Baptist Joint Committee Supporting Bodies Capital Campaign Update Alliance of American Baptist Churches USA Baptist General Association of Virginia BJC hosts capital campaign reception on Capitol Hill Baptist General Conference Baptist General Convention of Texas The Baptist Joint Committee’s capital resentation of the kind of facility we’ve Baptist General Convention of campaign to estab- been dreaming Missouri lish the Center for about for the BJC Baptist State Convention of North Religious Liberty and expect soon Carolina on Capitol Hill to have.” Cooperative Baptist Fellowship stands at slightly National Baptist Convention of more than $2.5 Partners in America million of the $5 National Baptist Convention U.S.A. Inc. Giving National Missionary Baptist million goal. We invite you Convention To show to become a North American Baptist Conference Washington, D.C., Partner in Giving Progressive National Baptist area supporters by establishing an Convention Inc. what the Center automatic month- Religious Liberty Council for Religious ly gift to the BJC Seventh Day Baptist General Liberty could be, on your credit Conference the BJC Board of Rep. Chet Edwards of Texas addresses the audi- card. Partners from the Capital Directors spon- ence at the Florida House reception Oct. 1 in provide income Washington, D.C. REPORT sored a reception that the BJC can at the Florida count on for J. Brent Walker House Oct. 1. The Florida House, the ongoing budget needs and are given the Executive Director so-called “embassy” for the state of opportunity to help sustain the BJC as Florida, is similar in concept to the we work to secure religious liberty. Jeff Huett BJC’s future Center for Religious Editor Simply call or e-mail us or go online to Liberty on Capitol Hill. www.BJConline.org to make a credit Phallan Davis Brent Walker, BJC executive director, card gift. If you wish to set up an auto- Associate Editor said, “The Florida House was a fitting matic monthly credit card gift, simply venue to kick off to the second half of tell us so on the online form. Report from the Capital (ISSN-0346- our capital campaign. It is a visible rep- 0661) is published 10 times each year by the Baptist Joint Committee. For sub- scription information, please contact the Our Challenge—Their Future Baptist Joint Committee. Securing religious liberty for our children and grandchildren

Non-profit Organization U.S. Postage PAID Riverdale, MD Permit No. 5061

200 Maryland Ave., N.E. Washington, D.C. 20002-5797

Return Service Requested

Phone: 202.544.4226 Fax: 202.544.2094 E-mail: [email protected] Website: www.BJConline.org REPORTfrom theCapital BJC moves forward in property search for religious liberty center

