VOL. 61, NO. 3 May-June 1966 25 CENTS

#1+ ois J. ir .14• - ffik • "as us, .0...

* 1.#• di • .3 , v.„,,,, „ # , . ' • t ' • ;• 1.)." • " " I , _ • t • ..4 .1 10•••4 'a'i ,•,, ' , a * 41. .# • *b ' . ',Nab ' , 4t, , 4 " t4 • Otpliilly ii„ 01•1r . • • v..: .16., i . • A, ,V..i , , , • / , g::, f ,), • . 44-10 ...,, ';,I,-, 4,, • • t s ,,.....t 4 - go .r- i .;•'-. * ' #71 * • • 4. te b . ti, , . .04 ' ' ••et .-;%34/

' n , . t

Mr, A Amish children run for cover - ,- 40.- • t 0 -, s-, 4,414‘ : , # , Ai••• .• ...4 #' 410ZilZtb'• r1 in a cornfield near Hazleton, .... 411111•Or -:- .„ . ,t,. k . - 4 . '— --IN, 4- '341100° IIIV 4 *•!ik Iowa (see page 7). - ,...- • .osw lei-4 ., .., 1#14 1 • '.. * ..- . .1_,.. 14 -..,0711010 gt• • - e 4* ea*r-r" *it c • \„, ••,, ., vs. * 0 41. - • -4140.4 a• A. •41 rallftli#04 WILLIAM H. HACKETT Assignmen Washington

An interpretative report of church, state, and politics on Capitol Hill.

■ In spite of a noticeable increase in legislation that the door was ajar for pri- lobbying activities on the part of church- vate schools. related groups during the past year, the This is the basis for the statement of activity is not reflected in the latest re- the Office of Education that the Act pro- port on registered lobbyists, which was vides benefits for children and teachers filed with the opening of the current ses- of private schools. The Office of Education sion of Congress. Church lobbying recently says, "No Federal funds may be made availa- has been centered on ending the Vietnam ble to private schools, but public agen- conflict and on civil rights. cies, which will be the fund recipients, Quarterly reports of lobbyists are will be obligated to provide benefits to required by law, and the reports are pub- children and teachers in private schools." lished in the Congressional Record. There According to the list of sources of were no reports from large religious aid for private schools issued by the Of- groups. Samuel E. Boyle filed in behalf of fice of Education, these are available the Christian Amendment Movement, which through six executive departments, as well has headquarters in Pittsburgh. The Chris- as a number of independent agencies of the tian Amendment group proposes to amend the Government. The top-level departments are: Federal Constitution to identify the United Departments of Agriculture, Defense, Com- States as a Christian nation. Several mem- merce, Health, Education and Welfare, In- bers of Congress have introduced legisla- terior, and State. tion along this line. Similar bills have The Department of Agriculture offers been filed in previous Congresses, but the the school-lunch and special-milk pro- committee to which they were referred never grams. The Defense Department offers grants acted. and contracts for research. The largest Mildred Harman filed for the Women's variety of aid is offered through agencies Christian Temperance Union, with headquar- of the Department of Health, Education and ters in Chicago, and Edward F. Snyder filed Welfare, of which the Office of Education for the Friends Committee on National Leg- is a part. islation. In the field of elementary education parochial schools benefit through dual en- ■ "Come and Get It" might well be the rollment programs, and in the area of higher title of a release of the United States Of- education, grants are available for re- fice of Education that actually bears the search. heading "Federal Programs in Which Private Schools and Colleges May Participate." MI Claiming that there is an issue of With this cafeterialike directory of "religious dimension" involved, a number new Federal-aid programs in hand, the head of leading clergymen in Washington, D.C., of any parochial or private school can scan have urged Congress to establish two- and the list and ascertain where he is losing four-year colleges in the District of Co- out on gratuities from Uncle Sam. lumbia. Congress carefully avoided getting Following a meeting with White House involved in aid to parochial schools when advisers on National Capital Affairs, let- it passed the Elementary and Secondary Edu- ters to Congress were signed by representa- cation Act of 1965. It was conceded that the tives of the Jewish Community Council, the legislation had no chance of passage if Catholic Archdiocese of Washington, and church school aid was included. Brilliant the Council of Churches of the Greater phraseologists, however, so worded the Washington area.

VOL. 61, NO. 3 May-JUNE, 1966

EDITOR Roland R. Hegstad

ASSOCIATE EDITORS 25 cents .11.,rris F. LOCI1L a copy I I in Adams LIBERTY U'. A MAGAZINE OF RELIGIOUS FREEDOM ART EDITOR Terence K. Martin LIBERTY: A Magazine of Religious Freedom is published bimonthly for the CIRCULATION MANAGER Religious Liberty Association of America by the Review and Herald Publishing Roy G. Campbell Association, Washington, D.C. 20012. Second-class postage paid at Washington, D.C. Address editorial correspondence to 6840 Eastern Avenue NW., Washington, CONSULTING EDITORS D.C. 20012. LIBERTY is a member of the Associated Church Press. W. P. Bradley, Neal C. Wilton, M. V. Campbell, R. L. Odom, Cyril Miller, Theodore Carcich

CONTRIBUTING EDITORS Dr. Jean Nussbaum W. L. Emmerson ARTICLES Kenneth Holland

LEGAL ADVISER 7 The Real Question in Iowa W. Melvin Adams Boardman Noland

EDITORIAL SECRETARY 12 The Amish Way of Life Is Thelma Wellman at Stake John A. Hostetler

LAYOUT ARTIST Gert Butch 14 Methodism and Liberty Bishop Gerald Kennedy

17 Central Christian College—Diploma Mill? Morten Juberg RELIGIOUS LIBERTY ASSOCIATION OF AMERICA 21 Constitutionality of Government Aid? W. Melvin Adams Declaration of Principles

We believe in religious liberty, and hold that 24 Should the Citizen Have Standing to Sue this God-given right is exercised at its best when there is separation between church and state. the Government? Franklin C. Salisbury We believe in civil government as divinely ordained to protect men in the enjoyment of their natural rights, and to rule in civil things; Freedom Does Not Come and that in this realm it is entitled to the re- spectful and willing obedience of all. by the Piece Bryce W. Anderson We believe in the individual's natural and inalienable right to freedom of conscience: to worship or not to worship; to profess, to prac- FEATURES tice, and to promulgate his religious beliefs, or to change them according to his conscience or opinions, holding that these are the essence of religious liberty; but that in the exercise of 2 Assignment: Washington William H. Hackett this right he should respect the equivalent rights of others. We believe that all legislation and other gov- 4 From the Editor's Desk ernmental acts which unite church and state are subversive of human rights, potentially per- secuting in character, and opposed to the best 5 "Dear Sir" interests of church and state; and therefore that it is not within the province of human government to enact such legislation or per- 18 Poem: Ballad of the Free Man James E. Dykes form such acts. We believe it is our duty to use every lawful 29 Editorials: Spain: Progress Report . . "Growing Pains" and honorable means to prevent the enactment of legislation which tends to unite church and The Conscience Clause state, and to oppose every movement toward such union, that all may enjoy the inestimable blessings of religious liberty. 30 World News We believe that these liberties are embraced in the golden rule, which teaches that a man Individual Conscience should do to others as he would have others 32 do to him. 35 The Launching Pad C. Mervyn Maxwell

THE RELIGIOUS LIBERTY ASSOCIATION OF AMERICA was organized in 1889 by the General Conference of Seventh-day Adventists. Dedicated to the preservation of religious freedom, the association advocates no political or economic theories. General secretary, Marvin E. Loewen; associate secretaries, W. Melvin Adams, Roland R. Hegstad. COPYRIGHT: The entire contents of this issue are copyrighted © 1966 by the Review and Herald Publishing Association. All rights reserved. SUBSCRIPTION RATES: One year, $1.25; one copy, 25 cents. Slightly higher in Canada. Subscription rates subject to change without notice. All subscriptions must be paid for in advance. Except for sample copies, papers are sent only on paid subscriptions. CHANGE OF ADDRESS OR SUBSCRIPTION CORRESPONDENCE: Please enclose address label from magazine or wrapper. Allow one month for address change. Write: Review and Herald Publishing Association, Washington, D.C. 20012.

MAY-JUNE 3 from the editor's desk

30,000 FEET OVER SOMEWHERE

HIS column, as many others are, is being writ- been extensive, hence the two articles by him in this ten 30,000 feet over somewhere—in this case, issue. One of which, come to think of it, took him twice Tsomewhere between an address to an attorneys' to Iowa, where he ferreted out the real issue in the Amish association in Salem, Oregon, and a meeting with a school problem. (See cartoon and "The Real Question ministerial association in Los Angeles. Other stops on a in Iowa," page 7.) The conscience-clause battle caused six-week itinerary include Portland, Medford, and postponement of his scheduled trip to Australia and Far Springfield, Oregon; San Diego and Loma Linda, Cali- Eastern way points, where he is, again, scheduled to be fornia; Spokane, Pasco, and Seattle, Washington; within a few months of the time this column appears in Boise, Idaho; Chicago, Illinois; and Milwaukee, Wis- print. consin. Galleys on this column will be read some- where between Czechoslovakia, Russia, Yugoslavia, What else do the editors of LIBERTY do besides di- and Greece. Pages will be perused between the Nether- viding up a small fortune among shoeshine boys, bell- lands and a graduation address at Newbold College, boys, laundromats, and one-hour pressing establish- England, at the tail end of a trip including also France, ments? Within the past few months they have pro- Germany, Belgium, Italy, Spain, and Scandinavia. duced a film (A Matter of Conscience), are working on another, a docu-

Marvin E. Loewen, director of the RLA and an as- WE'VE SEEN BIGGER TRAFFIC JAMS BUT THIS mentary on religious sociate editor of LIBERTY, is, at the time of writing, ONE IS ABOUT THE NOISIEST liberty around the somewhere between Portland, Maine, and San Fran- world. Numerous cisco. He will make speeches in between at Dallas and books and magazines Houston, Texas; Tulsa, Oklahoma; Albuquerque, have been read, a New Mexico; Atlanta, Georgia, and only his secretary mountain of corre- knows where else. Within two years he has spent three spondence written up months in Africa, several weeks at Vatican Council II, and read down; and a three-week vacation in South America, where he scores of ecumenical traveled up the Amazon on a mission launch, helping prayers prayed—the a missionary friend pull teeth and give injections. kind that stress one- More fortunate than others of the staff, he visited his ness in truth. (See wife in Switzerland, where she was doing research on "Growing Pains," one book and finishing another. page 29.) On the home front, one son W. Melvin Adams, associate secretary of the RLA has been graduated and also an associate editor of LIBERTY, is, at the time DES MOINES SUNDAY REGISTER from a theological of writing, in the Midwest, dispensing propaganda on the seminary and another merits of LIBERTY magazine to church groups and eying sent off to Vietnam (Adams); a daughter will be given a ticket to Pennsylvania, where he will do the same. in marriage June 5 (Loewen) ; and a daughter has been Because of seven months of concentrated work with added to the family (Hegstad). Congress on behalf of a conscience clause—see any LIBERTY for the past four issues—his itinerary has not Which is as good a stopping point as any.

