Greenblatt, Reed Karaim Early Conflict Barbara Mantel, Patrick Marshall, 34 Tension over the relation - Understanding the First Tom Price, Jennifer Weeks 30 Amendment DESIGN /P RODUCTION EDITOR: Olu B. Davis ship between religion and It contains two “religion” government is as old as clauses. ASSISTANT EDITOR: Darrell Dela Rosa the nation. EDITORIAL INTERN: Dagny Leonard GOP Support for Faith- Religion’s New Role 32 Based Funding Drops FACT-CHECKING: Eugene J. Gabler, 36 Postwar cultural and politi - But support from Democrats Michelle Harris cal trends elevated the role increased. of religion in civil society. Chronology Supreme Court Decisions 35 Key events since 1644. 37 Numerous rulings have shaped the boundaries of 36 As Texas Textbooks Go, government involvement So May Go the Nation A Division of SAGE in religion. Conservatives seek more PRESIDENT AND PUBLISHER: treatment of religion in gov - John A. Jenkins ernment and history classes. CURRENT SITUATION The Family: Secretive Copyright © 2010 CQ Press, a Division of SAGE. 38 Group Wants ‘government SAGE reserves all copyright and other rights herein, Clarification or unless pre vi ous ly spec i fied in writing. No part of this 40 Confusion? by God’ Author Jeff Sharlet talks about publication may be reproduced electronically or Two current Supreme the Christian group. otherwise, without prior written permission. Un- Court cases may or may au tho rized re pro duc tion or trans mis sion of SAGE copy - not clarify the court’s At Issue right ed material is a violation of federal law car ry ing stance on religion. 41 Is the United States a civil fines of up to $100,000. “Christian nation?” Site of the Cross CQ Press is a registered trademark of Congressional 42 In Salazar v. Buono , the Quarterly Inc. justices are considering a FOR FURTHER RESEARCH CQ Researcher (ISSN 1056-2036) is printed on acid- cross originally erected in free paper. Pub lished weekly, except; (Jan. wk. 1) the Mojave Desert. For More Information (May wk. 4) (July wks. 1, 2) (Aug. wks. 2, 3) (Nov. 45 Organizations to contact. wk. 4) and (Dec. wks. 4, 5), by CQ Press, a division of SAGE Publications. Annual full-service subscriptions OUTLOOK Bibliography start at $803. For pricing, call 1-800-834-9020, ext. 1906. 46 Selected sources used. To purchase a CQ Researcher report in print or elec - Continuing Battles tronic format (PDF), visit www. cqpress.com or call The Next Step 866-427-7737. Single reports start at $15. Bulk pur - 43 Battles involving govern - 47 Additional articles . chase discounts and electronic-rights licensing are also ment and religion range available. Pe ri od i cals post age paid at Wash ing ton, D.C., from gay marriage to Citing CQ Researcher and ad di tion al mailing of fic es. POST MAST ER: Send climate-change policy. 47 Sample bibliography formats. ad dress chang es to CQ Re search er , 2300 N St., N.W., Suite 800, Wash ing ton, DC 20037.

Cover: Getty Images/Jana Birchum

26 CQ Researcher Government and Religion BY THOMAS J. BILLITTERI

• Efforts by Catholic bish - THE ISSUES ops to block expansion of federal subsidies for abortion n Chambersburg, Pa., this under new health-care legis - past holiday season the lation have sparked recrimi - I borough council re - nations from liberal Democ - moved a Nativity scene from rats. “To limit our teaching or the town square rather than governing to what the state bow to a non-believer’s re - is not interested in would be quest to display an atheist to betray both the Constitu - symbol nearby. Protesters tion . . . and, much more im - urged the council to recon - portantly, the Lord Himself,” sider. “This country was said Cardinal Francis George, founded on Christian ethics,” president of the U.S. Confer - a pastor declared, adding, “I ence of Catholic Bishops. 5 don’t want our rights taken But Rep. Lynn Woolsey, D- 1 away as Americans.” . Calif., co-chair of the Con - c n I

The crèche conflict was a gressional Progressive Cau - s r

small skirmish in a big, e cus, suggested the bishops’ v e i

decades-long culture war over l “political hardball” was cause e b

government and religion and n to question the church’s tax-

o 6

the role of faith in civil soci - N exempt status.

A

ety. The fighting shows no sign P • Intelligence reports writ - of abating as new cases come A Nativity scene in the town square in Chambersburg, Pa., ten for former Defense Sec - before the U.S. Supreme Court during the 2009 holiday season was ordered removed by retary Donald Rumsfeld and city officials. Conflicts over government and religion are and fresh disputes arise over as old as the nation itself, and new religion cases other officials contained the use of government money are coming before the U.S. Supreme Court. cover sheets with biblical quo - for faith-based social-service tations, according to GQ mag - programs. At the heart of the battle lies whether government property can be azine, which suggested that some in the question of whether the United States used for religious events. 2 the Pentagon worried that if the cov - was formed as a Christian nation, as Among recent church-state battles: ers were leaked, they could reinforce many conservatives contend, or whether • The Freedom From Religion perceptions that the United States was the Founders meant to build a high wall Foundation, which represents atheists fighting a war against Islam. 7 More of separation between church and state. and agnostics, has sued to block a broadly, publication of the cover sheets (See box on First Amendment, p. 30. ) congressionally approved “In God “may raise more questions about the As unrelenting as the controversies We Trust” inscription above the en - proper role of religion in the military, remain, the search for common trance to the new visitor center at and whether a Christian-influenced cul - ground continues. On Jan. 12 a di - the U.S. Capitol. ture, rather than a neutral one, perme - verse group of secular and religious The foundation’s co-president, ated some corners of the military,” The leaders — including Jews, Muslims Annie Laurie Gaylor, called the en - New York Times noted. It cited earlier and Christian evangelicals — released graving “an affront to the 15 percent incidents including posting of a “Team what was billed as “the most com - of Americans who do not believe in Jesus” locker-room banner by an Air prehensive joint statement of current God,” adding, “Imagine if it said, ‘In Force Academy coach and appearances law to date on legal issues dividing Allah We Trust,’ how many Americans by an Army general before evangeli - church and state.” Produced by Wake would be offended, and rightly so.” 3 cals in which he compared the war Forest University’s Center for Religion But Sen. Jim DeMint, R-S.C., who against Islamic militants to a fight and Public Affairs, the 32-page docu - pushed for the inscription, said, “The against Satan. 8 ment addresses issues ranging from Founders based the Constitution and The divide over religion and gov - whether elected officials may discuss our laws on religious faith and prin - ernment is set against a shifting land - their personal religious beliefs while ciples that clear the way for indi - scape of beliefs and religious affilia - operating in their official capacities to vidual freedom.” 4 tions among Americans. A 2007 survey

www.cqresearcher.com Jan. 15, 2010 27 GOVERNMENT AND RELIGION

David J. Brewer’s comment in an 1892 Many Americans Don’t Identify With Any Religion decision that “this is a Christian na - 12 The number of Americans who are non-theists or do not identify tion.” (See “At Issue,” p. 41 .) While history provides ammunition themselves with a religious group (collectively known as “Nones”) in the culture wars, however, it is pol - more than doubled since 1990, to 34 million in 2008. When Ameri - icy issues such as gay marriage and cans who either don’t know their religious identification or refuse to stem-cell research, constitutional deci - answer the question (and who resemble “Nones” in their beliefs) sions by the courts and the actions of were included, the number rises to 46 million, or one in five adults, elected officials that keep new battles compared with one in 10 in 1990. The percentage of Christians brewing. dropped 10 points, to 76 percent, though the total number of Chris - When President Obama declared in tians rose due to population increases and immigration. Turkey last year that “we do not con - sider ourselves a Christian nation or a Jewish nation or Muslim nation” but Religious Self-Identification of the a “nation of citizens who are bound U.S. Adult Population, 1990-2008 by ideals and a set of values,” outrage (in millions) erupted in conservative circles. 13 Obama “was fundamentally mislead - 1990 2001 2008 ing about the nature of America,” for - Estimated Estimated Estimated mer Republican House Speaker Newt No. of % No. of % No. of % Gingrich, R-Ga., said on Fox News. People People People Sean Hannity, a co-host on the con - servative network, said Obama is “out Total of touch with the principles that have Christians 151.2 86.2 159.5 76.7 173.4 76.0 made this country great.” 14 Other And when Republican Sen. John Religions 5.8 3.3 7.7 3.7 8.8 3.9 McCain, R-Ariz., declared during his Nones 14.3 8.2 29.5 14.1 34.2 15.0 recent White House bid that “since Don’t know/ this nation was founded primarily on Refused 4.0 2.3 11.2 5.4 11.8 5.2 Christian principles, personally, I pre - fer someone who has a grounding TOTAL 175.4 100.0 207.9 100.0 228.2 100.0 in my faith” to be president, con - servatives praised him while the left * Percentages may not add to 100 due to rounding. exploded in fury. “How can we trust Source: American Religious Identification Survey, Trinity College, March 2009 someone to uphold the Constitution who doesn’t even know what is in it?” by the First Amendment Center found The debate over the nation’s ideo - declared Ira N. Forman, executive di - that 65 percent of Americans believe logical and religious roots often turns rector of the National Jewish Demo - the Founders intended the United on hotly contested historical words cratic Council . 15 States to be a Christian nation and and writings that include statements The Supreme Court remains the final that 55 percent think the Constitution from the Founders, the Supreme Court arbiter of the Constitution’s meaning, establishes a Christian nation. 9 and the French thinker Alexis de but over the years the court has de - Yet the share of Americans who Tocqueville. For instance, those who cided church-state cases in ways that profess to be Christians has been shrink - say the Founders intentionally built a sometimes have sown confusion. For ing. The latest American Religious Iden - high wall between church and state example, in a pair of 2005 cases the tification Survey, conducted at Trinity often cite a 1797 U.S. anti-piracy treaty court ruled that Ten Commandment College, found that 76 percent identi - with Tripoli stating that “the govern - displays in two Kentucky courthouses fied themselves as Christian in 2008, ment of the United States of America violated the First Amendment’s prohi - compared with 86 percent in 1990, is not in any sense founded on the bition against government establishment and that 15 percent claimed no reli - Christian Religion.” 11 Those on the of religion but that a 40-year-old dis - gious preference, up from 8 percent other side of the church-state divide play of the Commandments at the Texas in 1990. 10 often point to Supreme Court Justice capitol did not.