WASHINGTON — The Baptist Joint als to investigate ways to finance the proj- Committee for Religious Liberty is one ect. For decades, the BJC has used a rent- step closer to having its Center for ed office suite on Capitol Hill in the Religious Liberty on Capitol Hill. Veterans of Foreign Wars building. Directors Although locat- voted Oct. 1 to ed a block from engage the serv- the Capitol and Newsletter of the ices of a real across the street Baptist Joint Committee estate agent to from both the identify a spe- Supreme Court cific property and Senate Vol.62 No. 9 for the BJC to office buildings, purchase and McDonough renovate. The said the space center will pro- is expensive John Upton (l) representing the Baptist General vide offices, Association of Virginia, Rob Appel (center) representing and doesn’t pro- October 2007 research space , Glen Howie (r) representing the vide the BJC for visiting North American Baptist Conference confer prior to the with “a front scholars, meet- executive committee meeting on Oct. 1. door” or “a face ing space for on Main Street.” coalition partners, and a training center to In other news, directors voted to accept teach supporters how to relay the BJC’s the Baptist General Convention of message of religious liberty and church- Missouri as a member body of the BJC. state separation. The statewide body — formed in 2001 as INSIDE: “We have turned a corner,” said an alternative to the Missouri Baptist Reginald McDonough, a retired Baptist Convention — joins 14 other national and Reflections ...... 3 General Association of Virginia executive regional Baptist groups that support the who is chairing the capital campaign. BJC. Noting that the campaign has received “The Baptist Joint Committee exists to In God We Trust . .4 gifts and pledges totaling more than half support causes that the Missouri Baptist of its $5 million goal, the next phase will Convention no longer supports or encour- Hollman Report . . . . .6 require having actual property to show ages, and there are still many Baptists [in potential donors. Missouri] who want to be Baptists and News ...... 7 “We need to begin, now, to say … we still want to be part of the process of have found a piece of property, and we advocacy for religious liberty,” said Jim have an option on that piece of property, Hill, executive director of the BGCM. and we are working toward completing Directors also approved a $1.2 million that,” he said. “And we believe that would budget for 2008, a slight increase over the be the trigger that we need to re-energize 2007 budget of $1.15 million, and wel- our donors for the rest of our campaign.” comed a new development officer. Kristin Directors approved the motion without Clifton, a graduate of Virginia Tech dissent. The motion instructed BJC University, joined the staff from Columbia Executive Director Brent Walker to Baptist Church in Falls Church, Va., where appoint a task force comprised of real she served as communications manager. estate, development and legal profession- — ABP and staff Church wants IRS apology after probe into 2004 sermon LOS ANGELES — A prominent Episcopal church “devout Christians” and made it clear that his inten- wants an apology and clarification after a two-year tion was not to instruct people how to vote. Internal Revenue Service probe that threatened the But in a Nov. 1, 2004, article, the Los Angeles Times church’s tax-exempt status because of an anti-war ser- referred to the anti-war, anti-poverty speech as “a mon just before the 2004 elections. searing indictment of the Bush administration’s poli- The IRS told All Saints Episcopal Church in cies on Iraq.” According to church attorneys, it was Pasadena, Calif., that its tax-exempt status would that article that prompted the IRS investigation. remain intact despite the sermon that Through documents obtained by officials said “constituted prohibited means of the Freedom of Information political campaign intervention,” accord- Act, All Saints also learned that by ing to a press release issued by the February 2006, the Department of church. Justice may have been working with the On Sept. 23, the church’s rector, the IRS on the investigation, which attor- Rev. J. Edwin Bacon Jr., said the letter neys said “may have violated the rules did “not clarify what in the sermon ... intended to prevent inter-agency disclo- was a transgression.” sure ... to insure taxpayers’ privacy.” It “While we are pleased that the IRS also heightened concerns that the probe examination is finally over, the IRS has failed to may have been politically motivated. explain its conclusion regarding the single sermon at Although the church admits it would not have issue. Synagogues, mosques, and churches across been difficult for the congregation to surmise Regas’ America have no more guidance about the IRS rules political leanings, Bacon said the pulpit was never now than when we started this process over two long intended “to advocate for or against any candidate.” years ago,” Bacon said. Steven T. Miller, who directs the IRS Tax Exempt In June 2005, the IRS began to investigate the and Government Entities Division, said the agency church after the Rev. George Regas delivered a ser- “will continue to work with charities and churches mon titled “If Jesus debated Senator Kerry and during the 2008 political season about the federal President Bush” on the Sunday before the 2004 elec- law’s guidelines on political activity. Our goal is to tion. ensure that charities meet their responsibilities under In the sermon, Regas said that “good people of the law and avoid becoming involved in campaign profound faith will be for either George Bush or John activity.” Kerry.” Regas went on to refer to both candidates as — RNS

Walker selected for ‘Newsweek’/’Washington Post’ panel Brent Walker, executive director of the Baptist Joint forum for “sane and spirited talk, drawing on a Committee, has been named a panelist for a joint remarkable panel of distinguished figures from the project of The Washington Post and Newsweek maga- academy, the faith traditions, and journalism.” zine. Walker joined the conversation on the sixth “On Faith” is an online conversation on religion anniversary of 9/11, in response to a question con- and its implications led by Newsweek’s editor, Jon cerning religious extremists. Meacham, and author and journalist, Sally Quinn. “Our goal should be the greatest amount of reli- Walker said, “I am very excited about this oppor- gious freedom and zero tolerance for violence in the tunity to amplify the voice of the BJC.” name of religion,” Walker said. Panelists are posed a question each week and are Relating to John McCain’s assertion that the United invited to respond on their individual blogs at States is a Christian nation, the October 1 question newsweek.washingtonpost.com. Readers are encour- asked panelists whether or not they would consider a aged to comment on the panelists’ essays. candidate’s religious background in deciding for October 2007 According to the “On Faith” Web site, “We think whom to vote. Walker responded, “The fundamental that the online world, with its limitless space, offers inquiry for our leaders should be who can lead best