4 LIBERTY, 1966 FAVORED BY FRIEND JUDGE A. FRAZIER Knoxville, Tennessee ear Your magazine LIBERTY is sent to me although I have never subscribed to it. I assume that it is sent on request of a friend. It must be a friend that sent it. No enemy would favor me that much! There are millions of people who need to read LIBERTY, VALUE OF UNDERSTANDING especially legislators, Federal, State, and local. I want to relieve my friend of this subscription for me EDWARD C. ABDILL and take it myself. If you have sent it, I want to pay for it. New York, New York My check enclosed goes toward several years I have received it and for the next year or end of present subscription. It seems to me that liberty, like peace, can exist only where there is true understanding. Bigotry, on the other hand, comes like an army; and without love carries many flags, A PARABLE FOR ECUMENICISTS religious symbols, and political slogans. And it is a curious fact that sometimes bigotry appears wearing the mask it calls ALVIN F. COBB liberty! The attitude in such cases seems to be, "If you are Albany, Oregon not as liberal as I am, I'll burn you at the stake." I am myself a priest in the Liberal Catholic Church; and In your January-February issue of LIBERTY you had a as such do not believe that dogmas of any description should parable for Ecumenicists. Were you conveying the thought be enforced as articles of belief. Rather, we feel that all that the church and its organization are worshiped today in- men must come to knowledge, to understanding, to the Di- stead of what the church stands for? vine by themselves, and in their own way, compelled by no Or were you taking a jab at television with the state- one and relying upon no outer authority whatsoever. We ment—"One day one of the workers was worshiping his lit- therefore welcome all reverent people to our altars and do tle round circle"? not ask or expect them to leave their original church to [The former. But the latter has merit: TV too has become, worship with us. We have no missionaries of any kind; for many, an end in itself.—ED.) and because we do respect the rights of others we make no attempt to "convert" anyone from one religion to another, not even from the so-called "heathen" ones to Christianity. HAROLD P. WHEELER I therefore fully endorse the statement in your declaration Tempe, Arizona of principles which I have underscored and enclose, along with Article V of your resolutions of the New Year. But I wish to thank you for the fine job you are doing in although I most earnestly support the ideal of liberty for all, trying to bring people into a knowledge of the truth. "None I choose to work for it through love and understanding, as are so blind as those who will not see." our Lord taught us, and through finding and encouraging the positive things, as St. Paul taught us (Philippians 4:8). CLEMENT STALLWOOD Welland, Ontario, Canada DOWN THE JERICHO ROAD MORTON C. HULL Well! God brought the people out of Egypt but some Ontario, California wanted to return, and then God brought people through the Lutheran Reformation, and now the churches of the Reforma- The Samaritan gave of his own goods. Government draws tion want to go back into religious slavery and idolatry. I on the taxpayer for its alms. Can bad means ( force) beget do hope we can hang on to religious liberty. good ends?

HAZLETON, IOWA.-It strikes fear into one's heart, somehow, this picture of Amish chil- dren scurrying to hiding places in an Iowa cornfield. For it pictures precisely what the Amish and other minority groups came to America to escape—interference with religious convictions. Since the Old Order Amish broke off from the Mennonite community in seventeenth-century Switzerland, the "plain people" have been placed in sacks and thrown into rivers, burned at the stake, torn apart on racks. It was persecution that brought the first Amish to William Penn's haven for the oppressed. Now, in Iowa, the Amish face loss of farms and freedom rather than to send their children to city schools under teachers unsympathetic to their convictions. Iowa officials sensitive to the meaning of minority rights are working to help them. The issues are described in an article beginning on page 7.

THE REGISTER AND TRIBUNE CO. ,r^

MAY-JUNE 5 D. RICHARD NEILL, Pastor of authorities) are spreading like a prairie fire. They are as Highland's United Church of Christ subtly destructive of themselves and of the society on which Pearl City, Oahu, Hawaii they eat as a slow variety of cancer cells. Such tax exemption only appears benign. The concern for liberty is a real one, and in our nation I am personally acquainted with a monastic order that, as well as elsewhere, we must constantly struggle with each when seeking admission initially into a diocese and State, issue that arises that might subvert or lead to the destruction requested taxation on all its realty (except chapel and monas- of liberty. tic enclosure on less than one per cent its acreage). An old However, . . . the "church" has no claim to be the sole order, it has like the Anglican and Roman Catholic bodies, a vehicle of service to our fellow men. The Great Society in long and painful experience in the loss of ground (including intent at least is to bring resources to bear on the issue of vast and valuable realty). poverty that can do much that individual or collective As a Roman Catholic by conviction . . . I favor your form churches cannot do. There is no inherent harm or sin to this of action to the ultimate reaction. Keep the light and the action . . . though there are some dangers or potential dan- heat on the subject, please. gers.

LAW STUDENTS UPHOLD 14(B) SUNDAY-CLOSING LAWS AARON E. KOOTA JEFFREY S. ENTIN Boston, Massachusetts District Attorney, King's County Brooklyn, New York As a recent subscriber to LIBERTY and as an individual dedicated to the freedom of the people of the United States In the May-June, 1965, issue, in your column "Dear Sir," I wish to compliment you and LIBERTY magazine for leading there appeared a letter from one Leo D. Adolph, Esq., a New the fight for religious freedom. York City attorney, with regard to Sunday-closing Laws. Ac- On behalf of myself and many of the faculty members and cording to Mr. Adolph, the decision in Sherbert v. Verner, students of Boston University School of Law, I wish to regis- 374 U.S. 298, was in conflict with the findings in McGowan ter our opinion on Section 14 (b) of the Taft-Hartley Act. v. Maryland, 366 U.S. 420. As lawyers and future lawyers we feel it to be our duty We would like to point out that these cases are distinguish- to see that the leaders of our nation enact laws that are able from each other. Mr. Adolph's reference to the petition- constitutional, that protect the freedom of the individual, ers' observance of the Sabbath in the McGowan case is inac- and that are in the best interests of society. curate, for in McGowan, Mr. Chief Justice Warren, writing Section 14 (b), or the various State "right-to-work" laws, is for the majority, stated on pages 429, 430, ibid., as follows: more than a question of labor law. It is more than a union "The final questions for decision are whether the Mary- issue. What is involved here is the freedom of each and ev- land Sunday Closing Laws conflict with the Federal Consti- ery individual to earn his livelihood or follow his vocation tution's provisions for religious liberty. First, appellants con- to the best of his ability without harassment, restriction, or tend here that the statutes applicable to Anne Arundel County limitation on his personal beliefs or associations. We would violate the constitutional guarantee of freedom of religion in certainly never advocate that a person must be a Jew, a that the statutes' effect is to prohibit the free exercise of Catholic, or a Protestant in order that he have the right to religion in contravention of the First Amendment, made ap- work. Nor would we demand that he associate himself with plicable to the States by the Fourteenth Amendment. But the Republican or Democratic parties, the John Birch So- appellants allege only economic injury to themselves; they do ciety or the Communist Party. Why then demand that a man not allege any infringement of their own religious freedoms be a member of a union as a condition precedent to his being due to Sunday closing. In fact the record is silent as to what allowed to toil and earn a living? If any such condition can appellants' religious beliefs are. Since the general rule is that be imposed on our citizens, then the loss of individual free- 'a litigant may only assert his own constitutional rights or dom in this country has already begun. immunities,' United States v. Raines, 362 US 17, 22, 4 Led Senator Dirksen should indeed be commended for his posi- 2d 524, 529, 80 S Ct 519, we hold that appellants have no tion on section 14(b). We agree with him that political standing to raise this contention. Tileston v. Ullman, 318 US commitments and vote soliciting should not influence a deci- 44, 46, 87 Led 603, 604, 63 S Ct 493. Furthermore, since ap- sion where constitutional rights are concerned. The Senator pellants do not specifically allege that the statutes infringe should be praised for his fortitude to fight for the basic, hu- upon the religious beliefs of the department store's present or man freedoms upon which our society is based and without prospective patrons, we have no occasion here to consider the which it would not long survive. standing question of Pierce v. Society of Sisters, 268 US 510, We students at Boston University School of Law will urge 535, 536, 69 Led 1070, 1078, 45 S Ct 571, 39 ALR 468. our various Senators and Representatives to fight against the Those persons whose religious rights are allegedly impaired by repeal of 14(b) by sending them copies of this letter. We the statutes are not without effective ways to assert these rights. are sending one also to the President of the United States. Cf. National Asso. for Advancement of Colored People v. Alabama, 357 US 449, 460, 2 Led 2d 1488, 1497, 1498, 78 S Ct 1163; Barrows v. Jackson, 346 US 249, 257, 97 Led TAX EXEMPTION 1586, 1595, 73 S Ct 1031. Appellants present no weighty countervailing policies here to cause an exception to our WILLIAM T. STEVENS general principles. See Charlottesville, Virginia United States v. Raines, 362 US 17, 4 Led 2d 524, 80 S Ct 519, supra." (Emphasis supplied.) In this current campaign of yours for tax equity I am However, in Sherbert v. Verner, supra, the record indicates by your side. . . . Excessive abuses of tax exemption (by that the appellant was a member of the Seventh-day Advent- churches, foundations, authorities, and owners of the bonds To page 28

6 LIBERTY, 1966 THE REAL QUESTION /N IOWA

Can the Amish philosophy of education and life be preserved in a nation where education increasingly is being equated with national security and community welfare?

AN BORNTRAGER, a bearded Amishman ventists, I had sought to find the facts in the controversy with gentle eyes, adjusted the gasoline lamp between the Old Order Amish community and the D on the table, ran his hand over his German- Oelwein school board, over the lack of certified teach- English Bible, and said with firm conviction, "It is a ers in two Amish schools. I had visited with Governor religious question, Mr. Adams." Hughes, State's Attorney General Lawrence F. Scalise, He was referring to the refusal of fifteen Old Order a number of county and local public school officials, Amish families to hire certified teachers for their one- lawyers, and others interested or involved in the Am- room schoolhouses near Hazleton, Iowa. ish school controversy. For three days in company with Kimber Johnson, My interest went beyond writing an article for president of the Iowa Conference of Seventh-day Ad- LIBERTY. I was well acquainted with Amish leaders

COPYRIGHT, 1965, DES MOINES REGISTER & TRIBUNE COMPANY PHOTOS BY THOMAS DE FEO in other States; my visit to the Iowa Amish community was prepared by a letter from an Ohio Amish spokes- man. I had worked with the Amish in an attempt to secure a conscience clause for those who could not con- scientiously join labor organizations. I represented or- ganizations active in defending minority rights—the Religious Liberty Association of America and the Sev- enth-day Adventist Church. These bodies were studying the Amish school problem, and I was to report my conclusions to them. Should evidence indicate that the Amish's free exercise of religion was being compro- mised, legal counsel and other aid would be offered them. But, first, facts were to be determined and all avenues of mediation explored. Newspapers have bannered the basic facts. Since 1961 a small group of Amish parents living about nine miles north and slightly west of Independence, Iowa, have re- sisted an Iowa law that requires children between 7 and 16 years of age to be taught by a State-certified teacher. The fifteen Amish families involved, with their 53 school-age children, have been pleaded with, reasoned with, jailed, and fined. Today, Iowa still has its certi- fied-teacher law, and the Amish still have their one- room private schools taught by uncertified teachers. A moratorium, called in November, 1965, by Iowa Gover- nor Harold E. Hughes, preserves an uneasy truce; still unsettled are court actions against the Amish.