28 CQ Researcher The two decisions are “difficult to reconcile,” says Robert W. Tuttle, a Satisfaction With Religious Freedom Dropped professor of law and religion at the A majority of Americans feel the amount of religious freedom they George Washington University Law School. Indeed, he says, “the opinions have is “about right,” but the percentage has dropped by 11 percentage in those cases show the wide diver - points since 1997. sity of views on the court about the appropriate relationship between reli - Do you think Americans have too much religious freedom, gion and civil government. It’s often 80% too little, or about the right amount? very hard to predict how a particular 70 case will be decided.” 60 That dynamic could well play out 50 this year in two church-state cases 40 before the court. In Christian Legal Society v. Martinez, the court must de - 30 cide whether a public law school can 20 deny student-funded meeting space 10 and other benefits to a Christian stu - 0 dent organization that requires mem - 1997 1999 2000 2001 2002 2003 2004 2005 2007 2008 2009 bers to affirm its core religious beliefs on homosexuality and other issues. 16 Too much And in Salazar v. Buono , the court must Source: “State of the First Amendment 2009,” Too little decide whether an individual has legal First Amendment Center About the right amount standing to challenge the display of a cross on federal land as a violation of urges Christians to withdraw their chil - Such views are anathema to those the Establishment Clause against gov - dren from the public-school system who advocate a high wall between re - ernment endorsement of religion and and place them in Christian schools or ligion and government. “There is ab - whether a congressional act directing home school them with a Christian em - solutely no historical evidence for the that the property be transferred to a pri - phasis. The public-school system, Moore view that we were formed as a Chris - vate party was a satisfactory remedy. 17 argues, is “theologically and morally tian nation, and there’s vast evidence to As controversy continues over the wrong, and it’s failing academically.” the contrary,” says the Rev. Barry Lynn, relationship between government and Moore says the nation’s Christian executive director of Americans United religion, here are some of the issues founding is “indisputable, incontro - for Separation of Church and State, a being debated: vertible and clear,” though he notes Washington-based advocacy group. that “elements of the Enlightenment” Lynn cites the Tripoli treaty as one Is the United States a “Christian — an 18th-century philosophical move - bit of evidence, along with opposition nation”? ment that promoted rationalism — to a failed bid by patriot Patrick Henry E. Ray Moore Jr., president of Front - “were mixed in around the time of to provide tax support for Christian line Ministries in Columbia, S.C., and the Constitution.” churches. Lynn points out, too, that the a retired U.S. Army Reserve chaplain, Moore quotes the Old Testament Constitution has no references to God has no doubts about the nation’s re - book of Isaiah in arguing that church other than the “Year of our Lord” phrase, ligious roots. To buttress his case, he and state “need to be administrative - which he says was “grammatical” for points to, among other things, Justice ly separate,” but he sees “no reason the times and not “theological.” Brewer’s 19th-century “Christian na - Christian values and beliefs cannot per - While the philosophical chords of tion” words, the Constitution’s refer - meate public policy and law. the current church-state debate stretch ence to “in the Year of our Lord” and “We don’t want the church as a back centuries, “it never gets settled its exemption of Sundays for presi - body dictating to the government as because we don’t have the kind of dential action on bills. an official body,” he says. “But Chris - quality history education we ought to “We were definitely founded as a tian principles and Christian morality have in this country,” Lynn argues. “New Christian nation,” says Moore, a Citadel should permeate government. The Ten generations grow up willing to believe graduate whose main focus these days Commandments should be founda - any nonsense that is promoted that is the Exodus Mandate Project, which tional to all of our law.” fits in with their vague sense that

www.cqresearcher.com Jan. 15, 2010 29 GOVERNMENT AND RELIGION

somehow religion is the cornerstone rians who are playing fast and loose argues that while “we are not a Christian of the founding of the country.” with the historical record.” nation, the history, the founding, the ethos But some scholars argue that both Still, Fea says, “If you say the Unit - of the nation is infused with Christianity, the Religious Right and secular left are ed States was founded at a time when and that’s not a bad thing. The Founders sometimes at fault for oversimplifying a Christian culture dominated the and those who have been important in history. British colonies or the new republic, American history have often been prac - “I write as a Christian, and I teach you would be hard to argue with. ticing Christians, and it’s only natural at a church-related Christian school,” There are many on the [secular left] that Christianity have an impact on our says John Fea, an associate professor who simply will not look at the his - national experience in the same way a of American history at Messiah College, torical record to see that all of these Muslim-majority nation is impacted by in Grantham, Pa., “but I don’t think the Founding Fathers believed religion Islam — maybe not to that extent, but in the same general direction.” Understanding the First Amendment Still, Hooper says, “It’s a stretch to go from saying that we have a histori - The first 10 amendments to the U.S. Constitution are known as the cal base in Christianity to saying that Bill of Rights. The First Amendment includes two “religion clauses” theology has to impact our nation’s poli - — the so-called “Establishment Clause” limiting government promo - cies. I wouldn’t say that for Christianity tion of religion and the “Free Exercise Clause” limiting the or Islam or Judaism or any faith. We’re government’s power to interfere with expressions of religious belief. a secular nation, and while people who make laws might draw inspiration from Experts say the two clauses are in tension with each other and that their spiritual beliefs, I don’t think it’s the U.S. Supreme Court has charted an uncertain course in applying appropriate that the laws themselves each clause to specific situations. would have a religious base.” Galen Carey, director of government The Bill of Rights was submitted to the states for ratification on affairs at the National Association of Sept. 25, 1789, and adopted on Dec. 15, 1791, after ratification by Evangelicals, a conservative group rep - three-fourths of the states. resenting over 45,000 local churches in more than 40 denominations, says that a l l

i although “a substantial majority” of U.S. v

The First Amendment e

d citizens “are Christians and have been o

“Congress shall make no law respecting an m throughout our history, that doesn’t o S establishment of religion, or prohibiting the make the country Christian.” p i free exercise thereof; or abridging the h Adds Carey, “The country has been C / s

freedom of speech, or of the press; or the e shaped to a significant extent by peo - g a ple who are Christian, and many of

right of the people peaceably to assemble, and to m I

y the ideals and values of our nation t

petition the Government for a redress of grievances.” t e can be derived from Christian sources, G though many others can be derived from other [sources]. We would say evidence is there to suggest [the Unit - needed to play a dominant role in the people are Christians, nations are ed States was founded] as a uniquely the republic in order for it to survive. not Christian. People can participate Christian nation. Most of the Constitu - If you’re going to create a republic in the political process and should try tion does not mention God at all, and of virtuous citizens — people who to contribute to the public discourse. when it does it talks about religious are willing to sacrifice their own self- But it’s quite important that all people freedom or the Esta blishment Clause. interest for some greater good — the have religious freedom.” So to suggest that in some ways [the best system that teaches those prin - Tuttle, the George Washington Uni - Founders] were trying to create a re - ciples is religion, in some cases par - versity law professor, says that while public that somehow uniquely privi - ticularly Christianity.” the United States is predominantly a leged Christianity is simply ahistorical. Ibrahim Hooper, national communi - Christian nation from a demographic There is simply no solid evidence to cations director for the Council on point of reference, it is “implausible” support that. There are many on the American -Islamic Relations, a Washington- to claim the nation is Christian “in the Christian right who claim to be histo - based civil rights and advocacy group, sense of a system of government.

30 CQ Researcher “The federal government was to post a copy of the Ten Command - everyone has equal access” to a site, specifically not designed as a com - ments in all classrooms was a violation “we’re not opposed to it.” munity of the saints or anything like of the Establishment Clause. 21 But in “It’s really up to each religious com - that,” he says. “It was designed to 1984, the court said it was constitutional munity to make sure it has equal ac - fulfill a very specific and secular pur - for a Nativity scene to be displayed in cess,” he adds. “We’ve dealt with this in pose, which is governance of a diverse a Rhode Island town square. 22 the past as an organization. If a local li - political community.” It wasn’t designed “Since these two decisions in the brary has a Christmas display, we don’t to be a government “that would have 1980s, the Supreme Court and lower ask people to go and tell them to take responsibility for all aspects of citizens’ federal courts have issued somewhat down the Christmas display. We say, ‘Look, lives, including their religious lives.” unpredictable rulings, approving some reserve it for the next time Ramadan Even so, Tuttle says, it is important religious displays while ordering oth - comes along.’ It’s in our court, really.” to distinguish between the early philo - ers to be removed,” the Pew Forum Carey of the National Association sophical foundation of the federal on Religion & Public Life noted in a of Evangelicals says that while the government and that of the states. 2007 review of religious display cases. group is “not overly concerned about When it comes to discussing religion (See “Background” for a discussion of most of these issues,” many cases con - and state government, he says, “it’s a other key cases, p. 34. ) cerning religious displays “do raise more complicated story.” Well into the Added Pew, “[t]he lack of clear guide - constitutional issues and need to be 19th century, Tuttle says, many states lines reflects deep divisions within the carefully studied on their merits. lacked constitutional provisions barring Supreme Court itself. Some justices “So much depends on context,” government establishment of religion, are committed to strict church-state says Carey, “There’s a difference be - and some states imposed religious separation and tend to rule that any tween ‘In God We Trust’ on our tests to determine who could hold of - government-sponsored religious dis - money or having a Nativity scene at fice well into the 20th century. play violates the Establishment Clause. city hall. You look at the context in It was only in the 1940s that the These same justices also believe that, the community.” Supreme Court declared that the First in some circumstances, the Establish - What’s needed is a “common sense” Amendment’s Free Exercise and Estab - ment Clause may forbid private citi - approach to the issue of religious dis - lishment clauses apply to the states. zens from placing religious displays plays, Carey argues. “We don’t want Even so, religious tests for public of - on public property.” But “[o]ther mem - the government to be in the position fice persisted. A Maryland law requir - bers of the court read the Establish - of establishing or favoring a particu - ing officeholders to declare a belief in ment Clause far more narrowly, argu - lar religion.” Many displays don’t do God survived until 1961, when, in Tor - ing that it leaves ample room for religion much to do that, Carey says, “but if caso v. Watkins , the U.S. Supreme Court in the public square.” Meanwhile, something were endorsing and furthering struck it down. 18 other justices have taken a middle path, a particular religion, we would not be arguing that “a religious display placed in favor of that.” Should religious displays be in a public space violates the Estab - In the crèche conflict in Chambers - allowed on public land? lishment Clause only when it conveys burg, Pa., the Nativity scene had been Despite the Constitution’s prohibi - the message that the government is displayed for years in the town’s tion against government “establishment endorsing a religious truth.” 23 Memorial Square, and some residents of religion,” most Americans don’t seem Some activists firmly oppose religious believe that’s where it should have re - bothered when crèches, menorahs and displays. Lynn of Americans United for mained. “Jesus is the reason for the other such religious symbols appear on Separation of Church and State, for season,” resident Kelly Spinner told a public property. A 2008 Rasmussen poll example, argues that “a bright-line rule local media outlet. “They’re taking that found that 74 percent of adults thought would make sense: If it’s a government- reminder away from us. I don’t think such displays should be allowed. 19 sponsored event, icon or symbol, it it’s fair. What’s next? Santa Claus? A The Pew Research Center has found should not be religious. When you put Christmas tree?” 24 similar popular support. 20 up a manger scene at Christmas and The council president, Bill Yet, the presence of religious sym - it’s the government that owns it, it looks McLaughlin, argued that Chambers - bols on government property has a like the government is endorsing that burg was “a victim of the tyranny of long and sometimes conflicted histo - religion,” he argues. the minority,” adding that “the Con - ry in the courts. Hooper, the Council on American- stitution guarantees ‘freedom of reli - In 1980 the Supreme Court ruled that Islamic Relations spokesman, takes a gion’ ” but says nothing about “free - a Kentucky law requiring public schools broader view, arguing that “as long as dom from religion.” 25