Report from the Capital Report from us a unique opportunity to carry on a fruitful, and uphold our Constitution —not who is the most intriguing, and above all constructive conversation devout Christian or devotee of any other religion for about the things that matter most.” that matter.” 2 Meacham and Quinn said the site provides a — Staff REFLECTIONS Survey: Many Americans woefully ignorant about First Amendment rights

Fall is my favorite season. Cooler weather, college not necessarily be the case. And, why would we want J. Brent Walker football, the World Series, and my birthday — school officials deciding when, where and what our Executive Director September 13. I also look forward to— and in a sense children should pray? The BJC works to show the dread — the publication of the First Amendment dozens of ways in which voluntary, vital and volumi- Center’s annual “State of the First Amendment” nous religion can be included in the school day with- national survey. I look forward to it because it gives me out counting on the government to do our religion for a bead on the popular attitudes about the First us or to foist, if not force, school-sponsored religion Amendment generally and the religion clauses in par- exercises on students who are in the classroom by com- ticular. I dread it because, inevitably, it reflects senti- pulsion of law. ments that give me grave concerns. This year was no Finally, concerning the free exercise of exception. religion, only 56 percent think that reli- You can read the full report at gious liberty applies to all religions. And “And our nation www.firstamendmentcenter.org. The 2007 survey an astonishing 28 percent said that the today is Christian reveals three attitudes that I find particularly troubling freedom of worship as one chooses “was demographically. — one dealing with woeful ignorance of the never meant to apply to religious groups But it’s a plain Constitution and history, one reflecting a popular mis- that the majority of the people consider understanding of the Establishment Clause, and one extreme or on the fringe.” So, religious canard to say that revealing a cramped view of rights under the Free freedom applies only to those groups that our founders Exercise Clause. the majority thinks is acceptable? The BJC intended a Christian First, when asked to name the specific rights guar- has worked for more than seven decades anteed by the First Amendment, only 19 percent could to defend and extend religious liberty for nation or that the name “freedom of religion.” Moreover, 55 percent all. Constitution think that the Constitution itself establishes a The BJC has been quite successful in establishes one.” “Christian nation” and an unbelievable 65 percent convincing Congress, the courts, govern- agree with the statement that the “nation’s founders mental agencies and policymakers that the intended the to be a Christian nation.” Bill of Rights generally is counter-majoritarian. It does How could so many be so wrong about so much? Yes, not matter what the majority thinks. The protection for everyone is entitled to their own opinion, but they are religious liberty in the First Amendment protects not entitled to their own facts. The Constitution never against the tyranny of the majority. But, we must do a mentions , or God for that matter. It is a better job in convincing the culture. Eventually, it does decidedly secular document. It mentions religion only matter what the majority thinks. They can elect new once and then, in Article VI, to disallow a religious test members of Congress and vote for presidents that will for public office. Some of our founders wanted to men- make new appointments to the Supreme Court and, in tion Christianity, but they lost the debate in rare cases, a super-majority can amend the