MY VISITS WITH STATE AND COUNTY OFFICIALS revealed that they believe the reason for the problem with the Amish to be economic rather than religious. From the attorney general to local school board mem- bers I heard that the Amish sought to evade the expense of hiring certified teachers. Around three hundred Am- ish children in Iowa attend schools under certified teachers. Parents of a number of these have told State officials that religious conviction is not involved in the question of certification; in fact, the very Amish fami- lies involved in the present impasse for some fourteen years used certified teachers in their schools. After listening to this viewpoint, I put the question to Dan Borntrager, sixty-five-year-old Amish spokes- man, while we sat in his gasoline-lighted living room— "Economy or religion, sir?" His answer was firm and

r without hesitation: "It is a religious question, Mr. school district of which the Amish schools now were a Adams." part) drew up a list of additional conditions which the What of the charge that the Amish hope to save Amish were expected to meet before the Board would money by hiring unaccredited teachers? Borntrager agree to operate their schools as part of the public school pointed out that fines assessed against Amish parents in system. The Amish were warned that continuance of Buchanan County totaled over $10,000; the Amish had their one-room schools would be only temporary; in the faced the loss of their farms without retreating from near future they would be required to send their chil- their position. Hardly, he observed wryly, an "economy dren to a consolidated school in Hazleton. move." One week later the situation worsened when mem- Why, then, had the Amish families at Hazleton per- bers of the Oelwein board, with representatives of the mitted their children to attend schools under certified State Department of Public Instruction, inspected the teachers for some fourteen years before hiring two un- two Amish schools. Later that evening the Amish par- certified Amish teachers with only eight grades of edu- ents were told that their schools did not meet minimum cation? And why were some three hundred other Amish State standards and that they would have to send their youngsters in the State being taught by certified teach- seventh- and eighth-grade students to the Hazleton con- ers? solidated school immediately, while the school board would operate the two one-room schools for the first six grades for one or two years more. BORNTRAGER'S ANSWER began with an explana- The Amish requested time to consider the proposal. tion of Amish assumptions in 1961, when the Oelwein According to Arthur Sensor, present superintendent of community school district, in Buchanan County, sought schools, the Oelwein school board has not officially to reorganize with the Hazleton consolidated district. heard from the Amish again. The board learned unof- A letter from the State superintendent of instruction, ficially that the conditions were unacceptable. Paul F. Johnston, to the superintendent of the Oelwein In the fall of 1962 the Amish parents employed two public schools, A. A. Kaskadden, which he shared with Amish teachers with only eight grades of education. the Amish on November 4, led them to believe that their schools would be preserved in their communities under teachers sympathetic to their way of life. The THE NEXT MOVE CAME in the courts. On Novem- letter read, in part: ber 28, 1962, J. J. Jorgenson, Buchanan County superin- "I would recommend that if the reorganization took tendent of schools, sought an injunction to close, the place that [sic) the Board hire teachers and provide Amish schools. Two months later District Court Judge supervision for the two schools which the Amish peo- Peter Van Meter, of Waterloo, refused the injunction. ple are now operating. I think the new Board should In another court test, March 28, 1963, ten Amish provide good facilities and equipment, and good teach- parents were charged under section 299.1 of the Iowa ers for these schools but in so doing recognize these code with failure to cause children under their jurisdic- people's feelings concerning education." (Italics sup- tion to go to school. In April the ten Amish were plied.) jailed. Their attorney, W. W. Sindlinger, filed a peti- Believing that this letter meant that the State would tion in equity asking a writ of habeas corpus to re- continue their one-room schools in their communities lease the men from jail. Judge George C. Heath granted with the State supplying certified teachers, the Hazleton the writ. Later, a notice of appeal and a motion to set Amish approved, in November 1961, annexation of aside were filed in court at Independence. The case is their schools by the Oelwein community school dis- still standing. tricts. On September 26, 1963, the Amish filed a request to The Amish community was surprised when, on May be exempted from obeying the State school law requir- 7, 1962, the Oelwein community school board (the ing certified teachers. It was denied two months later.

MAY-JUNE 9 The Amish then appealed to the State supreme court, and county law enforcement officers realized that these but withdrew their appeal before any action was taken. "plain people" would lose all their property before they The Oelwein school board proposed to the Amish would violate their religious convictions. that they bring their children to the Hazleton consoli- dated school by bus and place them in an ungraded class- room in a separate building, with a single teacher for a I N A MOVE CALCULATED to prevent the Amish period of one year. Eighteen Amishmen answered in a from losing their farms in court fines, county officials letter delivered to the superintendent's office, Septem- now tried another plan. On Friday morning, Septem- ber 30, 1964. It said: "In answer to your proposal to ber 19, Oelwein community school's fifty-four passen- take our 36 Amish children to a classroom at Hazleton. ger school bus, No. 8, rolled out of Oelwein toward We, the parents, after holding a council, feel we can- the Amish community. Aboard the bus were Super- not except [sic) said proposal for religious reasons." intendent Arthur Sensor, Mrs. Donna Story, a school In 1965 State Representative Dale Crosier intro- nurse, and the driver, Robert Hankins. In Hazleton, a duced a bill to exempt Amish schools from the State fourth passenger was picked up, Owen Snively, princi- certification requirement. However, the sixty-first Gen- pal of the Hazleton school (and on this day the dis- eral Assembly adjourned without giving serious con- trict's truant officer) . The bus stopped at a number of sideration to the Amish problem. Amish homes, but found no children. At one stop Abe Yoder told the county superintendent: "If I didn't have "I am determined to try to find a a religious reason for this, I would put the children on way, if possible, to make Iowa a place the bus. . . . We can't tell our children to go on your where the Amish people can live bus." and follow their religious beliefs." —Harold E. Hughes, Governor of Iowa. When the bus arrived at the Amish school, known as Charity Flats, the 13 Amish children known to have On September 9, 1965, fourteen Amish fathers were been in the school that morning were missing. Not far brought before Justice of the Peace Mrs. Tony Wengert away, black hats could be seen bobbing up and down and charged with not causing their children to at- in the cornfield. The bus now traveled to the Amish tend a school taught by a certified teacher. Each of the school No. 1. The American flag was flying outside the Amishmen pleaded not guilty, but was fined $20 and school. An Amish buggy blocked the driveway. It was court costs of $4. now 10:03 A.M. Sheriff Beier and County Attorney Joe E. Borntrager, the first Amish parent to appear Harlam Lanman were present, having been summoned in court, presented a typewritten paper in his defense. from Independence by radio. Sheriff Beier came out It began with a verse of Scripture: "And be not con- of the school and asked newsmen to back off the school- formed to this world; but be ye transformed by the re- grounds, because the Amish were coming and he did newing of your mind" (Romans 12:2). He pleaded not want the path crowded. Thirteen Amish children with the court: "Please do not hinder our schools. came out—the girls in their black bonnets and black They have been run successfully for three years as they shawls, the boys wearing denim cloth and black hats. are." Borntrager referred to the First Amendment, in- The children, confused and not knowing what to dicated that he feared religious interference, and told do, milled about near the edge of the schoolyard. A the court that the Amish wished to have their own moment later someone cried, "Run," and the children schools and teach their children near their own home scattered, most of them to a cornfield west of the school. to lead a humble and honest farm life. He indicated The deputy sheriff stopped one boy and led him to the that their religion called for the type of schools they bus. The county attorney and school superintendent were now operating. went to the cornfield, but were unsuccessful in persuad- The nightly court sessions continued through the ing the children to come out. Then, according to the next week, until the total fines were over $10,000, report of the Des Moines Register, County Attorney

10 LIBERTY, 1966 Lanman called the whole action off, and indicated that the plight of the Amish with officials of that organiza- there would be no more action that day, but the bus tion—I returned to Iowa. We called on Governor was back right after lunch. This time there were no par- Hughes, who three weeks before had visited the Amish ents around, and the school officials quietly talked the near Hazleton and had talked with the Oelwein school Amish children into getting on the bus. The next Mon- district board. day morning school officials and law enforcement of- The governor told us: "I am determined . . . , if pos- ficials found an attorney for the Amish stationed at sible, to make Iowa a place where the Amish people can each of their schools. It was after this confrontation live and follow their religious beliefs. Why should that Governor Hughes stepped in and called for an they be forced to leave Iowa because of a religious is- "all-inclusive" moratorium. sue? Certainly we can find a suitable solution." My visits with Dan Borntrager and other Amish- Governor Hughes revealed to us, in confidence, his men left me convinced that religious conviction is in- proposal to the Amish. The story can now be told. He volved in the Amish position, but that the question of would ask the Iowa State legislature to pass a law ena- certification does not penetrate to the heart of the issue bling the State to take over all Amish parochial schools involved. and make public schools out of them. Buildings would be improved or new ones built. They would be left in 0 N JANUARY 24, 1966, along with Dean Kel- Amish communities and supplied with certified teachers ley, a Methodist clergyman and religious liberty director who would be sympathetic with Amish ideals and cus- of the National Council of Churches—I had discussed To page 32

THE AMISH SCHOOL SITUATION

Pennsylvania 1. Almost all Amish children attend Amish' parochial schools. 2. A teacher certification law requires that all elementary stu- dents be taught by a State-certified teacher. 3. Exemptions to this law (effective January 16, 1956) specify that private, nonprofit schools and parochial schools are not re- quired to have certified teachers. "We went through a lot of birth pains on this arrangement," \ ' says Warren E. Ringler, executive assistant to the superintendent of public instruction, "but it is working out satisfactorily and the -.1 Amish are happy with it."

Indiana 1. No teacher certification law, though one may soon be passed. 2. Problem with the Amish has arisen only in connection with consolidation of school districts. "I believe the educational problem concerning certified teachers is a religious issue with the Amish," says William E. Wilson, State superintendent of public instruction.

Ohio 1. Ohio law requires that all children attend a State-approved school. COURTESY OF JOHN A HOSTETLER 2. One requirement for a State-approved school is a certified Location of Old Order Amish church teacher. districts in Eastern United States 3. Amish schools do not have certified teachers and are thus and Canada, where most Amish live. not approved; attempts to enforce Ohio law on Amish schools have failed in the courts; public is on the side of the Amish. The Amish Wag of lift

HE conflict over the Amish school issue fills me group of experts is sufficiently learned to know when a with mixed emotions. teacher should be certified to teach and what courses T I can sympathize with the educational spokes- are the best ones in teacher preparation? men, for I am an educator. I can also sympathize with the Amish, for as an BUT THE LAW requiring minimum standards for Amish boy, religion was important to me. teachers is, nevertheless, essential with its limitations. It I can sympathize with the local persons who are in- has a purpose and an intent, for it provides a. guide or clined to think that stubbornness rather than religion is base line for the common good. But the law must be in- terpreted with a knowledge and understanding of cul- the real issue. Perhaps most of us can appreciate the problem faced tures if it is to maintain its function. by Governor Hughes, who must manage the peace- Some laws, like stopping at a red light, must be keeping function between people who feel so strongly widely understood and made absolute if they are to in opposite directions. achieve their intended good. In the area of values, re- By birth I was Amish and for twelve years I tilled ligion, and education, laws (if made) require interpre- Iowa soil. Against the mandates of Amish culture I at- tation and a latitude of understanding if their intent is tained an education and have taught in several uni- to achieve the public good. versities. I have conducted research among minority A sufficiently broad understanding of the certifica- groups in the United States and Canada. tion law would take into account the following knowl- The Amish opposition to education, however stub- edge as applied to the Amish culture: born and economic it may appear to those who are 1. The Amish are a culture group whose religion not Amish, is based on integrated principles and on a pervades all aspects of their life. background of almost two centuries of sociological ex- 2. The Amish are changing their culture pattern at a perience. slow but voluntary rate. This voluntary rate of change A whole way of life for them is involved if educa- is retarded by enforcement of laws affecting religion tion goes beyond the limits of conscience and if educa- and values. Amish youth who are highly motivated tion is taken over by a secular system. Studies conducted will break with their culture and continue their goal of in underdeveloped countries, and American communi- higher education. Community studies show that as ties, reveal that the high school is indeed the most ef- high as one third of the offspring do not join the fective leveler of human beings. The transition from a church of their parents. rural to an urban society is made complete with the 3. The Amish educational ideals are not in conflict consolidation of schools. The Amish know intuitively with those of the larger society. what scientists know empirically, that their way of life 4. The public good is served if the illiterate and the is at stake. disadvantaged are brought to enlightenment and self- help through State laws. The public good is not served FAITH, FARM, AND FAMILY are the three postulates if the same law forces people to violate their religion, in the Amish charter. Farming in a simple and modest their morality and their nativistic and economically way is a focal point in their religion. The Amish reli- self-sufficient institutions. gion demands the loss of land, goods, or self, for con- The fear of some that if the Amish do not come up science sake if required, without retaliation through to minimum standards, then the door will be open to legal means or by force. If the Amish man must lose all kinds of cults and disorderly groups who want to his Iowa land, his faith requires that he accept the con- evade education, has little ground. Pennsylvania has no sequences as the judgment of God upon him for the certification requirements for teachers in private price of faithfulness. schools, but asks only that instruction be in the The issue is not a question of law, but of the in- English language and in subjects approved by the terpretation of the law. A law requiring certification of State. teachers is based on the assumption that the proper Although we have our share of lawless people, they amount and kind of courses will serve the public good. are not the Amish, who have maintained freedom of re- Those requirements represent the collective judgment ligion, as well as the assets of a nativistic culture, which and ignorance of educators and lawmakers. What is no small contribution to our American life. ***

12 LIBERTY, 1966 at Stake says an educator who was reared as an Amish boy in an Amish home.

Jacob (left) and John Hostetler. Writes John: "It is only by an act of God that we have such a picture, for the Amish forbid photography. One day, about 1924, a Philadelphia businessman visited our farm. When our parents were not looking he snapped this picture and later sent it to us."