www.cqresearcher.com Jan. 15, 2010 31 GOVERNMENT AND RELIGION

Does government funding of GOP Support for Faith-Based Funding Drops faith-based programs violate the Constitution? In a philosophical role reversal, the percentage of Republicans who In 2001 President George W. Bush now favor government funding for faith-based groups has dropped formed his “Faith-Based Initiative,” de - over the past eight years while support has increased among Demo - signed to funnel federal taxpayer dol - crats, who were once less enthusiastic about government support. lars to religious groups that provide social services ranging from homeless 30 Do you favor allowing faith-based groups to apply for shelters to teen sex education. Crit - government funding? ics argued that the program threatened church-state separation, but defenders maintained that nothing in the Con - 100% stitution prohibits church-sponsored so - 81% 77% 74% 80 66% 70% 65% cial services from competing on a level 60 playing field for government money. 40 Obama has vowed to build on the 20 Bush program, saying during his 2008 campaign that “a partnership between 0 Republican Democrat Independent the White House and grassroots groups — both faith-based and secular” — remained “a good idea.” But Obama Source: “Faith-Based Programs Still Popular, Less Visible,” March 2001 vowed to end one of the most con - Pew Forum on Religion & Public Life, November 2009 August 2009 troversial aspects of the Bush faith- based program: allowing religious or - But a local Jewish resident noted bearing the motto “In God We ganizations receiving government that council members let him put a Trust” in 2006, and Florida followed grants and contracts to hire workers “Seasons Greetings” sign incorporating suit in 2008. on the basis of religion. religious symbols from a variety of back - In November, a federal judge ruled “If you get a federal grant, you can’t grounds on the town square in 1996. that South Carolina couldn’t issue plates use that grant money to proselytize to “You really can’t pick and choose what showing the image of a cross in front the people you help, and you can’t goes up there,” he said. “Once you let of a stained-glass window and bearing discriminate against them — or against one group in, whether it’s Christians, the words “I believe.” U.S. District Judge the people you hire — on the basis Jews, Muslims, then you have to let Cameron Currie said a law approving of their religion,” Obama told an Ohio other groups in also.” 26 the plates amounted to a “state en - audience in 2008. 31 Lynn, commenting broadly on the dorsement not only of religion in gen - But a year after taking office, Obama’s issue of religious displays and not the eral, but of a specific sect in particular.” own Office of Faith-Based and Neigh - Chambersburg flap, says that “if you Lt. Gov. André Bauer, who had ad - borhood Partnerships has had a low truly say ‘this courthouse lawn is open vocated the bill approving the plates, profile. The president has not formally to everybody’ — if you’re really willing called the ruling “another attack on disavowed a 2002 Bush-era White House to do that — that I think the Constitu - Christianity” and said Currie was a directive and a 2007 Justice Department tion does permit, but I think that’s a “liberal judge appointed by [Presi - memo arguing that hiring can be based dopey idea.” In places that have opened dent] Bill Clinton.” 28 on belief, though an Obama executive public spaces to displays of all persua - But Currie ruled correctly in an “ab - order says the head of the faith-based sion, he says, “you get a cluttered lawn. solutely clear-cut” case,” said Thomas office may seek the Justice Depart - People trip over stuff on their way to Crocker, an assistant professor at the ment’s opinion on individual cases. pay their parking tickets.” University of South Carolina Law The issue has led to a heated de - Among the most contentious School. Her decision was “not out to bate within religious and legal circles. religious-display issues in recent denigrate religion, but it’s out of a his - “[T]his issue has been controversial years has been the placement of re - torical understanding that problems because it raises a direct conflict be - ligious mottoes on automobile li - for both politics and religion can flow tween two opposing viewpoints on cense plates. 27 The Indiana legis - from the state’s entanglement with re - church-state relations,” Ira Lupu, a pro - lature approved state-issued plates ligious practices.” 29 fessor at the George Washington Uni -

32 CQ Researcher versity Law School, and there is no reason told the Pew Research to discriminate on the

Center. “One view - z basis of religion. In fact, o d point is that hiring on n since such salaries are a S the basis of religion paid with tax dollars, a d is discriminatory and n there is every reason a W

that the government not to discriminate.” d should never subsi - n George Washington a

y dize such discrimina - r University’s Tuttle said n tion. The opposing e he would be surprised H / e

viewpoint, held by t if the Obama adminis - u t i

many faith-based t tration tackles the hiring s n groups, is that to I question. “Why step in

l a

maintain the distinc - g that one?” he asks rhetor - e L tive character and ically. The issue’s com - y t nature of their re - r plex and controversial e b i

spective religious mis - L nature “more than any - / o sions, these groups t thing else explains the o h

must take religion into P incredibly low profile” account when hiring P of Obama’s faith-based A employees.” 32 A long-running legal fight over the so-called Mojave Cross honoring program, Tuttle says. A group of 58 re - World War I veterans will be decided by the U.S. Supreme Court. “What they’ve said is that ligious, educational, The cross was originally erected in the Mojave National Preserve the Justice Department in a remote part of California in 1934 by the Veterans of civil rights, labor and Foreign Wars and replaced several times by private parties. is going to look at this health groups has and make decisions on urged U.S. Attorney a case-by-case basis.” General Eric Holder to direct the Office also hire people who share” its re - Lupu, in an interview, said a of Legal Counsel to review and with - ligious beliefs. strong political aspect of the debate draw the 2007 memo, arguing that the Writing this fall on a National over faith-based hiring has to do with document is based on an “erroneous” Catholic Reporter blog site, Michael Sean some religious groups’ beliefs about interpretation of the 1993 Religious Winters, author of Left at the Altar: How homosexuality. Freedom Restoration Act “and threatens the Democrats Lost the Catholics and How “One of the deep undercurrents core civil rights and religious- freedom the Catholics Can Save the Democrats , [of the issue] is a gay-rights question,” protections.” 33 The 1993 act says the argued that “if the government chooses Lupu says. “That’s what’s been dri - government may not “substantially bur - to give funds to a Catholic organization ving the more heated politics of it, den” a person’s free exercise of religion because of the services it provides, that because part of what faith-based “without compelling justification.” does not mean the government should groups — some of them — don’t Some religious groups argue that be entitled to tell us whom we can want to do is have to hire without without the ability to hire according hire. . . . A Catholic social- service regard to sexual orientation. That is to beliefs, their social-service work will provider may be efficient, it may be ef - sort of the political undercurrent to be undermined. fective, it may alleviate suffering and do this and has been all along.” If organizations can’t hire staff a lot of good, but unless its work springs Alongside the hiring question is that share their mission, they will from a shared faith commitment, it is the issue of how far religious groups quickly lose their identity, says Carey not meaningfully Catholic.” receiving government funds can go of the National Association of Evan - But fellow blogger Maureen Fiedler, in mixing religious activity or sym - gelicals, who worked in faith-based host of the public radio show “Inter - bols into government-funded social- social-service programs for more than faith Voices” and a member of the service programs. Critics argue that 25 years. He adds, “Nobody is telling Sisters of Loretto religious communi - regulations on proselytizing that were Planned Parenthood they should have ty, argued that “if one is hiring a drug issued by the Bush administration are to hire staff that don’t believe in con - counselor, or someone to run a soup unclear and ambiguous. An advisory traception, so nobody should tell a kitchen or a job-training office, it’s a task force composed of people with religious group that they shouldn’t neutral job — religiously speaking — diverse views on church-state matters

www.cqresearcher.com Jan. 15, 2010 33 GOVERNMENT AND RELIGION

is reviewing the regulations and is ernment.” Moreover, the delegates view. “The South was identifying itself expected to offer clarifications to thought introducing religion into the more strongly as Christian, over and Obama’s Faith-Based and Neighbor - Constitution would be a “tactical mis - against the particular ‘godless North,’ hood Partnerships program in mid- take” because of religion’s “politically and some in the North were charac - February, though it remains unclear controversial” nature, the library says. terizing the South as being absolutists,” whether the president will adopt the Even so, many of the Founders em - accusing the South of a “lack of re - task force’s recommendations. braced religious expression. For in - ligious liberty.” Still, says Melissa Rogers, director stance, George Washington, an Epis - A swelling tide of Catholic migra - of the Center for Religion and Public copal vestryman, said in his 1796 tion from Europe in the 19th centu - Affairs at the Wake Forest University Farewell Address that “of all the dis - ry also spurred religious tensions. “In School of Divinity and a task force positions and habits which lead to po - some states, the separation of church member, “So far as I know, this is the litical prosperity, religion and morality and state as a concept came to the first time a president or any govern - are indispensable supports. . . . It is forefront in response to Roman Catholic mental body has brought people to - substantially true that virtue or moral - immigration,” Tuttle says. “Nativists em - gether who have serious differences ity is a necessary spring of popular braced this because they saw them - on certain church-state issues and asked government.” 35 Benjamin Franklin, in selves losing out demographically, them to try to find some common a 1787 speech asking the constitution - and the idea of the separation of ground in this area.” al convention to begin each daily ses - church and state was a way to make sion with prayers, argued “that God sure that they didn’t live in Catholic- governs in the Affairs of Men.” 36 run communities.” Ratification in 1791 of the Bill of In 1875, James G. Blaine, speaker Rights — and its First Amendment stat - of the U.S. House of Representatives, BACKGROUND ing that “Congress shall make no law proposed a constitutional amendment respecting an establishment of reli - that would have barred states from gion, or prohibiting the free exercise providing funds for religious educa - thereof” — placed religion front and tion — notably Catholic schools. The Early Conflict center in the national psyche. With the proposal, denounced by Catholics, Bill of Rights, “the opportunity for con - failed, but some three dozen states onflict over the relationship be - flict between federal and state religion passed their own constitutional C tween religion and government is policies expanded considerably,” law amendments prohibiting state fund - as old as the nation itself. professors Lupu and Tuttle noted in a ing of religious groups, including re - “When the Constitution was sub - 2006 scholarly article. 37 ligious schools. 39 mitted to the American public, ‘many That conflict came to full fruition Meanwhile, passage of the Four - pious people’ complained that the after the 1868 ratification of the Four - teenth Amendment had set the stage document had slighted God, for it con - teenth Amendment, which applied the for bitter battles over the First Amend - tained ‘no recognition of his mercies Bill of Rights to the states. ment’s religion provisions, though it to us . . . or even of his existence,’ ” “With the Fourteenth Amendment took many years for those conflicts to the Library of Congress noted in an in place, and a new national under - be fully realized in the Supreme Court. online presentation of documents re - standing of the role and the authority At first, the Fourteenth Amendment’s lated to religion and the founding of of the federal government in preserving application of the Bill of Rights to the the republic. 34 national unity and individual freedom, states focused mainly on economic While Article VI bars religious tests the stage was set for the ensuing rights and corporate issues, not reli - for federal officeholders, the Consti - struggle over federal limitations on state gious and other civil liberties. In fact, tution (not including the Bill of power to formulate religion policy,” only two cases involving the religious Rights) is otherwise silent on religion. Lupu and Tuttle wrote. 38 Establishment Clause — one in 1899 One reason, the Library of Congress Even before the Fourteenth Amend - involving federal funding of a reli - notes, is that “many delegates [to the ment’s passage, though, church-state giously owned and run hospital, the Constitutional Convention] were com - conflicts roiled the nation. other in 1908 involving federal fund - mitted federalists, who believed that Some of the conflicts arose as part ing of a Catholic school serving Sioux the power to legislate on religion, if of “a complicated story in relation to Indians — came before the high court it existed at all, lay within the domain the Civil War about religion and totali - before the mid-20th century. 40 of the state, not the national, gov - tarianism,” Tuttle explained in an inter - Continued on p. 36