Philadelphia in the summer of 1787. No doubt most of Constitution. So, ironically, for this counter-majoritari- Report from the Capital our founders were men of faith of some ilk — rational- an understanding of the First Amendment to survive

ists, deists, orthodox Christians. And our nation today challenges, it must be embraced by a majority, if not a October 2007 is Christian demographically. But it’s a plain canard to consensus, of the American people. say that our founders intended a Christian nation or This is where you can help. Stand up for the truths that the Constitution establishes one. that America is not a Christian theocracy, that our pub- Second, with respect to the Establishment Clause, lic schools should not inculcate a particular religious more bad news. The survey revealed 58 percent think point of view, that everyone, no matter how extreme, teachers in public schools should be allowed to lead in foolish, or wrong their religious beliefs are, should be classroom prayer. The U.S. Supreme Court ruled 45 able to worship as they see fit. This important enter- years ago that state-sponsored, teacher-led prayer vio- prise demands that we all cooperate to dispel the lates the Establishment Clause. Of course, the 58 per- myths and misunderstandings that inform these cent who want teachers and public school officials to results. lead in prayer assume that is going to be their own I hope and pray for a better birthday present next prayer. In our amazingly pluralistic society, that will year. 3 50 years later, ‘In God We Trust’ still mints controversy

WASHINGTON — It’s been 50 years since “In God don’t believe in equality. That’s what this litigation is We Trust” first appeared on U.S. paper currency, and about.” those four little words have proven to be the source of Jay Sekulow, chief counsel of the American Center big debate in the courts. for Law and Justice, has filed a brief opposing Michael Newdow, the California atheist known for Newdow on behalf of dozens of members of trying to strip “under God” from the Pledge of Congress. Allegiance, has asked the 9th U.S. Circuit Court of “It reflects the heritage of the country,” he said of Appeals to declare “In God We Trust” an unconstitu- the debated motto, which appears on a coin-shaped tional mingling of church wristwatch that he wears and state. In Indiana, the when he argues before the American Civil Liberties Supreme Court. Union has gone to district “It’s something the found- court, arguing that it’s ing fathers recognized, that unfair for the state not to our rights and liberties were charge administrative fees endowed by a creator. You for “In God We Trust” recognize the source of these license plates when a plate rights.” advocating for the environ- A 2003 Gallup Poll found ment carries extra fees. that 90 percent of Americans Why, decades after the approve of the inscription words were made the “In God We Trust” on U.S. nation’s official motto and coins. printed on our dollar bills, A survey released in do they still inspire ire? September by the First “A great many Americans are angry ... when the Amendment Center found that 65 percent of government promotes religion and a great many other Americans think the nation’s founders intended the Americans believe that this is not promoting religion country to be a Christian nation and 55 percent think — they’re just representing who we are as a nation,” the U.S. Constitution establishes it as a Christian coun- said Charles Haynes, senior scholar at the Freedom try. Forum’s First Amendment Center. “That suggests that a great many people have “That divide is an old story in American history deeply misunderstood the Constitution,” said Haynes. and will probably continue way into the future.” “The framers clearly wanted to establish a secular Long before the words were printed on paper nation where anyone of any faith or of no faith could money, they first appeared on coins after a hold public office and that’s a far cry from a Christian Pennsylvania minister wrote to the secretary of the nation.” treasury in 1861, suggesting God’s name should be About a dozen states have passed laws declaring featured on U.S. coins. that public schools can post the motto. Five years ago, “This would relieve us from the ignominy of hea- the American Family Association was involved in a thenism,” wrote the Rev. M.R. Watkinson to Treasury campaign that shipped hundreds of thousands of Secretary Salmon P. Chase in 1861, according to the posters to supporters so they could send them to local Web site of the U.S. Treasury Department. schools. Three years later, U.S. coins began to bear the “I think we need to be constantly reminded and, words “In God We Trust.” although I don’t look at my coins and my paper It wasn’t until 1956 that Congress declared those money day by day, there is a great satisfaction know-

2007 words to be the national motto. On Oct. 1, 1957, they ing that it’s there and knowing that our government began appearing on the back of dollar bills under the still recognizes God,” said Randy Sharp, director of words “The United States of America.” special projects for the AFA, based in Tupelo, Miss. Newdow, whose case was dismissed by a lower Haynes, of the nonpartisan First Amendment October federal court last year, said the words referring to a Center, says he does notice the motto on his money deity divide society by making non-believers “second- and wishes it wasn’t there. Report from the Capital Report from class citizens.” “I would prefer that government stay out of reli- “The issue is not one of people who believe in God gion altogether and let religion be free,” he said. versus people who don’t believe in God,” he said. “It’s —Adelle Banks, RNS 4 people who believe in equality versus people who The importance and urgency of the New Baptist Covenant Celebration BY DR. JIMMY ALLEN