By JOHN A. HOSTETLER

Professor of Sociology and Anthropology Temple University, Philadelphia

PHOTO COURTESY OF THE AUTHOR

MAY-JUNE 13 SUN ENGRAVING CO., LTD., LONDON & WATFORD FRANK 0. SALISBURY, ARTIST

First in a series on the contribution to religious liberty made by the churches of America.

OME years ago I was assigned to the Los Angeles right at the center of it. He paid a very nice compliment area of our church, and some of the brethren in to the courage of Methodist ministers he had known S Portland, Oregon, where I had been serving for and their willingness to commit themselves on social four years, gave me a farewell dinner. Among the and moral issues apparently with the consent of the speeches given at that time, I remember especially one bishop and district superintendent. But on the other by a Congregational layman who was serving as presi- hand, he said, Methodists went where they were sent dent of the Portland Council of Churches. He said and did not act as candidates for pulpits. (The brother that Methodists had always been a puzzle to him be- was a little bit naive on this matter.) So it seemed to cause they seemed to be creatures of contradiction. If this man that a Methodist preacher was a curious com- there was a hot social issue in the community, very bination of discipline on the one hand and freedom on likely, he remarked, the Methodist preacher would be the other.

14 LIBERTY, 1966 I listened to what he said with great appreciation and theological schisms that have plagued some of our and new understanding. It came to me that night that brethren. this is exactly what a Methodist preacher ought to be, There were a few church trials in our history, but and that our tradition has these two strains running they were never popular with the church as a whole. through it. We believe in a disciplined ministry under Somehow we have always had the feeling that they orders. But we believe also in a ministry that is free to never quite fit our framework, and it has been a long speak its mind, with no need to clear what is said time since any man was tried for heresy in the Methodist through hierarchy or congregation. In my judgment Church. Now and again we have a group who want to these two characteristics are good only if they are held establish some narrow orthodoxy and drive everyone together; if ,we separate them they become traps. I be- else out, but they never get very far. We still have the lieve that here is the unique Methodist contribution to word of our founder that Methodists are those who religious liberty. Though we often fail to be true to think and let think and are not to be regarded as men the heritage, it is there to bring us back to a nicely bal- of one particular opinion. Indeed, in my own confer- anced straight path. ence I have fundamentalists on the one hand and ex- John Wesley was regarded by many people as an treme liberals on the other, and sometimes the two ex- autocrat. I must confess that when I read his writings tremes are very good friends. Our heritage is one of the inevitable conclusion seems to be that it would not openness, and we hold the right of each layman to dis- have been always an easy task to work with him. He agree with his minister and with his bishop. gave the directions, and they were to be followed with- An important item in our church is our appointive out any quibbling. His idea of democracy was that no system. A Methodist preacher is not called by the con- man was forced to stay within the Methodist itineracy; gregation. He is sent by the bishop to his church. This if a man decided to stay, then he should be willing to is not quite as autocratic as it sounds, for a bishop con- be under his direction. sults the superintendents, the pastoral relations com- That same attitude was characteristic of Bishop mittee of the church, and the man himself. But finally, Francis Asbury in America, and the early Methodist the Methodist preacher is not at the mercy of a majority preachers in our country were men under command. vote of his congregation, and very seldom are votes Even the annual conferences were dominated by John taken. A man is sent to a particular place to preach the Wesley in England and Francis Asbury in America. Word and to be pastor of the people. He cannot be re- Discussion was in order, but the final decisions were moved by a small group of people organizing a witch nearly always heavily weighted by the opinion of the hunt. There are some of our conferences where the chair. best way to keep a preacher is to call him a Com- We should remember, however, that John Wesley munist. Like all churches, we have been through a was not browbeaten or silenced by the Anglican bish- testing from the extremists of the far right. But when ops. He had great respect for them, and he was always our polity works as it was meant to work, our men do courteous, but he never allowed not become whipping boys for himself to be driven from a people who want to set back parish because a bishop desired By BISHOP GERALD KENNEDY the clock. it. The famous statement "The I do not propose to argue world is my parish" was an answer to an accusation that the advantage or disadvantage of one church polity over he had no right to preach in a place where he was for- another. I am sure that all have their strengths and bidden by the Church of England. On the other side of their weaknesses. But I have grown to believe that, the picture, Wesley never asked his preachers to do what from the standpoint of the freedom of the pulpit, our he was not doing himself. The almost fanatical loyalty system is best. Of course, it is dependent upon the char- that men felt toward him sprang out of a response to the acter and quality of men in charge, and we have had a complete dedication of his life. He parted company with few examples of men who were betrayed by those leisure very early and in devotion to duty he showed the who should have been their champions. But so far way. as a system is concerned, I will take my chances with a Methodist cabinet rather than any other system I have THE METHODIST EMPHASIS upon experience tended yet seen. to give each man considerable freedom in his interpreta- At the General Conference that met in May of 1964, tion of Christianity. There were certain limits beyond a voluntary fund was established to support any Meth- which men could not go, but within the very large and odist preacher whose laymen cut off his salary because roomy framework of Anglican theology, a man was of his stand on integration or any other contemporary free to find his own way. We have never been a creedal issue. This was an announcement that we do not pro- church, and this has helped us to escape the divisions pose that any one of our men shall be persecuted for

MAY-JUNE 15 II I IIIIIIIIII

not for very long. Our system makes it possible to move a bishop the same as to move a pastor. An an- nual conference will not be cowed or frightened by any man. One of my colleagues said to me when I was first elected to this office that I would discover I had just as much authority as I deserved. He was right. No matter what our little book called the Discipline may say, we believe a man's authority rests on his character.

OUT OF THIS BACKGROUND of tradition, Method- ists have great liberty in social issues. Indeed, one of our main characteristics, according to some of our loudest critics, is to see no clear line between what is religious and what is political. But again this is an old tradition that began with John Wesley, who told us that the Bible knows nothing about solitary holiness. From the very beginning he was concerned about the physical needs of people. The modern voices that cry out for the good old religion do not find any support in Methodist his-

A. DEVANEY tory. We believe in personal experience and in social Who said dogmatism is an undesirable trait? responsibility. We also hold to the warm heart and to the sensitive conscience. In this, of course, we have good Biblical support, and we refer the brethren who are frightened of "the social gospel" to a man named his ideas by a few people controlling the purse strings Amos, who began the prophetic tradition in the of a church. It was an announcement that we are all eighth century B.c. in this together, and that however we may disagree on The hard line that some churches would try to draw issues, we are going to maintain a free pulpit in every between religion and politics is not a very real one. part of the country. Such was Methodism's way of an- We believe with all our heart in the separation of nouncing that no man is left to the mercy of local cus- church and state, which means for us that no church is toms in the fight to bring civil rights to all our people. to dominate the state, and the state is certainly not to I must pay my respects to the Methodist laymen, dominate any church. We will not agree, however, upon whom the final decision always has to rest. We that the church has no right to speak its word to the have a few narrow people who get mean when anyone state and to all public organizations. Ours is not the disagrees with them. There are a few places where little way of a partisanship or of championing political per- groups of Methodist laymen have organized to em- sonalities. But that we should speak directly to politi- barrass the church and spread dissension everywhere cians and that our people should feel a responsibility possible. But these are few and far between, and they to act as Christian citizens, we do declare. never succeed in becoming anything but a minor nui- I have now been a Methodist preacher for thirty-five sance. Thus far they have not destroyed a single church years, and I was a student preacher eight years before that I know of, and in relation to the effort they put becoming a member of a conference. Altogether I have forth, the results are meager indeed. been preaching for forty-three years in Methodist pul- The typical Methodist layman is the greatest man I pits. In all that time I have never had any district su- know. He listens to preaching he often disagrees with, perintendent or bishop even hint at what I ought to and sometimes he has a minister who has not won his say or what stand I ought to take. I have been a bishop respect. But he stays by his church year after year and for seventeen years, but I have never told any Method- insists on the right of the man in the pulpit to speak ist preacher what he had to preach or what ought to be his mind with honesty and love. He puts up with more left unsaid. This is no particular virtue, but simply the than some of us who are ministers would be willing to accepted way we are supposed to do things. endure. He is the one who keeps Methodist pulpits It is my considered opinion that the freest platform in free, and every Methodist preacher is forever in his all the world is a Methodist pulpit. This tradition is debt. perhaps our main contribution to the whole matter of I suppose it is true that the bishop has some signifi- freedom, and the assumption that no one interferes cant part to play in this tradition. An autocratic man with a Methodist preacher's liberty is one of our most may throw considerable weight about for a time, but precious possessions. ***

16 LIBERTY, 1966

Central Christian College and President Alvin 0. Langdon, who has dispensed "almost as many honorary degrees . . . as Harvard's Nathan Pusey."

60.4fi ektifem 11, Diploma Mill ?

PHOTO BY THE AUTHOR By MORTEN JUBERG Mechanics. A typical ad read: "Bible Students become a Ph.D. in Religious Education. Preach and teach in all states. World's first and largest religious body. Write now for free details. First Church of Psychology, 1745 AN a court injunction close the activities of a Washington Avenue, Huntington, West Virginia." church? What is a church in the eyes of the Applicants received a brochure listing courses in C• law? If some of a person's business activities are some 16 fields ranging from religion to real estate. considered illegal, can his legitimate pursuits be cur- Each course was available for $100, including text- tailed? books. Under "religion," as an example, were listed The granting of a temporary injunction against a some of the courses available, with the degrees granted. Huntington, West Virginia, "college" has raised The study of a "general Bible course" would give the these questions. And the contesting of the legal action student a Th.B. degree. A "New Testament course" led will give the courts a few thorny problems to solve, to a Th.M. degree, and there was an "advanced Bible some in the field of the separation of church and state. course," which provided a D.D. degree. All of this has come as the result of the activities of B.A. degrees were available in journalism, art, pub- Alvin 0. Langdon, a mild-mannered educator in Hunt- lic relations, and speech. In philosophy the ambitious ington. West Virginia school officials would even ques- student could get a Ph.D. degree. Under this heading tion the use of the term "educator" in referring to Mr. were listed nine subjects. To get the Ph.D degree in Langdon. There appears to be no argument but philosophy it was necessary only to take one of the sub- that Mr. Langdon has dispensed degrees by the dozen. jects. As the folder noted, the subject was designed to Time, in referring to the school, said he "has handed be completed in six months. out almost as many honorary degrees in the last two No doubt this was irritating enough to West Vir- years as Harvard's Nathan Pusey." ginians who had gained their degrees by years of dili- Langdon's operations have been a prickly irritant to gent study. Even more galling was the notation on the West Virginia schoolmen for some time. Even more folder, "An Accredited Educational Institution," and a irritating has been the knowledge that little could be seal indicating that the accreditation came from the done to stop him, because there were no laws forbid- "Association of Fundamental Institutions of Religious ding his actions. Education." Advertisements for the First Church of Psychology, This method of getting an advanced degree may a branch of Central Christian College, appeared in such have seemed too easy to educators, but Langdon had diverse publications as National Observer and Popular (To page 20)

MAY-JUNE 17 BY JAMES E. DYKES

Hail! to the liberating creed Of Jefferson, and all who share The heritage of Runnymede. True patriots we would revere, And honor Freedom's cavalier. But of the knights of Liberty, Let's sing of him who has no peer— Salute the man whose soul is free!

No threat or terror can impede His quest for Truth. No course austere Can force him to ignoble deed, Or make his courage disappear. Canossa's snow nor dungeons drear Can squelch his inbred gallantry. Though some may crucify and jeer, Salute the man whose soul is free!