34 CQ Researcher Chronology

replaced as national motto with voter guides for conservative 1600s-1800s “In God We Trust.” Christians. Religious-freedom policies take shape as the colonies break • 1997 Supreme Court allows federal away from Britain. program under which public school teachers offer secular remedial 1644 Roger Williams, theologian 1960s-1980s instruction inside parochial schools. and Rhode Island founder, declares Key Supreme Court decisions a “wall of separation” exists shape intersection of government 2001 George W. Bush elected “between the garden of the church and religion; Religious Right president with help from and the wilderness of the world.” gains prominence in politics. evangelical voters. . . . Bush forms “Faith-Based Initiative.” 1787 Benjamin Franklin asks 1961 Supreme Court strikes down Constitutional Convention to Maryland law requiring office- 2005 Supreme Court rules in begin daily sessions with prayer. holders to declare a belief in God. McCreary County v. ACLU of Kentucky that display of Ten 1791 Bill of Rights ratified, 1962 Landmark Supreme Court Commandments in Kentucky including First Amendment. ruling ( Engel v. Vitale ) holds it is courthouses is unconstitutional unconstitutional for state officials to but says in Van Orden v. Perry 1797 U.S. anti-piracy treaty with require an official prayer to be that a Texas monument inscribed Tripoli states “the government of recited daily in public school classes. with the Commandments is not. the United States of America is not in any sense founded on the 1971 Supreme Court establishes 2008 Presidential candidate Barack Christian Religion.” three-part test to decide Obama endorses government Establishment Clause conflicts. funding for faith-based social 1892 Supreme Court Justice services but promises changes to David J. Brewer writes “this is a 1979 Televangelist Jerry Falwell Bush-era initiative. Christian nation.” forms Moral Majority, rallying evangelicals to political activism. • • 1980 Supreme Court strikes down Kentucky law requiring posting of 2009-Present 1940s-1950s Ten Commandments in public New government/religion cases First Amendment’s religious classrooms. come before Supreme Court. guarantees applied to the states even as religion becomes more 1984 Supreme Court rules that a 2009 President Obama says “we do prevalent in public domain. Christmas display in a Rhode Island not consider ourselves a Christian shopping district has a legitimate nation or a Jewish nation or a Muslim 1940 Supreme Court rules in “secular purpose.” nation.” . . . Catholic bishops oppose Cantwell v. Connecticut that First abortion funding in health-care Amendment’s “Free Exercise 1988 Christian Coalition founder overhaul. . . . Supreme Court rules Clause” applies to the states. Pat Robertson unsuccessfully seeks the placement of a permanent Republican presidential nomination. religious monument in a public park 1947 Supreme Court applies is protected government speech “Establishment Clause” to state • (Pleasant Grove City v. Summum ). and local governments ( Everson v. Board of Education ). 2010 Texas education board votes 1990s-2008 on textbook proposals shaped with 1954 Congress inserts “under Influence of Religious Right help of religious conservatives. . . . God” into Pledge of Allegiance. grows in national politics. Supreme Court hears cases on cross on public land, Christian 1956 “E Pluribus Unum” is 1992 Christian Coalition produces student group at public law school.

www.cqresearcher.com Jan. 15, 2010 35 GOVERNMENT AND RELIGION

As Texas Textbooks Go, So May Go the Nation Conservatives seek more treatment of religion in government and history classes.

hile the Supreme Court is the most high-profile venue chairman of the Texas Republican Party and founder of Wall - for deliberations on religion and government, con - Builders, a Texas group whose stated goals include “educating W flicts in the states also can be significant. the nation concerning the Godly foundation of our country.” 1 In Texas, for example, the Board of Education is revising Another is Massachusetts-based Presbyterian minister Peter the statewide K-12 social studies curriculum amid debates Marshall , who describes his ministry as “dedicated to helping among board members and outside reviewers, including sev - to restore America to its Bible-based foundations.” 2 eral prominent religious conservatives, over how big a role re - Groups of teachers and academics finished drafts of the so - ligion should play in the teaching of history. cial studies standards in November, and a public hearing on The action follows the board’s adoption last March of new the drafts was held on Jan. 13, 2010. Some, but not all, of the science-curriculum standards that validated the teaching of evo - reviewers’ suggestions were adopted in the drafts, though the lution but opened the way for teachers to critically assess as - board has final say over the curriculum content, a board spokes - pects of evolutionary theory. woman said. The board is to take a first vote on the standards Curriculum decisions in Texas are significant because of the after the public hearing. New textbooks are scheduled to be influence the state — the nation’s biggest textbook market — adopted in Texas in 2012. has on teaching materials elsewhere. Publishers often use Texas At least three conservatives on the education board have standards, revised every decade, to shape textbooks they sell pushed for more treatment of religion in government and his - nationwide. tory classes. For example, former Chairman Don McLeroy has For the social studies curriculum, moderate or liberal mem - sought a new standard “that describes the Judeo-Christian Bible bers of the 15-member Texas education board appointed three influence on the founding documents.” And Chairwoman Gail so-called “expert reviewers” to make individual recommenda - Lowe, along with board member Barbara Cargill, want U.S. his - tions on the proposed curriculum, and three such reviewers tory classes to cover the Great Awakening, a time of religious were named by social conservatives on the board. fervor in colonial America that some conservatives contend Reviewers named by moderate or liberal board members helped spur the colonies to seek independence. 3 are professors of history or education at universities in Texas, In an early recommendation advocating coverage of the including former state historian Jesus F. de la Teja, chairman Great Awakening, Marshall, the Presbyterian minister and of the Texas State University history department. curriculum reviewer, wrote that “the leveling effect of the Conservative reviewers include David Barton, former vice Gospel preaching . . . created a revulsion against the su -

Continued from p. 34 private schools — including religious erected a wall between church and ones — on buses operated by a pub - state. That wall must be kept high Religion’s New Role lic transportation system. 42 Signifi - and impregnable. We could not ap - cantly, all the justices agreed that the prove the slightest breach.” 43 ut beginning in 1940 the conflict Establishment Clause erected a high Jefferson’s phrase “is as familiar in B over government and religion barrier between church and state, today’s political and judicial circles as began to escalate in the courts. In a though a 5-4 majori ty concluded that the lyrics of a hit tune,” noted James landmark decision that year in Cantwell reimbursement for busing to reli - Hutson, chief of the Library of Con - v. Connecticut , a case involving free- gious schools was allowed. gress Manuscript Division. “This speech rights of Jehovah’s Witnesses, Notably, the court in Everson res - phrase has become well-known be - the Supreme Court ruled 9-0 that the urrected a central image from the cause it is considered to explain (many First Amendment’s Free Exercise Clause early days of the republic that lies at would say, distort) the ‘religion clause’ applies to the states. 41 the center of today’s debate over re - of the First Amendment.” 44 Then, in 1947, in Everson v. Board ligion and government: “In the words Meanwhile, just as the Cantwell and of Education , the court applied the of [Thomas] Jefferson,” Justice Hugo Everson decisions helped thrust reli - Establishment Clause to state and Black wrote, “the clause against es - gion into the forefront of the debate local governments, upholding a New tablishment of religion by law was in - over the meaning of the Constitution Jersey law allowing local school boards tended to erect ‘a wall of separation and Bill of Rights, post-World War II to reimburse parents for the cost of between church and state.’ ” Black cultural and political trends elevated sending their children to public or added: “The First Amendment has the role of religion in civil society.

36 CQ Researcher t r perior attitudes of British e use the past to promote their m

aristocracy and a revolt m political agendas — and to E

p

against British tyranny.” i me to not be very good his - h “You can’t properly tell s torians in the process — this n e

American history unless you k kind of stuff is going to find n a

teach the biblical motiva - l its way into textbooks, and B

tions of the people who e it’s going to be an ongoing e L

discovered the country, / debate. I worry about histo - E

like Christopher Columbus; M rians just maybe getting too I

the people that settled it, T tired and just giving in.” Conservative curriculum reviewer David Barton is like the Pilgrims and Puri - founder of WallBuilders. tans; the people who —Thomas J. Billitteri formed government, like the Founding Fathers,” Marshall said. “My point in all of this is that children of this nation 1 Barton is well-known in evangelical circles for speeches and books argu - need to be taught the truth about the biblical worldview. ing that America was founded as a Christian nation, and his online biogra - phy, at www.wallbuilders.com/ABTbioDB.asp, describes him as an “expert in The influence of the Bible and the Christian faith is ab - historical and constitutional issues.” However, his work has been sharply solutely gigantic in American history.” 4 criticized by some mainstream scholars. See, for example, Mark Lilla, “Essay: Church Meets State,” The New York Times , May 15, 2005, http://query. But critics lambasted the curriculum-review process. The nytimes.com/gst/fullpage.html?res=9403E1D91730F936A25756C0A9639C8B63. Texas Freedom Network, which describes itself as “a main - 2 Peter Marshall Ministries, http://petermarshallministries.com. stream voice to counter the Religious Right,” accused the board 3 Terrence Stutz, “3 take issue with social studies proposal; conservatives want of education of including on the curriculum-review panel “ab - greater mention of religion in classes,” Dallas Morning News , Oct. 16, 2009 . surdly unqualified ideologues who are hostile to public edu - 4 Quoted in Gary Scharrer, “What did Founding Fathers believe?” Houston Chronicle , Sept. 28, 2009, www.chron.com/disp/story.mpl/metropolitan/664 cation and argue that laws and public policies should be based 0410.html. 5 on their narrow interpretations of the Bible.” 5 “SBOE-Appointed Social Studies ‘Experts’ Lack Credentials, Denounce Pub - John Fea, an associate professor of American history at lic Education, Support,” press release, Texas Freedom Network, April 30, 2009, Messiah College, also expressed concern. “Some of these www.tfn.org/site/News2?page=NewsArticle&id=5778. Christian-right people have political power. As long as they

In 1953, President Dwight D. Eisen - per his ability to run the country, hower helped inaugurate the Presi - saying that presidential decisions Supreme Court Decisions dential Prayer Breakfast, a controver - should not be “limited or condi - sial annual political event that continues tioned by any religious oath, ritual nother Kennedy — Rep. Patrick J. today under the name of the Nation - or obligation.” A Kennedy, D-R.I., son of the late al Prayer Breakfast. 45 In 1954, during “I believe in an America where the Sen. Edward M. Kennedy — said in the dark est days of McCarthy-era anti- separation of church and state is ab - November he had been instructed by communist fervor, Congress inserted solute — where no Catholic prelate the Catholic bishop of Providence to “under God” into the Pledge of Al - would tell the president (should he be refrain from receiving Communion be - legiance. 46 In 1955 Congress added Catholic) how to act, and no Protes - cause of his position on abortion. 49 “In God We Trust” to paper curren - tant minister would tell his parish - And Obama, the first president to cy, and the following year it made ioners for whom to vote . . . and refer to “non-believers” in an inaugural those words the official national motto, where no man is denied public office speech, this year chose not to have a replacing “E Pluribus Unum” (Out of merely because his religion differs from National Day of Prayer service in the Many, One). 47 the president who might appoint him White House, drawing criticism from In 1960, Democratic presidential or the people who might elect him,” religious conservatives. candidate John F. Kennedy sought Kennedy said. 48 “President [Harry S.] Truman signed to reassure conservative ministers Issues surrounding politicians’ the first National Prayer Day procla - and other Protestants that his and presidents’ views of religion mation, and President [Ronald] Reagan Roman Catholic faith would not ham - continue today. made it a permanent occasion,” a Los

www.cqresearcher.com Jan. 15, 2010 37 GOVERNMENT AND RELIGION

The Family: “What they want is government by God. ” Author Jeff Sharlet talks about the secretive Christian group.

eff Sharlet is the author of the book The Family: The Secret sions, not just on social issues but on every issue, through Fundamentalism at the Heart of American Power , which the filter of a theology The Family describes as “Jesus plus J examines a secretive Christian group known as The Family, nothing.” What this amounts to in the real world is religion founded in 1935 to oppose union activity and whose mem - behind closed doors, the closed doors of C Street, the closed bers and associates include lawmakers and prominent busi - doors of the Cedars, its headquarters in Arlington, Va., the nessmen. The group runs a house in Washington, D.C., known closed doors of its “prayer cells” — that is The Family’s term as C Street, which has served as a meeting place and residence — around the world. for politicians such as South Carolina Gov. Mark Sanford, Neva - da Sen. John Ensign and former Rep. Chip Pickering of Missis - CQ: How is The Family organized? sippi, all of whom have been in the news over accusations of JS: The Family is different from other religious organiza - extramarital affairs. Sharlet is a contributing editor for Harper’s tions in that they are only interested in elites. At the heart of and Rolling Stone and since 2003 has been an associate re - it is a core group, like a board of directors, and at the center search scholar at New York University’s Center for Religion and of that is a man called Doug Coe, said to be closer to Jesus Media. He spoke by phone with CQ Researcher contributing and thus to the heart of power than anyone else in the world. writer Barbara Mantel. CQ: The Family openly organizes the annual CQ: What is “The Family?” National Prayer Breakfast and weekly fellowship JS: It’s the oldest and most influential religious organization groups for members of Congress. in Washington, D.C. It is not partisan, in that it includes both JS: Those are fairly innocuous, but they are seen within the Republicans and Democrats, although it is 90 percent Repub - group as recruiting tools to bring men into closer relationships licans, but it is political. with The Family, the spiritual tutelage of Doug Coe or anoth - er senior leader and eventually into active political work to - CQ: What is its mission? wards The Family’s goals. The next level would be a prayer JS: What they want is government by God. It doesn’t mean cell, which is a small, gender - and oftentimes class -segregated theocracy, and it doesn’t mean conspiracy. Rather , it refers to group that meets on a much more frequent basis to review a government by God-chosen elites. These people may still every aspect of members’ lives. The prayer cells are not to take be elected, but they are to seek authority for all their deci - political action as prayer cells, but action is expected to grow