This article is the first in a three-part series in the run up to the New through our church houses. That day is gone. Thomas Friedman Baptist Covenant Celebration in 2008. is right in his pivotal book on globalization titled The World Is Flat. The forces of change coming out of instant communication The gathering of Baptist believers of North America in the through the Internet mean that our young can develop personal World Congress Center in Atlanta January 30-February 1, 2008, communications instantly across the globe. Travel throughout is unprecedented and long overdue. It is filled with positive the world has created not just a tourist touch with other cultures possibilities. It was born, as many of the most effective move- but economic ties and relationships across the globe. We get our ments of God have been, in the hearts of two Baptist laymen. instructions on how to use our electronic equipment from peo- Bill Underwood, lawyer and new president of Mercer ple sitting in India, Bangladesh, or Indonesia. Hands on partici- University and Jimmy Carter, Sunday school teacher and former pation missions means that we go personally to help build president of the United States, invited a cross section of leaders homes, treat people in medical clinics, teach short term classes represented in the North in Christian nurture, and American Baptist Fellowship feed the hungry. We need to of the discover means to share to explore what could be done God’s unchanging good news to discover common ground in this changing world. around the mandate of Jesus in A society being reshaped Luke 4. by forces beyond our com- The meeting has met with a prehension has caused some ready response by the majority institutions of religion to of leadership groups of seek to use the powers of the Baptists in North America. Participating Baptist organizations state to preserve their places of influence. Ego struggles, isola- represent more than 21 million of the 37 million Baptists in tion of people of diverse opinions despite the vitality of their North America. It will reach across the chasms created by racial, faith, an erosion of denominational loyalty, “mountain out of economic and regional barriers that have divided us for more mole hill” religion plagues us. But we are weeping at the wrong than a century. The last time a meeting of all kinds of Baptists funeral, sorrowing over the wrong things. Denominations are came together to worship, plan, and prioritize our witness in the not dying, they are changing strategies. They are essential ingre- world was in 1814. That meeting, known as the Triennial dients of what is and face the changing challenges of what must Convention, centered on foreign missions. The 2008 meeting be. centers on fulfilling the command of Jesus to preach good news I had no idea almost three decades ago as I presided over to the poor, proclaim release to the captives, restore sight to the the formation of Cooperative Baptist Fellowship that we were blind, set at liberty those who are oppressed, and proclaim the creating out of our woundedness a laboratory for change and acceptable year of our Lord. Tragic divisions over racism and renewal. Networking is the key! God is moving again in new slavery issues divided our nation. It also divided and diverted and powerful ways. Now we are ready under God’s guidance to the efforts to join the local churches of the Baptist movement in move into the whole new movement of national and interna- a united effort that could grow to reach across regional, racial, tional impact. economic, and doctrinal lines. Dr. Herbert Reynolds, Baylor University President A few decades ago the rumor was spread that God was Emeritus, said the week before his death that “this tremendous- dead. Conferences were held to perform autopsies, lament dis- ly important initiative can have the most profound impact on Report from the Capital appearance of signs of life, and search for ways that humanity the advancement of Christianity in this hemisphere since the could grope its way into a faithless future. It turned out that First Great Awakening in America in the 18th century.” October 2007 people were weeping at the wrong funeral, sorrowing over the Don’t miss it! Come join us in Atlanta January 30-February wrong things. An energetic resurgence of searching souls 1 at the Celebration of the New Baptist Covenant! spilled over the levees of organized religion and into many lev- els of our culture’s youth, business, megachurches, interest in the mystical, arts and books, movies, sports. God was not dead Dr. Jimmy Allen is on the program committee after all. He was simply moving in new and powerful ways in a for the New Baptist Covenant Celebration. He secularized and materialistic society. also serves as chair of Baptists Today and is a Now the rumors center on post-denominationalism. The former president of the Southern Baptist fragmented, fractured, and failing structures of religious Convention. This article originally appeared in denominations have many of us grieving over what might have the August edition of the Baptist Studies been. We see the erosion of the mission passions we once knew. Bulletin produced by the Center for Baptist There was a day when we were introduced to the world Studies. 5 HollmanREPORT Supreme Court declines to hear church-state cases in 2007-2008 term