4.: Envoy When Time his pylons shall uprear To mark the "greats" of history, May every line, engraved and clear, Salute the man whose soul is free! da. The guardhouse in reconstructed James Fort of 1607. an explanation. "About 90 per cent or even 95 per Several paragraphs later came information on the cent of our students are already college graduates. They cost of discipleship: "A life membership in the Faith hold an A.B. degree, and some of them have a Mas- Christian Church is just $100. There are no annual ter's degree. With all of this vast knowledge they have, dues, no tithes, or other costs and you will never be our students are not required to take a lot of subjects. asked to make a contribution for any purpose." They select one subject for the diploma they receive." Many benefits of church membership were listed, in- A believer in his courses, a list of Langdon's educa- cluding free tuition for the home study courses. This tional qualifications included a Doctorate in Divinity had its rewards also. "If you desire to study philosophy, from Faith Bible College and a Doctorate in Theology theology, or psychology, you may be ordained as a min- from Faith Theological Seminary. In many of his com- ister in the church and granted a doctorate in divinity. munications he referred to himself as "Rev. Dr." You will find this degree to be most beneficial in all The first legal step against Mr. Langdon came last fields of endeavor and it carries with it a prestige you summer when West Virginia Attorney General C. will enjoy and treasure the rest of your life." Donald Robertson filed a bill of information with the "Both men and women are eligible for member- Cabell County Court, asking for a temporary injunction. ship in the church and either may be duly licensed and In an affidavit Mr. Robertson said: "The national scope ordained as a minister. You will be appointed as a mem- of the defendant's activities, combined with the natural ber of the Advisory Council of Faith Christian Churches reluctance of persons receiving 'degrees' to come for- in the state in which you reside." This was designed ward, renders impossible the collection of a comprehen- to appeal to those desiring a short-cut degree. sive body of evidence" and that "production of this It was not necessary to preach or teach, although evidence at the trial would be time consuming and members were expected "to render services and bene- denial of production would unduly prejudice the prep- fits to the well being of other fellow citizens." aration of the plaintiff's and relator's case." Two paragraphs were devoted to the financial bene- He pointed out another problem: The welfare of fits of ordination. "As an ordained minister you are the people of West Virginia could not be protected by entitled to special State and Federal income tax de- criminal action against Mr. Langdon, because the ap- ductions each year in which you may save thousands of plicable State code provides for no sanctions. dollars during your lifetime. You many purchase furni- According to Mr. Langdon, his institutions are affil- ture, clothing, your auto, food, and other items with no iated with Calvary Grace Christian Churches of Faith state tax." with main offices in Fort Lauderdale, Florida. No list- The letter continued by extolling the "exceptionally ings of denominations or yearbooks of church organ- high financial returns" that could be gotten from "your izations include these churches. own professional prestige business which may be op- A telephone call to the international general super- erated from your home . . ." intendent of the church, the Reverend Herman Keck, As previously noted, one of the questions facing the Jr., brought the information that no membership list is courts will be whether Faith Christian Church consti- ever disclosed. Membership, according to Dr. Keck, is tutes a church. And if so, can church activities, such as unlisted, and each pastor is in complete charge. No home study courses, be curtailed. control is exercised over the pastors. The church was Another problem for the courts to consider con- organized in 1955 and incorporated under Florida law cerns Mr. Langdon's legitimate business interests. He in 1961. appears to be a qualified musician and has taught music Dr. Keck did acknowledge that Central Christian in several school systems. He is composer of more than College and Faith Christian College were affiliated 1,500 published songs, many of them written for gos- with his church. pel quartet use. He organized the National Gospel Mr. Langdon was ordained by the Calvary Grace Quartet Association and publishes Gospel Singing Christian Churches of Faith, but apparently has no con- World, a quarterly news journal. Many of his songs gregation. An interesting side light to church member- are well known and are sung by gospel quartets across ship is found in a letter (included with the bill of in- the nation. formation filed by States Attorney Robertson) sent to But since Langdon's music publishing business is an those applying for study at Central Christian College. adjunct of Central Christian College, the injunction has It begins: "Have you ever considered membership closed it down, however legitimate it may be. in the Faith Christian Church? Such membership is Whether Langdon and his attorney can stimulate exclusive and by invitation only. We are dedicated to any action on the part of Cabe11 County Circuit Court improving the life of our members through warm Judge John W. Hereford remains to be seen. There friendships, educational, cultural, religious, social and are many Mountain State educators who fervently hope other activities." that the case stays permanently bottled up. ***

20 LIBERTY, 1966 Judicial Review—I PEAKING to the National Convention of the AFL-CIO last December, Sargent Shriver, direc- S tor of the Office of Economic Opportunity, said that the Poverty Program had registered victories in areas where little had been done in the past. Three or four years ago, Mr. Shriver said, it was "practically im- possible for a Federal agency to give a direct grant to a religious group. Today, we have given hundreds with- out violating the principle of separation of church and state." wko As more and more laws are passed channeling Fed- eral tax money to churches or church-oriented institu- Should tions, an increasing number of citizens are wondering whether Sargent Shriver or departments of Govern- ment or Congress itself should be the final judge of Be the Final whether Administration programs are in or out of harmony with the First Amendment. One thing is certain: at present, John Q. Public— Authority on who foots the bills and who may be deeply committed to preservation of the First Amendment—has little opportunity to solicit the opinion of the Supreme Court, Constitutionality of the one body whose opinion is definitive. Since 1923 the taxpayer has been precluded gener- ally from contesting the constitutionality of Federal Government Aid expenditures, on the ground that his interest is not sufficient to bring suit. The Supreme Court held that the taxpayer's interest in the moneys of the Treasury to Churches? "is shared with millions of others; is comparatively minute and indeterminable; the effect upon future tax- ation . . . is so remote . . . that no basis is afforded for an appeal to the preventive power of the Court."— Frothingham v. Mellon, 262 U.S. 447, 1923. (See (Check one) article on page 24.) 1. SARGENT SHRIVER 2. THE ADMINISTRATION IN EFFECT, RIGHTS GUARANTEED by the First 3. GOVERNMENT AGENCIES Amendment may be violated by Congressional action, 4. CONGRESS and the taxpayer, because of the 1923 decision, denied 5. THE SUPREME COURT access to judicial review. Among those who believe that to prohibit tests of programs that may be in violation of the First Amend- If you checked 1-4, we prescribe a cover-to-cover ment is to make a mockery of the Bill of Rights is reading of Liberty magazine—and a renewed sub- Senator Samuel J. Ervin, of North Carolina, a consti- scription. If you checked 5, renew anyway (isn't to- tutional lawyer of repute, and co-sponsor of Senate Bill getherness grand?). Then read why your vote 2097, which would restore standing to sue to certain doesn't count. classes of citizens. During Senate debate on an amendment he intro- duced in 1963 to secure judicial review of grants and loans to church-owned or operated universities and col- leges, Senator Ervin explained his position: By W. MELVIN ADAMS "Millions of Americans entertain the conviction that the first amendment prohibits the Congress from making grants or loans of tax moneys for construction purposes to colleges and universities owned, controlled, or operated by religious denominations. And yet exist- ing Federal procedures shut the courthouse door in

MAY-JUNE 21 PHOTOS BY MELVIN W. ADAMS

Theodore Ellenbogen, assistant general counsel, Division of Legislation, Department of Health, Education and Welfare, Washington, D.C.

as the Baptist Joint Committee on Public Affairs, the American Civil Liberties Union, Protestants and Other Americans United, the National Council of Churches, the National Association of Evangelicals, and several Jewish groups. Opposition to the amendment was headed by Sena- tors Wayne Morse (D.—Oreg.), Jacob Javits (R.— N.Y.) , and Representative Emmanuel Celler ( D.— N.Y.), who argued that judicial review amendments were: 1. An attempt to introduce controversial elements Professor Leo Pfeffer, chairman, Department of Political Science, Long Island University, Long Island, New York. which would in effect defeat the entire Education Act; * 2. Not needed, because litigation challenging First their faces and preclude them from challenging the Amendment questions was presently before the courts; 3. power of Congress under the Constitution to make such Not necessary because there was evidence that the court itself was relaxing the procedures that make grants or loans. possible such a case. "Millions of Americans entertain the additional con- They opposed the amendment additionally because: viction that the first amendment was drafted and rati- 4. State courts already make it possible for a taxpayer fied to enforce Thomas Jefferson's view that it is both to challenge the use of State funds; 5. Such an act by sinful and tyrannical to compel a citizen to make con- Congress would be an admission that Congress was not tributions of money in the form of taxes to the support doing a responsible job in regard to constitutional legis- of religious institutions whose doctrines he disbelieves. lation; 6. The amendment would invite numerous irre- And yet existing Federal procedures nail the court- sponsible suits against the Government. house door shut and deny these citizens any opportunity The Elementary and Secondary Education Act of to raise the question in legal proceedings whether Con- 1965 was passed without an amendment for judicial gress robs them of their constitutional right to be free review. from taxation for religious purposes when it makes At press time, the fate of Senate Bill 2097 is unset- grants or loans for construction purposes to colleges and tled, though it is virtually certain that it cannot pass the universities owned, controlled, or operated by religious Senate in its present form. Introduced by Senators denominations."—Congressional Record, October 11, Morset (D.—Oreg.), Clark (D.—Pa.), and Yar- 1963. borough (D.—Tex.), the bill would permit suit to be The 1963 Ervin amendment was passed by the brought through the United States District Court for Senate, but rejected by the House in conference. the District of Columbia, by three classes of plaintiffs: IN 1965 THREE JUDICIAL REVIEW amendments— They apparently meant that they did not want to be in the middle of two in the House, and one in the Senate—were offered an argument between church groups opposing aid to sectarian institutions and church groups supporting it. to the Elementary and Secondary Education Act. These t The reason why Morse opposed a judicial review amendment to the Elementary and Secondary Education Bill in 1965 but is sponsor of the were defeated, despite the support of such organizations current bill is explained by Frank Salisbury on page 24.

22 LIBERTY, 1966 1. Any citizen of the United States who has paid in- The cost of bringing suit is a limiting factor, and the come tax during the preceding year; 2. Any public or court can group suits in such a manner as to rule on other nonprofit institution or agency denied a loan or several challenges at once. grant on the grounds that such a loan or grant would be Would such a law bring about a "substantial change prohibited by the First Amendment; 3. Any public or in the traditional relationships of the three branches other nonprofit institution or agency which is, or may of the Federal Government"? To accept this reasoning be, prejudiced through a reduction in the amount of is to assume that the founders of our country expected funds made available to it by virtue of a grant or loan Congress to be not only judge but jury when it comes being made to another institution or agency under any to First Amendment cases involving funds for churches of enumerated acts. and church-owned or operated institutions. To test First These acts are: Amendment issues would seem to be to exercise one of (1) the Higher Education Facilities Act of 1963 the checks and balances built into the Constitution of (2) Title VII of the Public Health Service Act this Republic. (3) the National Defense Education Act of 1958 It is true that most State courts permit taxpayers' (4) the Mental Retardation Facilities and Com- suits and that, theoretically, judicial review might be munity Mental Health Centers Construction Act secured through this medium. But State taxpayers' suits of 1963 cannot be instituted without State money being in- (5) Title II of the Act of September 30, 1950 volved, and most, if not all, of the Federal statutes in (Public Law 874, Eighty-first Congress) question involve the disbursement of Federal money. (6) the Elementary and Secondary Education Act To reply on this argument is to admit that the taxpayer of 1965 has a right, but to deny him the remedy. (7) the Cooperative Research Act. On another point, the Justice Department and the In addition, any other act administered by the De- HEW argue correctly: As S. 2097 now reads, it could partment of Health, Education and Welfare and en- be interpreted as allowing a single suit to stop the en- acted after January 1, 1965, could be challenged. tire government program operating under the particular Senate Bill 2097 is opposed by the United States act challenged. This section, 6(a) of Senate Bill S. Department of Justice and the Department of Health, 2097, should be eliminated and a provision inserted in Education and Welfare (HEW). Apart from legal its place that would not allow any single suit to halt precedents, the Justice Department and the HEW op- the entire welfare program. Such action as deemed pose the bill as poor public policy. They contend that necessary could then be taken by the Court. it would impose "new and onerous burdens on the HEW spokesmen have asked why S. 2097 would re- Federal courts," hamper and delay "operation of essen- strict the testing of acts only to those under their tial Federal programs," and make a "substantial supervision. Their question is a good one. At the very change in the traditional relationships of the three minimum, the following acts should be included: branches of the Federal Government." 1. The Hospital Survey and Construction Act of They maintain that taxpayers and institutions may 1946 test the constitutionality of programs on First Amend- 2. Federal Property and Administrative Services ment grounds through State court actions. Of special Act of 1949 concern to HEW was the provision that would permit 3. Economic Opportunity Act of 1964 a taxpayer or institution to stop the challenged welfare 4. The Higher Education Act of 1965 program until the Supreme Court could act. Said a 5. Housing and Urban Development Act of 1965 HEW spokesman: "These taxpayers' suits could jeop- 6. Acts amended after January 1, 1965. ardize for years to come the efforts of HEW to fulfill To ask that these be included does not imply the the hope embodied in the programs which would be conviction that they are unconstitutional or that they affected by the bill." are poor legislation. It does imply that all legislation should be able to pass this standard, enunciated by the M0 ST OF THESE ARGUMENTS appear to be with- Supreme Court in the 1947 Everson case: "No tax in out substance. To look at them more closely: The Justice any amount, large or small, can be levied to support Department and the HEW contend that Federal courts any religious activities, or institutions, whatever they would be flooded with suits if such a bill became law. may be called, or whatever form they may adopt to Evidence does not support this contention. For many teach or practice religion." And that the Supreme Court, years States have permitted taxpayer suits without over- rather than Sargent Shriver or departments of Gov- burdening their courts. If all suits were limited to the ernment or Congress itself, should be the one to weigh jurisdiction of the District Court of the District of Co- administration programs on the First Amendment lumbia, other Federal courts would not be involved. scales. ***