Angeles Times blog noted. Under Pres - life and in his family’s life, the role tion at the start of the school day. The ident George W. Bush, it added, the that prayer plays.” 52 next year, in Abington School District v. day — the first Thursday of May — While public actions — a president’s Schempp , it held that a public school “was a political event, confirming a words or actions, say, or the content of district cannot require students to start conviction that religion was a core the Pledge of Allegiance — often draw the school day with Bible reading and tenet of Republican politics.” 50 controversy, many of the most momen - prayer. Many other cases have followed. “At this time in our country’s his - tous moves on the relationship between In terms of the Establishment tory, we would hope our president government and religion have continued Clause and government support for would recognize more fully the im - to occur in the Supreme Court. faith-based organizations, one of the portance of prayer,” said Shirley Dob - Over the past 50 years a long string most important rulings came in 1971 son, chairman of the National Day of of decisions has shaped the boundaries in Lemon v. Kurtzman , in which the Prayer Task Force and wife of James of government involvement in religion court struck down programs in two Dobson, founder of the conservative and the rights of citizens to express their states that subsidized teacher salaries group Focus on the Family. 51 beliefs in public settings and on public and provided other aid for instruction But White House press secretary property. Among the most controversial in secular subjects in parochial and Robert Gibbs said that while Obama have been school-prayer cases. In 1962, other private schools. 53 would sign a proclamation to recog - in Engel v. Vitale , the Supreme Court In Lemon , the court established a nize the day, “Prayer is something that ruled that a state could not compose three-part test, known as the “ Lemon the president does every day. I think an official prayer — even a voluntary, test,” to decide conflicts over the Es - the president understands, in his own nondenominational one — for recita - tablishment Clause. The court said that

38 CQ Researcher out of the relationships forged in ganized labor in the Northwest, where these private meetings. they began. In 1959, they designated a young Haitian leader and began orga - CQ: Who are members of The nizing U.S. support for him. That was Family? Papa Doc [Duvalier] . When Suharto JS: Sen. Jim Inhofe, Sen. John En - came to power in Indonesia, killing hun - sign, Sen. Sam Brownback, Sen. Bill dreds of thousands of his own citizens t e

Nelson, a Democrat, Congressmen Joe l in a coup, The Family called it a spiri - r a

Pitts and Zach Wamp. And in busi - h tual revolution and sent delegations of S

ness, I don’t want to say they are mem - f congressmen who became his champi - f e bers but people who are very involved J ons in Washington. They have func - Author Jeff Sharlet. are Dennis Bakke [CEO of Imagine tioned like a lobby without registering Schools, a company that operates char - as a lobby, and whether you think they ter schools in 10 states] and Thomas Phillips, former head of are of concern depends on whether you value transparency Raytheon. Overseas, probably the most prominent member in the and accountability in government. news today is Yoweri Museveni [the president of Uganda]. CQ: The Family’s house on C Street, known as the CQ: Does The Family have a political agenda? C Street Center, had been registered as a church but JS: They say they have no political agenda other than putting lost its tax -exempt status last fall. What happened? all nations on a Jesus footing. But when we look at what JS: For years, The Family was using the tax -exempt status they’ve done and what they do, we see a 75-year project that of the C Street Center to subsidize congressmen with below- has tended toward economic privatization, deregulation, free market rents and to bring them into an intense community for markets at any cost and all with Washington as, what the spiritual counseling, policy talk and biblical-worldview discipline. founder [Abraham Vereide] called, the world’s Christian capital. The problem with the C Street house is that they were financially helping these congressmen and not acknowledging it. CQ: Can you give some examples? — Barbara Mantel JS: The Family’s first project was to break the spine of or -

to be in compliance, a statute “must Through the years, various Supreme and bemoaned the strange Establish - have a secular legislative purpose; sec - Court justices have proposed alternative ment Clause geometry of crooked ond, its principal or primary effect must standards for Establishment Clause cases, lines and wavering shapes its inter - be one that neither advances nor in - including an “endorsement test” put forth mittent use has produced.” 56 hibits religion . . . [and] finally, the statute by Justice Sandra Day O’Connor under In recent years, the Supreme Court must not foster ‘an excessive govern - which courts would determine “whether has softened the strict church-state ment entanglement with religion.’ ” the government intends to convey a separation standards set down in the “The Lemon test would become an message of endorsement or disapproval Lemon case. In 1997, in Agostini v. extremely influential legal doctrine, of religion.” 55 Felton , the court, with O’Connor writ - governing not only cases involving And some have scorned the Lemon ing the 5-4 majority opinion, over - government funding of religious in - test, none more colorfully than Justice turned an earlier ruling and deter - stitutions but also cases in which the Antonin Scalia. “Like some ghoul in a mined that a federal program under government promoted religious mes - late-night horror movie that repeatedly which public school teachers offered sages,” a 2009 report by the Pew sits up in its grave and shuffles abroad, secular remedial instruction inside Forum on Religion & Public Life noted. after being repeatedly killed and buried, parochial schools did not violate the “Over the years, however, many jus - Lemon stalks our Establishment Clause Establishment Clause. 57 “More gen - tices have criticized the test because jurisprudence once again,” he wrote erally,” the decision “held that the the court has often applied it to re - in a 1993 concurring opinion. “I agree government may directly provide aid quire a strict separation between with the long list of constitutional to religious institutions when the aid is church and state.” 54 scholars who have criticized Lemon secular and the government provides

www.cqresearcher.com Jan. 15, 2010 39 GOVERNMENT AND RELIGION

safeguards to ensure that recipients The picture of what is and isn’t con - Scalia voiced similar views in a long use the aid for secular purposes,” stitutional became cloudier still in 2005 interview last fall with Hamodia , which the Pew Forum on Religion & Pub - when the court issued a pair of con - bills itself as “the newspaper of Torah lic Life said. 58 trasting decisions on displays of the Com - Jewry.” In 2000, the court upheld a federal mandments. In one 5-4 decision, the “It has not been our American con - program that allocated money for in - justices said a decades-old six-foot-tall stitutional tradition, nor our social or legal structional material and equipment to Ten Commandments monument on the tradition, to exclude religion from the public and private schools, including Texas Capitol grounds did not violate public sphere,” Scalia said. “Whatever the Catholic and other religiously affiliated the Establishment Clause. 64 In a com - Establishment Clause means, it certainly ones. 59 And in 2002, with the late con - panion 5-4 ruling, they said displays of does not mean that government cannot servative Chief Justice William H. Rehn - the Commandments at two courthouses accommodate religion, and indeed favor quist writing for a 5-4 majority, the court in Kentucky did violate the clause. 65 religion. My court has a series of opin - upheld an Ohio school-voucher pro - “To the extent that the decisions ions that say that the Constitution re - gram allowing low-income parents to provided guidelines for the further quires neutrality on the part of the gov - send their children to participating pub - cases that are all but certain to fol - ernment, not just between denominations, lic or private schools, most of them re - low,” Linda Greenhouse of The New not just between Protestants, Jews and ligious institutions. 60 York Times wrote, “it appeared to be Catholics, but neutrality between religion and non-religion. I do not believe that. That is not the American tradition.” 67

The picture of what is and isn’t constitutional became cloudier still in 2005 when the court CURRENT issued a pair of contrasting decisions on SITUATION displays of the Ten Commandments. Clarification or Confusion?

wo cases before the Supreme Court Meanwhile, in cases involving religious that religious symbols that have been T this year could help clarify the displays on public property, the court has on display for many years, with little court’s overall direction in issues in - rendered what many scholars say have controversy, are likely to be upheld, volving religion — or perhaps leave been inconsistent rulings over the years. while newer displays intended to ad - the legal waters as murky as ever. In 1980 it ruled that a Kentucky law vance a modern religious agenda will In December the court agreed to requiring the posting of the Ten Com - be met with suspicion and disfavor decide whether a public law school mandments in each public classroom from the court.” 66 can deny formal recognition to a Chris - violated the Establishment Clause. 61 Significantly, Scalia — among the tian student group that denies voting But in 1984 it ruled that a Christmas court’s most conservative justices and membership to homosexuals and re - display in a Rhode Island city’s shop - one likely to figure prominently in the quires its members to subscribe to its ping district had a legitimate “secular Salazar v. Buono and Christian Legal core religious beliefs. 68 purpose” despite inclusion of a Nativ - Society cases now before the court — The case, Christian Legal Society v. ity scene alongside a Santa house and used the 2005 cases to expand on his Martinez , sets questions of religious Christmas tree because the display por - views of religion and government. freedom and freedom of association trayed the historical origins of the Christ - “[T]here is nothing unconstitutional against the ability of a state-funded uni - mas holiday. 62 Five years later the court in a State’s favoring religion generally, versity to impose policies barring dis - said a stand-alone Nativity scene inside honoring God through public prayer crimination on the basis of religion and a Pittsburgh courthouse, bearing a ban - and acknowledgement, or, in a non- sexual orientation, among other grounds. ner declaring “Gloria in Excelsis Deo” proselytizing manner, venerating the As noted in the Los Angeles Times , “the (Glory to God in the Highest), violated Ten Commandments,” Scalia wrote in case could set new rules for campus the Establishment Clause. 63 a concurring opinion in the Texas case. Continued on p. 42

40 CQ Researcher At Issue:

Is tyhes e United States a Christian nation?