K. Hollyn Hollman The beginning of October marks a new Clause. In 2005, the Supreme Court heard a case General Counsel Supreme Court term and the potential for a major dealing with the prisoner provisions of RLUIPA, development in church-state relations. Early in the but it has not yet reviewed any case applying the term, the Court continues the process of review- statute’s land use provisions. ing petitions for certiorari, which determines the Second, the Court again declined to hear a case cases that it will hear. This term opened with no that rejected religious freedom arguments by church-state cases on the docket, but with several Catholic Charities for an exemption to a law that petitions pending, some of which were denied requires employers providing prescription drug during the first week of the new term. coverage to employees to include prescription It seems likely this term will be noteworthy for contraceptives for women. In Catholic Charities v. cases addressing such major issues as criminal Dinallo, New York’s highest state court upheld the sentencing guidelines, death by lethal injection, application of the statute to the Catholic and and the rights of detainees at Baptist religious organizations that challenged it. Guantanamo Bay. Whether the The statute at issue provides an exemption for a “The fact that the Court Court adds any religion cases narrow category of religious employers that did did not review them remains to be seen. In the mean- not cover those challenging the statute. The Court does not mean it agrees time, it is worth noting the cases the had earlier declined hearing a similar case from Court denied hearing during its California. with decisions left in first week in session. The fact that Third, the Court let stand a case disallowing place. The cases, how- the Court did not review them does the use of a public library facilities for church ever, provide a sketch not mean it agrees with the deci- services. Faith Center v. Glover, et al., is a case from sions left in place. The cases, how- the 9th U.S. Circuit Court of Appeals, in which a of the kinds of cases ever, provide a sketch of the kinds church was denied access to meeting space based that are bubbling up of cases that are bubbling up upon a county policy that prohibited use of public through the lower through the lower courts and the libraries “for religious purposes.” The church tough issues that may eventually be argued that its right to religious expression was courts and the tough resolved by the High Court. violated by the policy. The appeals court over- issues that may eventu- First, the Court let stand Vision turned a victory by the church at the district court ally be resolved by the Church, United Methodist v. Village of level. High Court.” Long Grove, a case out of the 7th Much has been written about the overall U.S. Circuit Court of Appeals, that declining Supreme Court docket. Therefore, it was one of special interest to the would be expected that the number of church- BJC because of our leadership role in advocating state cases heard would also decline. The New for the Religious Land Use and Institutionalized York Times reported that last term, the Court Persons Act of 2000. In this case, we joined many decided fewer cases than the year before and that other religious organizations seeking review by the number of cases in 2005 was “the lowest since the Supreme Court because the decision below 1953 and fewer than half the number the court applies a narrow, watered down interpretation of was deciding as recently as the mid-1980s.” While RLUIPA’s statutory protections in this land use there is no consensus on the reasons for this phe- case. The appellate court in Vision Church set the nomenon, it is clear that many of the important threshold for finding a “substantial burden” on church-state cases are decided in the lower courts. religion so high that the protections of RLUIPA With that in mind, the BJC will continue to pursue October 2007 are effectively rendered meaningless. The case opportunities to be a strong voice for religious lib- also highlights the differences among jurisdictions erty in the courts, reviewing and participating in a