MAY-JUNE 23 Judicial Review-2 LICE N. WONDERLAND interested in judicial review, an esoteric field where constitutional A lawyers graze? Well, maybe not, but she knew that what Congress Should the Citizen did about it could mean a few dollars more in her purse Have Standing each month, and she had the impression that Congress is becoming positively filled with Hollywood actors. to Sue the Wanting her company at hearings on a bill to give Government? the individual citizen standing to sue the Government— that's the judicial review bit—I did not disillusion her. I knew that few actors could put on a better show By FRANKLIN C. SALISBURY than the three Senators sponsoring Senate Bill 2097— General Counsel, Protestants and Other Americans United Wayne Morse, the "heavy" in many Senate castings; Ralph W. Yarborough, alert and personable young senator from Texas; and Sam Ervin, Jr., North Caro- lina's country boy made good. The real selling point came when I told Alice, "You will hear a lot about the important Muskrat case." She thought it had something to do with the price of fur coats, and I needed to urge her no more.

Wherein Alice N. Wonderland attends Senate hear- ings on "A Bill to Provide for Judicial Review of the Constitutionality of Grants or Loans Under Certain Acts" (S. 2097), learns all about Muskrats and Mellons and asks questions that would stump a Perry Mason.

THOMAS DUNBEBIN, ARTIST

24 LIBERTY, 1966 She was dressed in a quite un-Victorian dresslet— Maternity Act provided for annual appropriations the kind of thing Orbachs does to a Givenchy—when from the Federal Government to be apportioned among she got off the plane at Washington's National Air- the States for the purpose of reducing maternal and port. I would have frozen in it—mid-March sees my infant mortality and to protect the health of mothers longies still on the line. But she looked quite comfort- and infants. In the Massachusetts part, the State com- able and chic; I thought the looking glass attached to plained that the act invaded its local concerns and her leather handbag set her off nicely from the crowd. usurped the power of self-government reserved to the We taxied to the Senate Office Building, where the States. The Supreme Court promptly rejected this claim." Senate Subcommittee on Constitutional Rights, under Alice laughed. "Served the State right; think of at- the chairmanship of Senator Sam Ervin, Jr., was out tacking motherhood!" in full force. "It was not the motherhood aspect of the case that was important, but one Harriet Frothingham's suit as a taxpayer," I replied. "Harriet was annoyed by the load A S WE WAITED for the session to start, I explained that the individual citizen at present cannot test the con- of taxation. As a taxpayer of the United States she con- stitutionality of Federal aid to churches, because he has tended that the expenditures would increase the burden no standing to sue. Senate Bill 2097, unfortunately of future taxation and take her property without due proc- titled "A Bill to Provide for Judicial Review of the ess. This was a new contention to the Supreme Court, Constitutionality of Grants or Loans Under Certain which pointed out that the right of a taxpayer to obtain Acts," represented a generous gesture on the part of relief in the courts exists only if the injury is one not Wayne Morse of Oregon to live up to his promise to shared with the public at large. If everybody shares the provide a method in the courts to test the legality of grief alike, no one has the right to seek judicial relief in grants of money to churches under the Elementary and the Federal courts under our Federal Constitution." Secondary Education Bill. He made this rash promise "That must be what they mean by woman's right to when the education bill was being debated before the universal suffering," Alice said. House and Senate subcommittee on education. "Not `suffering,"suffrage'—Alice, be serious!" I explained why the bill was needed. "In 1923 the Supreme Court closed its doors to citizen-taxpayers who DURING THE AFTERNOON there was a parade of might want to question the possible illegal use of departmental officials all opposed to the bill. The lawyer their tax funds for unconstitutional purposes. This bill for the Department of Justice relied heavily on Mellon. will open those doors at least a wee bit for cases where He argued that a taxpayer has insufficient stake in the persons claim that they are being required to support use of his tax money to have "standing" in the courts the religions of others through their taxes. For exam- to ask for protection from unconstitutional abuse of his ple, if a grant or loan is made under some seven or so taxes. He seemed to be arguing that there is such a recent acts of Congress listed in the bill, citizen-tax- widespread disregard of the Constitution by Federal payers, as well as certain nonprofit agencies, will have a money dispensers that there would needs be a multi- way to complain about the matter in Federal courts." tude of suits. This he pointed out would jeopardize the Alice asked: "The title seems to be the clearest thing important (unconstitutional) programs affected by the about the bill. Why did you say it was 'unfortunately' bill. The Department of Justice man seemed to believe titled?" that certain parts of the country are more "unconstitu- "That's where the Muskrat case comes in," I replied. tional" than others: "I know of your love for animals—rabbits and walruses "The result in a great many areas of the country and such—but this Muskrat was a Cherokee Indian. would be endless litigation, stays, and other delays He got himself involved in a case that went clear to where expedition is essential if the salutary purposes the Supreme Court. The Muskrat case would make the in the programs are to be achieved." title to this bill unconstitutional, but not necessarily the "Didn't the Department of Justice draft this bill?" contents of the bill! You will see what I mean when Alice asked. "How come they find it so impossible we get into the hearings." now?" Alice whispered to me: "Tell me first what did the There are some questions, the Justice Department Supreme Court do in 1923 that closed the doors of the would agree, that are better ignored. We listened next courts to taxpayers?" to the champion for the Department of Health, Educa- I explained: "That was a sort of two-headed case, tion and Welfare who said, "This bill is itself unconsti- most often referred to as Massachusetts v. Mellon.' tutional and should not be passed." ( Andy Mellon was then the Secretary of the Treasury.) The Government witness explained that there would It was combined with another case by the name of be thousands of persons who would rush to bring actions Frothingham v. Mellon. Justice Sutherland delivered to enjoin the carrying out of vital (unconstitutional) the Court's opinion. Both cases challenged congres- Federal programs. He suggested that some taxpayers

sional legislation known as the 'Maternity Act.' The 1 Muskrat v. United States, 219 U.S. 346, 31 S. Ct. 250, 252 ( 1911) .

MAY-JUNE 25 might bring these suits out of a "desire for publicity," "Unfortunately, Congress in the Muskrat situation or a "spirit of adventure." did exactly what the title to S. 2097 suggests in turn it Alice asked: "What does it cost to bring that kind of will do, namely, provide for advisory opinions. That case?" why I said its 'title' is unconstitutional—not the text." I answered that $25,000 should be allocated to any Alice asked: "How could they think of such a thing? serious attempt to adjudicate a constitutional principle, It is almost as if the drafters of the S. 2097 wanted to "and that is just a starter." make sure that nobody in his right mind would pass it." Alice added: "Persons willing to spend $25,000 on a "No," I replied, "that could not be their reasoning. lawsuit out of their own funds for the sake of adventure It will be easy for the Senate subcommittee to recom- must be real high livers. What have they been doing mend a change of title and add some likely amendments with their money since the Supreme Court took away to eliminate such provisions as the narrow number of their opportunity to join in all this fun?" statutes to be covered. Obviously, too, the bill should not hamper the administration of any loan or grant THE NEXT GOVERNMENT WITNESS pointed out programs until after a court has had an opportunity to the proposed act provides that when anyone objects to a hear arguments and determine that there is sound ground grant or a loan in court, the lending agency must stop for holding the grants or loans unconstitutional. Also, it in its tracks until final determination of the lawsuit. would be better not to give churches and other nonprofit Alice asked: "Are you sure that the people who organizations the right to bring suits when they are drafted the bill really want it to pass? Why didn't they disappointed in their own quest for the same funds. provide for the agency to go ahead with its program "The nongovernment witnesses zeroed in against the until after a court determines whether it is constitu- Mellon case. They pointed out that even Justice Doug- tional?" las has publicly expressed doubts about the Mellon That Alice! She could ask as many questions as Perry logic as it now stands in the law." Mason. "Well," says Alice, "why doesn't somebody bring a "Let's listen to the attorney for the Government suit and get Massachusetts v. Mellon overruled instead department explaining the Muskrat case," I countered. of passing another law?" In the Muskrat situation, Congress passed a special "You have a good idea there, Alice. The only thing act permitting a suit in the Court of Claims to test the is that Mellon makes it doubly difficult to get 'standing' constitutionality of another piece of congressional legis- to ask the Court to overrule or limit Mellon. lation. Justice Day promptly held that it was not "Since 1923," I continued, "there has been a rash of constitutionally proper for Congress to use the Federal legislation and administrative actions that put the Gov- courts for advisory opinions. That can be done under ernment into the field of welfare and education. You State constitutions, like that of Delaware, but not un- know this used to be a monopoly of churches in our der the Federal Constitution. Justice Day quotes an part of the world. Churches are getting impatient with earlier opinion in which Chief Justice Jay further God and anxious to do 'good' in a hurry. Government explained: clerks have been using churches and church-related in- "Neither the legislative nor the executive branches stitutions to do this kind of work for them as if the can constitutionally assign to the judicial any duties but Government had no resources of its own. Many denomi- such as are properly judicial and to be performed in a nations have welcomed the bonanza and have offered judicial manner."' their churches to do 'good' at taxpayers' expense. But "But, Frank," Alice whispered, "how come Chief this is just what the religious clauses of the Federal Justice Warren was assigned the job of investigating Constitution were designed to prevent. And this is what the murder of President Kennedy? That was hardly a will be fought out if taxpayers have an opportunity to judicial job!" I revised my opinion: Alice could ask contest this use of their funds." more questions than Perry Mason. Alice laughed. "It surely would be a serious matter if I replied: "Let's stick to present problems. You can Government departments had to follow the Constitu- learn from the Muskrat case that the exercise of judicial tion and begin acting in a constitutionally disciplined power is the only power that the courts of the United fashion. And, Frank," she continued, "how could Con- States are permitted under the Constitution. Their gress pass a law making grants to churches and church- power is limited to 'cases' and 'controversies.' The related institutions in the first place? I thought separation Supreme Court further pointed out that Congress can of church and state was one of the unique characteristics get its advisory opinions from the Department of Jus- of the American Constitution. Huh, Frank?" tice or from private lawyers. The Supreme Court must Oh, Perry!—Perry Mason . . . *** hold itself in ready to act as a court of last resort to determine whether any such opinions are correct. 2 Ibid.

26 LIBERTY, 1966 FREEDOM Does Not Come by the Piece

He who would preserve his own freedom must preserve it for others.