LT. COL. E. RAY MOORE HERB SILVERMAN CHAPLAIN , U.S. A RMY RESERVE (R ET .), PRESIDENT , S ECULAR COALITION FOR PRESIDENT , E XODUSMANDATE .ORG AMERICA

WRITTEN FOR CQ RESEARCHER , JANUARY 2010 WRITTEN FOR CQ RESEARCHER , JANUARY 2010

as America founded as a Christian nation? The an - merica is a Christian nation in the same way it is a swer was once self-evident and a resounding “Yes!” white nation. The majority of Americans are white and w If you had posed this question to Americans 40 years a Christian, but we are not now nor have we ever officially ago, they would have said, “Of course,” and looked askance at been a white or Christian nation. Those who believe otherwise anyone who suggested otherwise. The fact that the question might be harkening back to the first Europeans who settled here. meets with doubt today proves that the secular revolution to Unlike our 18th-century Founders like Washington, Jefferson “de-Christianize” America is succeeding. and Madison, the Pilgrims and Puritans were religious dissenters The indisputable historic fact is that America’s culture, laws from Europe who sought freedom of worship for their own and civil institutions were founded on Christian principles. The versions of Christianity, but not for religious freedom of others. vast majority of the Founders professed the Christian faith. The Most of our early colonies also made blasphemy a crime, an Church of the Holy Trinity v. United States , decided by the offense that could be punishable by death. Supreme Court in 1892, confirms this. It has faded from public In the American Revolution of 1776, political leaders in the memory and has been expunged from federal jurisprudence. soon-to-be United States not only declared independence from Those who would know whether America was a Christian England but also declared something even more radical — that nation shouldy revisit this cease. s “Governments anre instituted amono g men deriving their just The Supreme Court’s unanimous decision in Holy Trinity powers from the consent of the governed.” Americans rejected stated that the government could not prosecute the church for kings with a God-given authority to rule through “divine right.” hiring a foreign pastor, even though federal law expressly forbade In coming up with this new federal government, a minority hiring immigrants. The court said blocking the hiring would faction in the Constitutional Convention of 1787 sought some restrict the freedom of the Christian Church and religion in recognition of Christianity, but more enlightened Founders dis - general and would violate the First Amendment. Moreover, agreed. That’s why there are only three references to religion Justice David Brewer wrote that to do so would pit the in the Constitution. Article 6 says no religious test shall ever federal government “against religion.” be required as a qualification to any office; the First Amend - Brewer stated, “Churches and church organizations . . . ment says Congress shall make no law respecting an establish - abound. . . . A multitude of charitable organizations exist . . . ment of religion and limits the government’s power to inter - under Christian auspices. . . . These add a volume of unoffi - fere with expressions of religious belief. cial declarations to the mass of organic utterances that this is Our Founders did not want the new federal government to a Christian nation.” Brewer concluded the American people meddle in religion. They wisely established a secular nation had established civil orders in accord with the laws of God, whose authority rests with “We the People” (the first three including the right to promote the Christian religion without words of the U.S. Constitution) and not with “Thou the Deity.” interference from civil government. We the people are free to worship one, many or no gods. Christianity teaches, and most Christians support, a jurisdic - Unambiguous language from our Founders really should settle tional separation between church and state, but not separation this debate over whether America is a Christian nation. In 1797 of God and government. A secular state is not American, not the Treaty of Tripoli was negotiated by George Washington, Christian, nor wise. Civil government must obey God’s laws. signed by John Adams and ratified unanimously by the Senate. The meaning of the First Amendment has been upended. It stated in part: “The government of the United States is not in Often the term “separation of church and state” is used to blud - any sense founded on the Christian religion.” I wonder what geon people of religious faith. The First Amendment was adopt - part of “not” that Christian-nation advocates don’t understand. ed, however, to block the federal government from over-reaching There have always been people who erroneously believe into the religious realm, not to control the church. The “wall of the Founders intended to establish a Christian nation. But the separation” concept meant keeping the federal government out Framers were careful and thoughtful writers. Had they wanted of the church, not keeping Christian values out of government. a Christian republic, it seems highly unlikely that they would Christian America gave us religious liberty and freedom of somehow have forgotten to include their Christian intentions conscience. When the secular revolution is complete, that lib - in the supreme law of the land. And I defy anyone to find erty wnoill no longer exist. the words “God” or “Jesus” in the Constitution. www.cqresearcher.com Jan. 15, 2010 41 GOVERNMENT AND RELIGION

Continued from p. 40 bers who engage in that conduct. CLS’s the Park Service turned down a request groups that receive funding through beliefs about sexual morality are among to build a Buddhist shrine near the cross. fees paid by the students.” 69 its defining values; forcing it to accept A federal court agreed with Buono’s A student chapter of the Christian as members those who engage in or constitutional claim, and the cross was Legal Society (CLS), which bills itself as approve of homosexual conduct would covered, but that wasn’t the end of the “a nationwide association of Christian cause the group as it currently identi - controversy. While the case was pend - attorneys, law students, law professors fies itself to cease to exist.” 74 ing in federal district court, Congress and judges,” was denied recognition by In the Hastings case, Kim Colby, se - designated the site a national memori - the University of California’s Hastings nior counsel with the Center for Law & al and prohibited the cross from being College of the Law in San Francisco. Religious Freedom, CLS’s advocacy divi - taken apart using federal funds. A year CLS “says it welcomes all students sion, said “public universities shouldn’t later, Congress transferred the parcel on to participate in its activities,” The New single out Christian student groups for which the cross sits to the VFW in ex - York Times reported, but it bars stu - discrimination. All student groups have change for a nearby piece of privately dents from voting membership or lead - the right to associate with people of like owned land. Buono sought to enforce ership roles “unless they affirm what mind and interest. We trust the Supreme the federal court order and block the the group calls orthodox Christian be - Court will not allow Hastings to con - property swap. More legal action fol - liefs and disavow ‘unrepentant partici - tinue to deprive CLS of this right by forc - lowed, culminating in the case moving pation in or advocacy of a sexually im - ing the group to abandon its identity as to the Supreme Court. moral lifestyle,’ ” including “ ‘sexual a Christian student organization.” 75 The court’s decision is unlikely to conduct outside of marriage between But Ethan P. Schulman, a San Fran - rest on whether the cross is a violation a man and a woman.’ ” 70 cisco lawyer for Hastings, said the Chris - of the Establishment Clause, many legal Hastings officially recognizes roughly tian students are free to meet informally experts say. Instead, they say it may 60 student groups, which must agree to on campus, “The real question,” Schul - rest on whether Buono had standing the school’s antidiscrimination policy. 71 man said, “is whether a law school is to sue — in other words, whether he In losing formal recognition, CLS lost, obliged to subsidize a group with student was legally entitled to bring his case in among other things, the right to use fees that is committed to discriminating the first place — or whether the land reserved meeting rooms and school- against some students. If their position is swap was a proper remedy to the con - funded travel costs for CLS leaders to accepted by the court, it could force uni - stitutional issue posed by the presence attend national meetings, according to versities across the country to subsidize of the cross on federal land. the Los Angeles Times. 72 discriminatory organizations, including pos - Either approach could pose challenges In March 2009, the 9th U.S. Circuit sibly hate groups or extremist groups.” 76 to the court. Some legal analysts say they Court of Appeals supported Hastings, Oral arguments in the case will hope the justices don’t use the case to declaring that the law school “impos - likely occur in March, with a decision wade into the standing-to-sue doctrine es an open-membership rule on all stu - due by the end of June. because that area of the law already is dent groups — all groups must accept muddled and difficult to parse. On the all comers as voting members even if other hand, if the court rules that the those individuals disagree with the Site of the Cross land transfer solved the constitutional prob - mission of the group. The conditions lems posed by the cross, the justices will on recognition are therefore viewpoint eparately, in Salazar v. Buono , the need to reconcile its reasoning with past neutral and reasonable.” 73 S justices are considering a cross orig - Supreme Court action, observers say. But in 2006, the 7th U.S. Circuit Court inally erected in the Mojave National Pre - The court “will at the very least have of Appeals came to an opposite con - serve in 1934 by the Veterans of Foreign to explain how its decision is not over - clusion in a case dealing with a CLS Wars (VFW) and replaced several times ly formalistic and how it takes account chapter at the University of Southern by private parties. Frank Buono, a for - of how people who visit the area are Illinois law school. “One of [CLS’s] be - mer Park Service employee and a Roman likely to interpret things,” Vikram David liefs is that sexual conduct outside of a Catholic, claimed the cross violated the Amar, associate dean for academic affairs traditional marriage is immoral,” Judge Establishment Clause. While not object - at the University of California, Davis, law Diane S. Sykes wrote for the court. “It ing to the cross’ presence on govern - school, wrote in a column for FindLaw. would be difficult for CLS to sincerely ment property, Buono expressed offense Amar noted that in 1985, in Wallace and effectively convey a message of dis - at its display on federal land not made v. Jaffree , the court struck down an approval of certain types of conduct if, available for groups and individuals to Alabama statute allowing a mo ment of at the same time, it must accept mem - put up other religious displays. In 1999 silent prayer in public schools. 77 The

42 CQ Researcher court invalidated the law, Amar wrote, But Carey, at the National Associa - Army. “And it’s not just about Muslims. “in part because many observers plau - tion of Evangelicals, declared in a We have a very diverse army. We have sibly understood the statute to be a Washington Post column, “Bravo to the a very diverse society. And that gives substitute for the state-sponsored prayer Catholic bishops for their heroic efforts us all strength.” 81 statutes” struck down by federal courts to protect immigrants, the poor, the in prior years. If the court viewed the sick, the elderly and the unborn as the Alabama law as “an impermissible cir - current health-care debate unfolds. Their Notes cumvention of constitutional principle,” unflagging support for a consistent Amar continued, “then at least the court ethic of life is a powerful witness to a 1 Roscoe Barnes III, “Protesters want nativity will have to explain why the transfer nation which too often seems to have scene back on square,” Hanover, Pa., Evening of land in the Buono case should not lost its moral compass.” 80 Sun , Dec. 1, 2009, www.eveningsun.com/local be understood similarly.” 78 Along with battles over abortion and news/ci_13895803 . 2 health care, the culture wars may well “Religious Expression in American Public Life: A Joint Statement of Current Law,” Center for feature more conflict over government Religion and Public Affairs, Wake Forest Uni - funding for programs provided by re - versity Divinity School, Jan. 12, 2010, http:// OUTLOOK ligious organizations. The Supreme divinity.wfu.edu/rpa /. For background, see the Court could wind up deciding whether following CQ Researcher reports: David Masci, federal policies on faith-based fund - “Religion and Politics,” July 30, 2004, pp. 637- ing allow government to pay directly 660; Brian Hansen, “Religion in the Workplace,” Continuing Battles for services that have religious con - Aug. 23, 2002, pp. 649-672, and Patrick Marshall, tent, such as rescue-mission soup “Religion in Schools,” Jan. 12, 2001, pp. 1-24. onflicts over government and reli - kitchens or church-run homeless shel - 3 Peter Urban, “GOP defends ‘God’ at Capi - C gion, many experts say, are un - ters that include group prayer or reli - tol Visitor Center,” Gannett Washington Bu - likely to end anytime soon, if ever. gious tracts as part of their services. reau, Nov. 17, 2009, www.azcentral.com/news/ articles/2009/11/17/20091117gan-visitorcenter- “As long as this debate remains How the court would rule in such a ON.html . politicized, we’re going to continue to case is “very hard to predict,” given its 4 Quoted in Lindsay Perna, “Atheists sue to do battle in the culture wars,” says ideological diversity, Tuttle of George Wash - stop ‘In God We Trust’ in Capitol visitor’s Messiah College’s Fea. ington law school says. A big question, center,” USA Today , July 17, 2009, www.usa Those battles are raging on a variety he says, is how Justice Anthony Kennedy, today.com/news/religion/2009-07-17-atheist- of fronts, from gay-marriage laws to the who is often viewed as a swing vote on capitol_N.htm . moral implications of climate-change highly controversial cases, would vote. 5 Julia Duin, “Cardinal: lobbying health re - policy. One of the most visible and re - Perhaps the most worrisome di - form is duty,” Washington Times , Nov. 17, cent battles has occurred over Wash - mension of the culture wars comes at 2009, www.washingtontimes.com/news/2009/ ington’s efforts to overhaul the health- the intersection of religion, foreign nov/17/cardinal-sees-health-care-stance-as-a-duty /. 6 care system. The nation’s Roman policy and national security. Rep. Lynn Woolsey, “Woolsey: IRS should scrutinize bishops,” Politico , Nov. 9, 2009, www. Catholic bishops have fought to prevent Some worry, for example, that efforts politico.com/news/stories/1109/29336.html . federal funds from being used for abor - to cast the United States as a “Christian 7 Robert Draper, “And He Shall Be Judged,” tions, and critics have accused the bish - nation” will fuel perceptions among the GQ , June 2009, www.gq.com/news-politics/ ops of undermining health-care reform. world’s Muslims that anti-terrorism cam - newsmakers/200905/donald-rumsfeld-adminis “Why is it that the bishops are more paigns in Iraq, Afghanistan and else - tration-peers-detractors . concerned with restricting millions of where are aimed at suppressing Islam. 8 David E. Sanger, “Biblical Quotes Said to American women from making health- And after Army psychiatrist Nidal Malik Adorn Pentagon Reports,” The New York Times , care decisions that are best for them and Hasan, a Muslim, allegedly killed 13 and May 18, 2009, www.nytimes.com/2009/05/18/ their families than they are with ensur - wounded dozens at Fort Hood, Texas, us/18rumsfeld.html?scp=1&sq=biblical%20quotes ing that millions of Americans — women, in November, commanders expressed %20said%20to%20adorn%20pentagon&st=cse . 9 men, children, immigrants, the poor, the concern about a backlash against U.S. “ ’07 survey shows Americans’ views mixed on basic freedoms,” First Amendment Center, middle class — get much-needed health soldiers who are Muslim. Sept. 24, 2007, www.firstamendmentcenter.org/ insurance?” former Maryland Lt. Gov. Kath - “[W]hat happened at Fort Hood was news.aspx?id=19031 . leen Kennedy Townsend wrote in Politi - a tragedy, but I believe it would be 10 “American Religious Identification Survey 2008,” co in December. “As a Catholic, I dare an even greater tragedy if our diver - March 2009, www.americanreligionsurvey- say it’s because the Conference of Catholic sity becomes a casualty here,” said Gen. aris.org/2009/03/catholics_on_the_move_non- Bishops has lost its way.” 79 George Casey, chief of staff of the religious_on_the_rise.html .