Report from the Capital Report from over the application of RLUIPA and confusion in greater number of cases in the lower courts lower courts over the meaning of statutory terms through coordinated amicus (friend of the court) 6 in the context of RLUIPA and the Free Exercise efforts and keeping you informed. Dale, Lawrence serve as “Knowing the (coach’s) history, I’m not sure I’d want fall interns at the BJC to say, ‘No, I don’t want to pray,’” Judge Theodore McKee said. NEWS This fall the Baptist Joint Committee welcomed Liz McKee said he had “serious concerns” about several Dale and John Lawrence as interns. aspects of the lower court decision, but he added the Dale, a native of Winston-Salem, N.C., graduated in school board’s appeal didn’t raise the issues. At one May 2007 from the University of North Carolina, Chapel point, he told both sides, “This looks like a mess to me.” Hill, with a double major in public policy analysis and The case has been closely watched around the coun- political science. She is the daughter of Mac and try, and Barry Lynn, the executive director of Americans Suzanne Dale. United, said it is likely to guide schools nationwide in Lawrence is a 2007 Bill setting policy. and Judith Moyers scholar, —RNS and a student at Wake Forest University Divinity School. He is a native of Asheville, BJC announces 2008 religious liberty N.C. high school essay contest The Moyers scholar pro- WASHINGTON — To engage high school students in Lawrence gram was created by a gift Dale church-state issues and to generate interest from a wide from James and Marilyn Dunn and, each year, invites range of Baptists, the BJC has launched the 2008 one Wake Forest University Divinity School student to Religious Liberty High School Essay Contest. complete an internship at the BJC. Open to all Baptist high school students in the classes Lawrence is a 2004 graduate of Duke University, of 2008 and 2009, the contest offers a grand prize of where he majored in history. He is the son of Dr. John $1,000 and a trip to Washington, D.C. Second prize is and Dale Lawrence. $500, and third prize is $100. Winners will be announced in the summer of 2008 Case of praying high school and will be featured in the BJC’s flagship publication, football coach heads to court Report from the Capital. The grand prize winner will also be recognized at the BJC board meeting in Washington, PHILADELPHIA — A federal appeals court was D.C., on October 6, 2008. Judges reserve the right to asked Oct. 3 to decide whether a New Jersey high school present no awards or to reduce the number of awards if football coach violated the Constitution by taking a knee an insufficient number of deserving entries are received. and bowing his head during pre-game prayers. The 2008 topic asks students to discuss the relevance Marcus Borden, a longtime coach and Spanish of religious faith to politics, including whether and to teacher at East Brunswick High School, persuaded a what extent faith should be an election issue in 2008. lower court judge last year that his actions did not Essays must be between 700 and 1,000 words. All essays amount to prayer and did not violate the separation of must be postmarked by March 3, 2008. church and state. Borden, 52, instead described his Essays that do not meet the minimum qualifications movements as a secular sign of respect for the team. will not be judged. To download a registration form and The East Brunswick Board of Education appealed the a promotional flier, visit www.bjconline.org/contest. For ruling, contending that by taking a knee and bowing his more information, contact Phallan Davis at 202-544-4226 head, Borden was endorsing religion whether he or e-mail her at [email protected]. mouthed the words with his players or not. The appeal has since been taken over by Americans United for Separation of Church and State, a Supporters honor, memorialize Washington-based group that opposes prayer in schools. others with donations to BJC Report from the Capital “There is no question that Borden was leading the In honor of Hardy and Ardelle Clemons prayer,” Richard Katskee, the group’s assistant legal

Baxter and Paula Wynn October 2007 director, told a three-judge panel of the 3rd U.S. Circuit Court of Appeals. In memory of Jewel B. Dalton With sharp questioning, the judges at times appeared Nancy D. Hall to express doubt about the school board’s position. “How are you going to enforce this? Are you going to In memory of Johnny Heflin walk around with a ruler?” Judge Maryanne Trump James L. Maloch Barry asked in reference to Borden’s bowed head. “What if he has his head bowed, but he says he’s not praying?” But the panel also took issue with the arguments In honor the Rev. Grover D. Jones made on behalf of the coach, who has acknowledged Ethelene Jones praying with the team in the past. 7