By BRYCE W. ANDERSON

VERY man becomes freedom's disciple when gov- And each revolution breeds in its violence new restric- ernmental restrictions touch that which is dear tions to follow. E to him. The kings of old had their own simple and effective The employee wishes freedom to organize for bar- way to silence all critics. They claimed to rule "by di- gaining power; the employer wants freedom to hire, vine right." Criticism was deemed blasphemy and was fire, and pay as he sees fit. The Negro asks freedom to punishable by death. The government was not the peo- live wherever he chooses; the segregationist demands ple's business; theirs was but to obey. freedom to bar the Negro from his neighborhood. Today's governors dare make no such claim. Should Each man cries out against restriction on religion— they do so, they would be the ones accused of blas- if it be his religion. phemy. But freedom does not come by the piece. It is a struc- But this does not mean that today's governors—be ture of delicate balance in which each piece meshes they elected by the democratic process or placed in with those about it. Remove one piece here, another power by military coup—are wholly free from the sin there, and soon the structure is no longer secure; it of suppression of free thought, speech, and writing. trembles in the wind. Conducting a business in full view of the public is He who would preserve his own freedom must pre- extremely difficult. It is much easier to operate the pub- serve the freedom of others. He cannot save that piece lic's business privately. So it is not surprising that the which he desires while denying someone else the por- governors find no lack of excuses why this or that tion that is his. "is not the people's business." And each such excuse The keystone of the structure is freedom to believe takes something away from all freedom. and to speak that belief. When that freedom is denied, For instance: all others fall with it. It is no accident that the same The Federal Government decrees that matters affect- theocracy that hanged witches in colonial days cut off ing the national security must be kept secret from our the ears of Quakers who dared enter its domain. people lest they become known also to our enemies. He who would worship as he pleases, where he But who decides what affects the national security? Too pleases, and when he pleases must guard more than often the decision falls to the man on the spot or the one entry to the house of freedom that protects him. lowly clerk in a government bureau. He soon learns If the Sunday-closing law clamors at his door, it may be that safety from censure by his superiors is best assured because he opened the window to a curb on free speech. by keeping the "confidential" stamp in use. Men will always criticize their governments—at all The result: Matters of public interest—but not of levels—local, state, and federal. This has been so national security—too often become "secret." The through the ages. And it is one of the greatest tributes "confidential" stamp itself becomes a handy means of to man, for it shows he seeks for a better society than stifling criticism and of abridging liberties. that in which he lives. In time of war we willingly give up much of our But governments fear criticism, and the measure of freedom for the sake of national security. But in time their fear is the measure of their despotism. of peace, security rests most soundly on an informed If man is free to think, speak, and write as he public. When the "confidential" stamp is wielded by the pleases, his criticism of the government will be open, unthinking, the irresponsible, the overzealous, or the and it can be openly dealt with. If he is not, it will overcautious, freedom is imperiled—and security be clandestine and secret. Disagreement then becomes with it. subversion; agitation for reform becomes revolution. For instance:

MAY-JUNE 27 The States decree that certain matters having to do the Fifth Amendment before any investigating com- with the schools, the courts, the welfare program, must mittee of State or Federal legislature. be confidential. But if the State can deny the protection of the Fifth A school board meets in secret session. Why? "To Amendment—which protects a man from being forced discuss confidential matters." But are they the confiden- to testify against himself—may it not tomorrow deny tial matters permitted by statute? If the board has the protection of the First Amendment? charges against an employee, it may so state, and few That is the one that says: will quarrel with their being heard in private. But "Congress shall make no law respecting an establish- what if the "confidential matter" involves private nego- ment of religion, or prohibiting the free exercise thereof; tiations for spending the public's money? What if it in- or abridging the freedom of speech or of the press; or volves the subject matter your children are to be taught? the right of the people peaceably to assemble and to The phrase "confidential matters" becomes one to be- petition the Government for a redress of grievances." ware. For once the practice of closed meetings begins, "Congress shall make no law . . ." But it is not Con- it grows like a cancer; and through it, the public easily gress alone that makes laws. may lose control of the public schools. William E. Borah, a Republican Senator from Idaho, For instance: said more than forty years ago: A city council, urged by local business leaders, enacts "The safeguards of our liberty are not so much in an ordinance that prohibits house-to-house solicitation danger from those who openly oppose them as from and selling. Some time later church leaders are amazed those who, professing to believe in them, are willing to and outraged when this ordinance is used to stop the ignore them when found inconvenient to their purposes; sale of religious tracts or of tickets to the church ba- the former we can deal with, but the latter, professing zaar. They had not realized that the peddler's freedom loyalty, either by precept or example, undermine the was their freedom too. very first principles of our government and are far the For instance: more dangerous." In the guise of "fighting communism," well-meaning So long as we live together we must create govern- people circulate a petition to write into State law by ments and give them certain powers over us. But we referendum a provision that no one may be in public must keep constant vigilance that our governments do employ nor speak in a public building who has invoked not infringe on our liberties. ***

"Dear Sir" (although the record is silent as to their religious beliefs) and the Sunday laws, the appellant in Sherbert, a textile mill worker, did not have such an option and would not have been ex- From page 6 pected to overcome her dilemma by going into business for herself so as to be assured of a livelihood. ist Church, and observed Saturday as her Sabbath. Thus, there It is noteworthy that Mr. Justice Brennan, who dissented in was a specific allegation that the pertinent statute infringed Braunfeld v. Brown, which upheld the existing Pennsylvania upon her religious beliefs. That was not present in the Mc- Sunday Law, also rendered the majority opinion in the Sher- Gowan case. bert case condemning the denial of unemployment compensa- In the case of People v. Hyman Finkelstein, 14 N.Y. 2d tion benefits to the appellant for refusing to accept employ- 608, which was argued by me for the District Attorney's Of- ment on Saturday because it was her day of worship, and also fice, King's County, Brooklyn, New York, in the Court of distinguished that case from Braunfeld. The United States Appeals, New York State's highest tribunal, on February 24, Supreme Court in the Braunfeld case, unlike McGowan, had 1964, a similar argument was advanced that Sherbert v. Ver- before it the question of the appellant's religious liberty. ner, supra, dissipated the vigor of the holding in Braunfeld v. Brown, 366 U.S. 599, a case which also involved the same subject matter. The Court by a majority affirmed the appel- lant's conviction (Fuld, J., dissenting). PRESERVE RIGHT TO DIFFER In the view of this writer, had the appellants in McGowan A. A. BERGMAN v. Maryland, supra, argued that the applicable statute violated Los Angeles, California their religious freedom, the Court's determination would not have differed, and would have continued to be consistent There is a great deal in your magazine with which I dis- with the findings in Sherbert v. Verner, supra. In Sherbert, agree. I find your religious attitudes exceedingly narrow, and the appellant was unable to obtain other employment because always regret to find them injected into the subject matter. But she could not work on Saturday, and was, therefore, faced with it is perhaps illustrative of the American philosophy and of an irretrievable loss of benefits to which she was legally en- the main objective of your publication that those of us who titled, for following the precepts of her religion. While the ap- are offended by your theology are able to join with you in the pellants in McGowan, employees in a large discount depart- defense of freedom. It is not necessary that we all believe the ment store, had the option of finding similar employment in same thing, but it is imperative that we preserve the right to such enterprises which would not violate their religious tenets maintain our differences.

28 LIBERTY, 1966

as the editors see it

SPAIN: PROGRESS REPORT Such prayers, said the Christian Century, are "insult- ing in a week of prayer for Christian unity." A GRADUAL relaxation of restriction on non- Unlike our Chicago-based fellows, we find nothing Catholic religious groups is evidenced in Spain. offensive in the Catholic prayers that emanated from A Baptist minister, the Rev. Jose Cardona the diocese of Rome. They are what we expected, the Gregori, has given lectures in the Pontifical Catholic kind of prayer, after all, that any Catholic worth his University and in the Civil University, both in Sala- salt ought to be praying. manca. A magnificent spirit was manifested and a It would not have been incompatible with the true friendly discussion was conducted in the university col- spirit of ecumenism, in our estimation, had the editors lege where some 300 priests are in attendance. of the Christian Century salted their witness during Pastor Cardona attributed this precedent-shattering unity week with fervent prayers that Roman Catholics development to the influence of Bishop Mauro Rubio might be led back to accepting that "one mediator be- Reoulles, who is well known for his liberal views. When tween God and men, the man Christ Jesus"; that we he delivered the same lecture in another diocese nearby, might all know not only the true face of Rome, but also he found the atmosphere very different. The attitude the true face of Protestantism—don't we all need that toward the Protestant minority reflects the views of the insight!—and that we pursue that unity that surmounts local bishop. obstacles rather than submerges them. Another sign of the new spirit is the report that dur- If the Week of Prayer of Christian Unity was "poi- ing 1965 thirteen official permits for the opening of soned" by a strong "back to Rome" flavor, what more Seventh-day Adventist churches were granted. This potent antidote is there than that heady "back to the brings to a total of seventeen the number of Adventist Bible" brew distilled by our Protestant forefathers? Of churches now permitted to meet in Spain. this we drink a toast to our separated brethren in Rome Spain is enjoying a new day and all lovers of freedom —and Chicago. R. R. H. welcome these harbingers of better days for conscience and conviction. M. E. 1- THE CONSCIENCE CLAUSE

"GROWING PAINS" HIS session's attempt to repeal 14 (b) of the Taft-Hartley act is ended. The coup de grdce EAR, dear! The Roman Catholic churches of Twas administered by what Senator Everett Dirk- the diocese of Rome "poisoned" the Week of sen euphemistically labeled his "extended debate"— D Prayer of Christian Unity by introducing into his opponents called it a filibuster. When in February the liturgy prayers with a strong "back to Rome" flavor. the last attempt to invoke cloture was defeated, labor's So says the Christian Century, which permitted its cup number one legislative objective of 1966 was put of woe to spill over into an editorial titled "Praying or into mothballs to await the arrival of a more tractable Preying?" (Feb. 16, 1966, p. 197). nonelection-year Congress. Reported the shocked exponent of painless ecumen- With the repeal bill went the conscience clause au- ism: "Catholics in Rome prayed that Anglicans would thored by Senator Wayne Morse, which would have be led 'back to accepting the primacy of the pope, the provided relief for those Americans who cannot be- vicar of Christ,' that the Orthodox should come to cause of religious conviction, join or financially support 'know the true face of the Roman Church' and that a labor union. Protestants would recognize the Roman Catholic Their problem remains, particularly in the 31 States Church as 'the same church which was born on the day not having right-to-work laws. Congress still has a work of Pentecost and recognize that the worship of the to do. Before this session is over, the Morse amendment Madonna is an authentic development of the Gospel should be attached to another bill worthy of passing the message.' " Senate. R. R. H.