www.cqresearcher.com Jan. 15, 2010 43 GOVERNMENT AND RELIGION

11 “Treaty of Peace and Friendship,” 1796, ac - 25 Quoted in ibid. ism and Faith,” Emory Law Journal , Vol. 56, cessed at http://avalon.law.yale.edu/18th_ 26 Ibid. Issue 1, 2006, p. 20, www.law.emory.edu/file century/bar1796.asp . 27 In South Carolina, state law allows private admin/journals/elj/56/1/Lupu___Tuttle.pdf . 12 Church of the Holy Trinity v. United States , groups to have license tags bearing their own 38 Ibid. 143 U.S. 457. message, and the CEO of a group called the 39 “The Blaine Game: Controversy Over the 13 “Joint Press Availability with President Obama Palmetto Family Council filed a request with Blaine Amendments and Public Funding of Re - and President Gul of Turkey,” White House, the state motor vehicles department to have ligion,” Pew Forum on Religion & Public Life, April 6, 2009, www.whitehouse.gov/the_press_ an “I Believe” plate issued. See John Monk, July 24, 2008, http://pewforum.org/events/?Event office/Joint-Press-Availability-With-President- “ ‘I Believe’ tag might be resurrected,” The ID=194 . For further discussion and analysis of Obama-And-President-Gul-Of-Turkey /. State , Nov. 27, 2009, www.thestate.com/154/ the Blaine Amendments, see Akhil Reed Amar, 14 “Age of Obama Threatening America’s v-mobile/story/1045682.html . The Bill of Rights (1998), pp. 254-255. Safety?” Fox News, April 9, 2009, www.foxnews. 28 John Monk, “Judge strikes down plate,” 40 In Bradfield v. Roberts (1899), the court com/story/0,2933,513599,00.html . The State , Nov. 11, 2009, www.thestate.com/ said federal funding of a Catholic hospital 15 “Groups criticize McCain for calling U.S. 513/story/1022683.html . was constitutional because the facility’s main ‘Christian nation,’ ” CNN, Oct. 1, 2007, www.cnn. 29 Quoted in ibid. purpose was to provide secular care. In com/2007/POLITICS/10/01/mccain.christian. 30 For background see Sarah Glazer, “Faith- Quick Bear v. Leupp (1908) the court upheld nation /. Based Initiatives,” CQ Researcher , May 4, 2001, federal support of a Catholic school serving 16 Christian Legal Society v. Martinez , Docket pp. 377-400. a Sioux reservation because the money came No. 08-1371. 31 “Obama Delivers Speech on Faith in Amer - from a Sioux trust fund. For background, see 17 Salazar v. Buono , Docket No. 08-472. ica,” The New York Times , July 1, 2008, www. Ira C. Lupu, David Masci, Jesse Merriam and 18 Torcaso v. Watkins , 367 U.S. 488 (1961). nytimes.com/2008/07/01/us/politics/01obama- Robert W. Tuttle, “Shifting Boundaries: The 19 “74% Support Religious Displays on Public text.html?scp=1&sq=obama%20delivers%20speech Establishment Clause and Government Fund - Property,” Rasmussen Reports , Dec. 24, 2008, %20on%20faith%20in%20america&st=cse . ing of Religious Schools and Other Faith- www.rasmussenreports.com/public_content/life 32 “Higher Law: Faith-Based Hiring and the Based Organizations,” Pew Forum on Reli - style/holidays/december_2008/74_support_ Obama Administration,” Pew Research Center, gion & Public Life, May 2009, http://pew re ligious_displays_on_public_property . Feb. 2, 2009, http://pewresearch.org/pubs/ forum.org/newassets/images/reports/funding/ 20 Ira C. Lupu, David Masci and Robert W. 1101/faith-based-hiring-obama-administration . funding.pdf . Tuttle, “Religious Displays and the Courts,” Pew 33 “Interfaith Alliance and Others Call on At - 41 Cantwell v. Connecticut , 310 U.S. 296 (1940). Forum on Religion & Public Life, June 2007, torney General to Review and Withdraw Memo 42 Everson v. Board of Education , 330 U.S. 1 http://pewforum.org/assets/files/religious- That Threatens Crucial Religious Freedom Pro - (1947). displays.pdf . According to the report, a 2005 tections,” news release, Interfaith Alliance, 43 The phrase “wall of separation” was coined survey by the Pew Research Center found that Sept. 17, 2009, www.interfaithalliance.org/news/ by Roger Williams, a 17th-century Baptist 83 percent of Americans said displays of 320-interfaith-alliance-calls-on-attorney-general- theologian and founder of Rhode Island, who Christmas symbols should be allowed on gov - to-review-and-withdraw-memo-that-threatens- declared that a “wall of separation” existed ernment property, and another 2005 Pew poll crucial-religious-freedom-protections . “between the garden of the church and the found that 74 percent said they believed it 34 “Religion and the Founding of the Ameri - wilderness of the world.” Jefferson, in an 1802 was proper to display the Ten Commandments can Republic,” VI, “Religion and the Federal letter to the Danbury [Conn.] Baptist associ - in government buildings. Government,” Part 1, Library of Congress, ation suggesting that religious minorities need 21 Stone v. Graham , 449 U.S. 39. www.loc.gov/exhibits/religion/rel06.html . not worry about persecution, said the First 22 Lynch v. Donnelly , 465 U.S. 668. 35 Washington’s Farewell Address, 1796, accessed Amendment builds “a wall of separation be - 23 Lupu, et al. , op. cit. , pp. 2-3. at http://avalon.law.yale.edu/18th_century/wash tween church and state.” See Lupu, et al. , 24 “Chambersburg Council Votes to Remove ing.asp . Source of Washington being an Epis - footnote 40. In Reynolds v. United States (1878), Nativity Scene,” WHAG-TV, MSNBC.com, copal vestryman is Library of Congress, ibid. in upholding a federal anti-bigamy statute in Nov. 24, 2009, http://your4state.com/con 36 Library of Congress, op. cit. a case involving a Mormon leader, the Supreme tent/fulltext/?cid=89441 . 37 Ira C. Lupu and Robert W. Tuttle, “Federal - Court alluded to Jefferson’s “wall of separa - tion” phrase, adding that “it may be accepted almost as an authoritative declaration of the About the Author scope and effect of the [First] amendment.” 44 James Hutson, “ ‘A Wall of Separation,’ ” Thomas J. Billitteri is a CQ Researcher staff writer based Library of Congress Information Bulletin , June in Fairfield, Pa., who has more than 30 years’ experience 1998, www.loc.gov/loc/lcib/9806/danbury.html . covering business, nonprofit institutions and public policy 45 See, for example, Jeff Sharlet, The Family for newspapers and other publications. His recent CQ Re - (2009), p. 195. searcher reports include “Auto Industry’s Future,” “Afghanistan’s 46 David Greenberg, “The Pledge of Allegiance,” Future” and “Financial Literacy.” He holds a BA in English Slate , June 28, 2002, www.slate.com/?id=20 and an MA in journalism from Indiana University. 67499 . 47 Ibid.

44 CQ Researcher 48 “Address of Sen. John F. Kennedy to the Greater Houston Ministerial Association, ” John F. Kennedy Presidential Library and Museum, FOR MORE INFORMATION Sept. 12, 1960, www.jfklibrary.org/Historical+ Americans United for Separation of Church and State , 518 C St., N.E., Resources/Archives/Reference+Desk/Speeches/ Washington, DC 20002 ; (202) 466-3234 ; www.au.org . Advocacy group that sup - JFK/JFK+Pre-Pres/1960/Address+of+Senator+ ports separation of church and state. John+F.+Kennedy+to+the+Greater+Houston+ Ministerial+Association.htm . Christian Legal Society , 8001 Braddock Road, Suite 300, Springfield, VA 22151; 49 Ian Urbina, “Kennedy Discouraged from (703) 642-1070 ; www.clsnet.org . Nationwide association of Christian attorneys, law Communion by Bishop,” The New York Times , students, law professors and judges. Nov. 23, 2009, www.nytimes.com/2009/11/23/ Council on American-Islamic Relations , 453 New Jersey Ave., S.E., Washington, DC us/23kennedy.html?scp=1&sq=patrick%20kennedy 20003 ; (202) 488-8787 ; www.cair.com . Works to enhance understanding of Islam. &st=cse . 50 Johanna Neuman, “Obama ends Bush-era Exodus Mandate , P.O. Box 12072, Columbia, S.C. 29211 ; (803) 714-1744 ; National Prayer Day service at White House,” www.exodusmandate.org . Urges Christians to withdraw their children from the Top of the Ticket blog, Los Angeles Times , public-school system and place them in Christian schools or home school them May 7, 2009, http://latimesblogs.latimes.com/ with a Christian emphasis. washington/2009/05/obama-cancels-national- prayer-day-service.html . First Amendment Center at Vanderbilt University , 1207 18th Ave. S., Nashville, TN 37212 ; (615) 727-1600; and First Amendment Center/Washington, 51 Statement by Shirley Dobson quoted in ibid. 52 555 Pennsylvania Ave., N.W., Washington, DC 20001; (202) 292-6288 ; www.firsta - Quoted in ibid. mendmentcenter.org . Supports the First Amendment through education, research 53 Lemon v. Kurtzman , 403 U.S. 602 (1971). and other activities. See Lupu, Masci, Merriam and Tuttle, op. cit. , p. 5; and Kermit L. Hall, ed., The Oxford Freedom From Religion Foundation , P.O. Box 750, Madison, WI 53701 ; (608) Companion to the Supreme Court of the United 256-8900 ; www.ffrf.org . Advocacy group that supports separation of church and state. States (1992), p. 500. 54 Lupu, Masci, Merriam and Tuttle, op. cit. , National Association of Evangelicals , P.O. Box 23269, Washington, DC 20026 ; (202) 789-1011 ; www.nae.net . Represents more than 45,000 evangelical churches p. 9. from more than 40 denominations. 55 Lynch v. Donnelly , 465 U.S. 668 (1984). 56 Lamb’s Chapel v. Center Moriches Union Pew Forum on Religion & Public Life , 1615 L St., N.W., Suite 700, Washing - Free School District , 508 U.S. 384 (1993). ton, DC 20036-5610 ; (202) 419-4550 ; http://pewforum.org . Research group focus - 57 Agostini v. Felton , 521 U.S. 203 (1997). ing on intersection of religion and politics, law, domestic policy and world affairs. 58 Lupu, Masci, Merriam and Tuttle, op. cit. , p. 5. Secular Coalition for America , P.O. Box 66096, Washington, DC 20035-6096 ; (202) 299-1091 ; www.secular.org . Advocates church-state separation and greater 59 Mitchell v. Helms , 530 U.S. 793 (2000). inclusion of atheists, agnostics and other “non-theistic Americans.” 60 Zelman v. Simmons-Harris , 536 U.S. 639 (2002). 61 Stone v. Graham , 449 U.S. 39 (1980). 62 Lynch v. Donnelly , 465 U.S. 668 (1984). 8-2009dec08,0,6381342.story . 78 Vikram David Amar, “The Supreme Court 63 County of Allegheny v. ACLU , 492 U.S. 573 70 Adam Liptak, “Rights and Religion Clash Faces the Question of Who Can Sue to Chal - (1989). in Court,” The New York Times , Dec. 8, 2009, lenge a Religious Display,” FindLaw, Oct. 9, 64 Van Orden v. Perry , 545 U.S. 677 (2005). www.nytimes.com/2009/12/08/us/08scotus.html? 2009, http://writ.news.findlaw.com/amar/2009 65 McCreary County v. ACLU , 545 U.S. 844 (2005). scp=1&sq=rights%20and%20religion%20clash& 1009.html . 66 Linda Greenhouse, “Justices Allow a Com - st=cse . 79 Kathleen Kennedy Townsend, “On health mandments Display, Bar Others,” The New 71 Ibid. care, the bishops have lost their way,” Politico , York Times , June 28, 2005, http://query.ny 72 Savage, op. cit. Dec. 8, 2009, www.politico.com/news/stories/ times.com/gst/fullpage.html?res=9906E7DF153 73 Accessed at www.scotusblog.com/wp/wp- 1209/30311.html . AF93BA15755C0A9639C8B63&sec=&spon=&& content/uploads/2009/10/08-1371_ca9.pdf . 80 Galen Carey, “Bravo to the bishops,” The scp=2&sq=mccreary%20van%20orden&st=cse . 74 Accessed at http://caselaw.lp.findlaw.com/ Washington Post , Nov. 19, 2009, http://news 67 Y. M. Lichtenstein and T. Moskovits, “Jus - data2/circs/7th/053239p.pdf via Liptak, op. cit. week.washingtonpost.com/onfaith/panelists/galen_ tice Scalia: ‘The American People Respect 75 “U.S. Supreme Court agrees to hear lawsuit carey/2009/11/bravo_to_the_bishops.html?hpid= Religion,’ ” Hamodia , Sept. 16, 2009. against UC-Hastings,” press release, Christian talkbox1 . 68 Christian Legal Society v. Martinez , 08-1371. Legal Society, Dec. 7, 2009, www.clsnet.org/ 81 “This Week with George Stephanopoulos,” 69 David G. Savage, “Supreme Court will de - center/updates/press-release-us-supreme-court- “Transcript: Gen. Casey, Steele vs. Kaine,” cide appeal of Christian student group,” Los agrees-hear-lawsuit-against-uc-hastings . ABC News, Nov. 8, 2009, http://abcnews.go. Angeles Times , Dec. 8, 2009, www.latimes.com/ 76 Savage, op. cit. com/ThisWeek/Politics/transcript-steele-kaine/ news/nation-and-world/la-na-court-christians 77 Wallace v. Jaffree , 472 U.S. 38 (1985). story?id=9023724 .

www.cqresearcher.com Jan. 15, 2010 45 Bibliography Selected Sources

Books “ample precedent in American diplomacy and constitutional thought.” Boyd , Gregory A. , The Myth of a Christian Nation , Zondervan , 2005 . Meacham , Jon , “The End of Christian America,” Newsweek , A conservative evangelical pastor argues that “a significant April 4, 2009 , www.newsweek.com/id/192583 . segment of American evangelicalism is guilty of nationalistic The percentage of Christians in the U.S. population is shrink - and political idolatry.” ing, and fewer people think the U.S. is a “Christian nation.”

Kramnick , Isaac , and R. Laurence Moore , The Godless Sanders , Joshunda , “Christianity’s role in history of U.S. Constitution , Norton , 2005 . at issue,” Austin American-Statesman , Jan. 10, 2010 , Two Cornell University professors offer, as the book’s subtitle www.statesman.com/news/texas-politics/christianity-s- states, “a moral defense of the secular state.” role-in-history-of-u-s-172516.html . Ideas submitted by Christian conservatives David Barton Lilla , Mark , The Stillborn God , Knopf , 2007 . and the Rev. Peter Marshall for revisions to the social studies An intellectual historian explores the nexus of political theology curriculum in Texas public schools could shape how social and political philosophy over 400 years. studies are taught in the state for the next decade.

Meacham , Jon , American Gospel , Random House , 2006 . Reports and Studies The Newsweek editor and historian writes that “religion shapes the life of the nation without strangling it.” “Religious Expression in American Public Life: A Joint Statement of Current Law,” Center for Religion and Pub - Noll , Mark A. , Nathan O. Hatch and George M. Marsden , lic Affairs, Wake Forest University Divinity School , Jan. 12, The Search for Christian America , Helmers & Howard , 1989 . 2010 , http://divinity.wfu.edu/rpa /. Evangelical Christian scholars offer a useful analysis of the A diverse group of leaders from religious and secular or - nation’s historical and religious origins. ganizations, including Jewish, Muslim, Christian evangelical, mainline Protestant and Catholic, drafted a 32-page docu - Articles ment billed as “the most comprehensive joint statement of current law to date on legal issues dividing church and state.” Fea , John , “Is America a Christian Nation? What Both Left and Right Get Wrong,” History News Network , Oct. 1, 2007 , Kosmin , Barry A. , Ariela Keysar , et al. , “American Nones: http://hnn.us/articles/42835.html . The Profile of the No Religion Population: A Report Based A Messiah College history teacher argues that neither the on the American Religious Identification Survey 2008,” Christian Right nor the secular left is immune to errors of Trinity College , March 2009 , www.americanreligionsurvey- historical thinking. aris.org/reports/NONES_08.pdf . About 15 percent of American adults don’t identify with Johnson , Carrie , “Obama Cautious on Faith-Based Ini - any particular religious group, while the proportion among tiatives,” The Washington Post , Sept. 15, 2009 , p. 6A . those ages 18-29 is higher. The Justice Department’s Office of Legal Counsel has been considering a religious-freedom memo written during the Lupu , Ira C. , David Masci and Robert W. Tuttle , “Religious George W. Bush administration. Displays and the Courts,” Pew Forum on Religion & Pub - lic Life , June 2007 , http://pewforum.org/assets/files/ Lichtenstein , Y. M. , and T. Moskovits , “Justice Scalia: religious-displays.pdf . ‘The American People Respect Religion,’ ” Hamodia , Legal experts trace key court cases dealing with religious Sept. 16, 2009 . displays in public areas. The Supreme Court justice tells the newspaper of Torah Jewry that “it has not been our American constitutional tradition, nor our Lupu , Ira C. , David Masci and Robert W. Tuttle , “Shifting social or legal tradition, to exclude religion from the public sphere.” Boundaries: The Establishment Clause and Government Funding of Religious Schools and Other Faith-Based Orga - Lind , Michael , “America is not a Christian nation,” nizations,” Pew Forum on Religion & Public Life , May 2009 , Salon.com , www.salon.com/opinion/feature/2009/04/14/ http://pewforum.org/newassets/images/reports/funding/ christian_nation /. funding.pdf . President Obama’s remark that “we do not consider ourselves In the 18th century, public funding of religious activity was a Christian nation or a Jewish nation or a Muslim nation” has attacked, legal scholars note in this broad historical analysis.

46 CQ Researcher The Next Step: Additional Articles from Current Periodicals

Christian Nation Hodges , Corey J. , “Ruling a Victory for Religious Monu - ments in Parks,” Salt Lake Tribune , March 6, 2009 . Cox , Graydon , “America Has a Christian Heritage,” The U.S. Supreme Court has ruled that Pleasant Grove, Utah, Bucyrus (Ohio) Telegraph Forum , June 20, 2009 , p. 6 . can refuse to place a Summum religious group monument It can be demonstrated that there was definitely a Christian beside a Ten Commandments monument in a public park. influence in the founding of the United States. Kravitz , Derek , “Leesburg Reins In Its Holiday Display,” Janek , Robert , “Questions Abundant in Christianity De - The Washington Post , Dec. 1, 2009 , p. B10 . bate,” San Angelo (Texas) Standard-Times , March 26, A new policy prohibits all decorations — religious or othe r- 2009 . wise — from being displayed on the courthouse lawn in Nowhere in the Declaration of Independence or Constitu - Leesburg, Va. tion does it say that the United States is exclusively a Chris - tian nation. Srubas , Paul , “Group Drops Nativity Appeal,” Green Bay (Wisconsin) Press-Gazette , Jan. 15, 2009 , p. 1A . Simer , Tracie , “Is America Really a Christian Nation?” The Freedom From Religion Foundation has withdrawn its Jackson (Tennessee) Sun , July 4, 2009 , p. 1. appeal of a suit filed over the display of a nativity scene at More than 80 percent of Americans identify themselves as the city hall of Green Bay, Wis. Christian , according to the Pew Forum on Religion & Public Life. Textbooks Faith-Based Programs Mattox Jr. , William R. , “Teach the Bible? Of Course.” Haynes , Charles C. , “Accepting Federal Funds Can USA Today , Aug. 17, 2009 , p. 9A . Threaten Religious Autonomy and Freedom,” Asbury Most public schools do not know how to handle the issue Park (New Jersey) Press , March 18, 2009 . of what to teach students about the Bible. Critics of government-funded faith-based initiatives say there aren’t enough safeguards against religious discrimination by Scharrer , Gary , “Social Studies Textbook Panel Has religious groups . Hands Full,” Houston Chronicle , Nov. 23, 2009 , p. B2 . The Texas board of education is considering how to prop - Quintero , Fernando , “Faith Leaders: No Abortion, Euthanasia erly include religious information in social studies textbooks. in Health Care,” Orlando Sentinel , Aug. 12, 2009 , p. B1 . Faith leaders who support health-care reform have largely Stutz , Terrence , “Evolution Flaws in Textbooks Opposed,” objected to federal funding for abortions and euthanasia. Dallas Morning News , Jan. 23, 2009 , p. 1A . The strengths and weaknesses of evolutionary theory are Salmon , Jacqueline L. , “Government Cutbacks Leave no longer required to be taught by Texas biology teachers. Faith-Based Services Hurting,” The Washington Post , Feb. 20, 2009 , p. A1 . CITING CQ RESEARCHER Faith-based charities are facing unprecedented cutbacks from Sample formats for citing these reports in a bibliography the federal government amid the nation’s economic woes. include the ones listed below. Preferred styles and formats Ward , Jon , “Faith Office Declares Success,” The Wash - vary, so please check with your instructor or professor. ington Times , Jan. 12, 2009 , p. A1 . The White House says its office of Faith-Based and Com - MLA STYLE munity Initiatives has redeemed itself from its politically taint - Jost, Kenneth. “Rethinking the Death Penalty.” CQ Researcher ed past under the Bush administration. 16 Nov. 2001: 945-68.

Religious Displays APA S TYLE Jost, K. (2001, November 16). Rethinking the death penalty. Davis , John , “Public Holiday Displays Embody Diversi - ty of Faiths,” Poughkeepsie (New York) Journal , Dec. 16, CQ Researcher, 11 , 945-968. 2009 , p. A1 . Several towns in upstate New York allow the display of CHICAGO STYLE religious symbols in public squares during the month of De - Jost, Kenneth. “Rethinking the Death Penalty.” CQ Researcher , cember. November 16, 2001, 945-968.

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