MAY-JUNE 29 world news

UNITED STATES United for Separation of Church and State. Only one case is sponsored by all three groups. Church Votes $500 Gift Most active lawyer listed in the docket is Leo Pfef- to City in Lieu of Taxes fer, special counsel of the AJC, who is mentioned as Medford, Oreg.—The First Presbyterian church con- attorney in four cases, and as an amicus curiae ("friend gregation of Medford has sent $500 to the city to pay of the court") in one. for part of the benefits it receives from local govern- One third of the 18 cases involve challenges to State ment. laws providing public funds for bus transportation of Under Oregon law, property and improvements used parochial and other private school pupils. Of the six, by religious groups are exempt from tax assessments. two are in Minnesota, two in Pennsylvania, and one Particularly mentioned by church officials were the each in Michigan and Ohio. services received from fire and police protection. The Among other school cases are: textbook loans to pa- $500 was sent to the city treasurer without designation rochial school children in Rhode Island, State funds for as to its use, according to Dr. D. Kirkland West, minis- church-related colleges in Maryland, auxiliary school ter. City officials said it would be assigned to the general services for parochial school children in Michigan, fund. shared time in Illinois and Missouri, Gideon Bible Gilbert Gutjahr, a city official, expressed surprise distribution in a Pennsylvania local school district, and when informed of the church's action, saying that while use of Catholic parochial schools in Kansas City, Mis- he was aware of general discussions being held by souri, for Operation Head Start anti-poverty programs church leaders on the national level, he "never assumed with Federal aid. it would go this far." Other church-state cases include: a 51-foot lighted cross in a public park of Eugene, Oregon; a local Catho- lic parish's close affiliation with a public school district Eighteen Church-State Cases in Mercer County, Ohio; sale of government land in Loom in U.S. Courts Staten Island, New York, limited only to religious or New Y ork.—A docket of 18 major cases in State or educational uses; and tax exemptions for religious in- Federal courts involving constitutional issues of church- stitutions in Maryland (two separate cases). state separation or religious freedom has been pub- lished by the American Jewish Congress. Religion-Sex Questionnaire Stirs Furor The 12-page docket describes 15 cases in State and three in Federal courts. Included are names and New York.—The publisher of a psychological test addresses of all parties in the litigation, sponsoring with personal questions on religion and sex said it was organizations, lawyers and courts, and a summary of the designed for adults and should not have been given to issues and current status. public school ninth-graders. According to Howard M. Squadron, chairman of the Dr. George K. Bennett, president of the Psycho- AJC Commission on Law and Social Action, each case logical Corporation, said, "How appropriate this ques- raises a "fundamental constitutional issue that may ul- tionnaire is with junior high school students, I wouldn't timately have to be decided by the U.S. Supreme Court." like to say, except I don't think so. This was intended He said the booklet was issued because of the "in- for adults." creasing number and importance of lawsuits in the The test is known as the Minnesota Multiphasic church-state field," and to facilitate the work of groups Personality Inventory and is designed as the equivalent and lawyers concerned with such cases. of a thorough psychiatric interview. The three organizations sponsoring most of the cases It was given to some 350 pupils of JHS 141 in the are the American Civil Liberties Union, American Jew- Bronx and to 160 students at two private schools. The ish Congress, and Protestants and Other Americans children, 14 and 15 years old, were required to sign

30 LIBERTY, 1966 their names and answer questions, either "true," congress in Rome of the young Europe Association. "false," or "cannot say." "The ideal of a united Europe is in complete har- Following protests from some parents, Superintend- mony with the Christian conception of human society, ent of Schools Bernard E. Donovan announced an in- which comes to its fullest in the idea of one united hu- vestigation would be made. He condemned adminis- man family and hence the church extends you her full- tration of the test as an invasion of pupils' privacy, est support," he said, adding: contrary to school policy. "For all the children of the church to have a peace- The test has 566 questions, including 19 on religion fully united Europe means return to a glorious Europe and 15 on sex. Among those on religion are: "I believe of the past and at the same time the extension of Chris- in the second coming of Christ." "I go to church almost tianity to broader horizons that it might leaven the every week." "Christ performed miracles such as structures of this old continent upon which so many changing water to wine." others still make their demands." Pope Paul noted that "the process of European uni- 1:4.1' 1'T fication is at present faced by various difficulties" However, he expressed confidence that "the cause of Moslem Woman May Not Marry Communist, unity will finally win the day." Says Islamic Authority Instruction on Mixed Marriage Cairo.—Islam's top spiritual authority has ruled that Seen as Furthering Ecumenism no Moslem woman may validly contract marriage with a Communist. Vatican City.—The recent Vatican document on The ruling, regarded by observers as constituting the mixed marriages leaves many points up in the air and first open denunciation of Communism in Egypt since may be a disappointment to some—but it strikes a the rise of President Gamal Abdel Nasser, was handed bold new course in ecumenical relations. The instruc- down by the Grand Imam of Al-Azhar University, tion expressly acknowledged a need to soften the rigor world center of the Islamic faith. of current legislation in order to avoid offending non- It was in reply to a query submitted to Grand Sheikh Catholic "separated brethren." Hassan Mamoun by an Egyptian citizen who sought his It is not . . . the complete and full answer to the opinion on a projected marriage between his daugh- dramatic family problem increasingly common in the ter and a self-professed young Communist. pluralistic society of today. This must be worked out Issued through an Al-Azhar committee, the ruling said by experience and through consultation with Protestant such union was impossible because Communism was and other non-Catholic religious leaders. "a materialistic creed which does not believe in God and denies all religions, branding them as 'myths.' " ItITSSIA FRANCE "Reactionary" Religion Still Grows Despite Opposition "Jazz" New Testament Moscow.—Difficulties in countering "the evil of re- Proves Popular in France ligious rites and the reactionary nature of religion" Paris.—A recording of extracts of the New Testa- were described in an article recently published in the ment sung to jazz music is proving to be one of the Soviet magazine Party Life. best-selling records in Paris. "The Life of Jesus" is re- Noting that religious groups often meet in houses counted in 12 songs. near atheistic conference halls, the article asked: "Why Jacques Hourdeaux, who writes the music of the is it that such a small number of the believers are won "pop" successes sung by Sheila, one of France's leading over to take part in the antireligious conferences?" singers, and Claude Henri Vic, an arranger of jazz The answer, the article suggested, could be "because scores, worked together to compose the music. these meetings often have no connection with collective economic life . . . because antireligious criticism is ITALY often reduced to just describing the immoral conduct of the clergy." European Unity The article referred to the conversion of young peo- Backed by Pope ple, including theology students, to atheism, but at the Castel Gandolfo.—A pledge of continued support same time noted that "in the last two years, 200 Ortho- for the European unity movement by the Catholic dox churches have been reopened." Services held at Church was made by Pope Paul VI during an audi- various times during the day to accommodate working ence at the papal residence to delegates attending a people, it was added, "as usual . . . are crowded."

MAY-JUNE 31 INDIVIDUAL The majority must rule! Shall the ma- jority rule in matters of conscience? Can you count consciences? Can you count moral principles? Can you count the impulses of the heart, the faculties of the soul, the multitudinous cords that bind the individual to the universal heart? If you can, you may count majorities in cases of conscience. . . . Can you speak of ballots and ballot-boxes, of the ayes and noes of the legislative hall, against this right of individual conscience? It stands too high for legislative power to reach up to it. —Speech of C. C. Burleigh, Esq., of Philadelphia, in the Religious Liberty Convention in Boston, March 23 and 24, 1848. Quoted in Liberty magazine, second quarter, 1908, on the inside back page. CONSCIENCE

The Real Question in Iowa The Amish philosophy of education likewise is rooted in religion. In a booklet titled Minimum Stand- From page 11 ards for the Amish Parochial or Private Elementary Schools of the State of Iowa, the Amish set forth their toms. The governor would propose that the school cur- objective: "These standards are designed in an effort to riculum be modified to accommodate Amish opposi- establish the foundations of a society of useful, God- tion to the teaching of evolution, sex education, and fearing, and law-abiding citizens." other courses the Amish object to. If the Amish ap- The Amish have definite viewpoints on teacher quali- proved the plan, the governor would seek money from fications and duties: foundations, interested groups, or individuals to pro- "Realizing that the school teacher is very influential vide certified teachers in Amish schools until the legis- in molding the life of a child, it is of great importance lature could act on his proposals. that the teacher possess, first of all, good Christian Mr. Kelley and I left the governor's office convinced character. Equal in importance is good educational that he sincerely was seeking a solution acceptable background and a desire to further improve that educa- both to the law and to Amish convictions. tion. Specifically the education shall consist of an eighth grade elementary education. Other characteristics a teacher should possess are: the ability to 'get along' TO UNDERSTAND THE AMISH, one must recog- with children, willingness to co-operate with parents nize that their religious life is bound up inextricably and school board, and a sincere attachment to the with their day-to-day living. All individual and com- teaching profession." munity endeavor is motivated by it; their communities Proper discipline in school is given high priority. exist separated from "the world" because of it. Be- Says the manual: "It is recommended that the teacher's cause of the apostle Paul's "be not conformed to this attitude shall be one favoring strict discipline. No world," they eschew automobiles, radios, electrical ap- school can be successful if discipline is lax. The teacher pliances, telephones, and other modern conveniences. shall have the authority to discipline a child as seen fit. Likewise formal education (beyond the eighth grade) This shall be done, not in the spirit of vengeance, but and "busing" into city schools are "worldly" and to be one of love and understanding." "No teacher, regardless shunned by the Amishman truly interested in the spir- of his or her other qualifications, can be considered a itual welfare of his children. Most of the 23,339 Old successful teacher if discipline is lacking and the school Order Amish in the United States live humbly, but allowed to become disorderly. [Solomon's} 'Spare the comfortably, on farms. Amish communities have three rod, and spoil the child,' should apply to all teachers." characteristics: devout religious convictions, a rural Standard 7 of the manual outlines the Amish curricu- way of life, and cohesive family and community rela- lum requirements: "The graded course of study shall tionships. consist of the following subjects:

32 LIBERTY, 1966 (a) The language arts including reading, writing, their schools that would jeopardize the principle of spelling and English. separation of church and state—that is, their schools (b) Mathematics. must be completely state or completely parochial. (c) Geography and History. They were not willing to enter into any agreement (d) Health and safety rules. that would compromise this position in any way. The (e) German writing, reading and spelling. governor assured them of his commitment to this princi- (f) Vocal music. ple. The Amishmen agreed to take the governor's (g) The English language shall be spoken at all proposition back to their people for consideration, and times by the teacher and pupils while school is in ses- to let the governor know their answer by the following sion. . . . No parents or guardians shall be obliged to Friday. have their children taught the elements in these sub- Ironically—as if to lay to rest the allegation that jects that are conscientiously opposed." Amish charity shows up in the manual too: "No tdx0xe;'"K.0-,t0-0-0-0-00-0-40•KO'0-0-4. child shall be refused admittance because of the ina- bility of parents or guardian to pay tuition expenses." SELECTED READINGS ON THE AMISH To achieve their religious and educational objectives the Amish have suffered persecution from both church de Angeli, Marguerite, Henner's Lydia (1937), Yonie Wondernose (1939). Doubleday. Children's books that and state since their beginning in seventeenth-century portray insight into the faith and family life of Amish Switzerland. Under their leader, Jacob Amman, the children with sympathetic discernment. Old Order Amish, or "plain people," broke off from Bachman, Calvin G., The Old Order Amish of Lancaster the Mennonites because of "worldliness" in the Men- County. Volume 49, Proceedings of the Pennsylvania German Society, Norristown, Pennsylvania, 1942, pp. nonite community. They have been placed in sacks 297. General description of Lancaster County, Penn- and thrown into rivers, burned at the stake, torn apart sylvania, Amish. on racks. It was persecution that brought the first Amish Gingerich, Melvin, The Mennonites in Iowa. Iowa City, to William Penn's haven for the oppressed. To under- Iowa: The State Historical Society of Iowa, 1939, stand their heritage is to understand why they are will- pp. 419. Excellent on the social, as well as the histori- cal, aspects of the Amish in a Midwestern State. Out ing to lose farm and freedom rather than compromise of print, but can be read in libraries. conviction. Hostetler, John A., Annotated Bibliography on the Amish. Scottdale, Pennsylvania: Mennonite Publishing House, 1951, pp. 100, $1.50. A comprehensive list of books FOUR HOURS AFTER LEAVING the governor's and articles on the Amish to 1950. Amish Life, Herald office, Mr. Kelley and I met with Dan Borntrager and Press, Scottdale, Pennsylvania, 13th printing, 1961. about a dozen Amishmen who had gathered in his liv- Klees, Frederic, The Pennsylvania Dutch. New York: ing room to talk with us. We found that the Amish Macmillan, 1950, $5.00. An excellent treatment of all Pennsylvania German (Dutch) groups. Contains were confused as to what the governor could do on a chapter on the Amish. their behalf. Somehow they had received the impres- Mennonite Encyclopedia, The. Scottdale, Pennsylvania: sion that the whole problem could be solved if Gover- Mennonite Publishing House. Four volumes, the last nor Hughes and State Superintendent of Education one published in 1959. Contains hundreds of articles on the Amish by States and counties; also their doc- Paul Johnston would "speak a favorable word to the trines and practices. Available from the publisher judge." Their misunderstanding of the functions of the and accessible in most college or university libraries. various departments of government disturbed us, and Rice, Charles S. and Roland C. Steinmetz, The Amish so, after two and one-half hours of cordial and frank Year. New Brunswick, New Jersey: Rutgers University discussion, we contacted the governor by telephone. Press, 1956, pp. 224, $5.00. Excellent pictorial book He agreed to meet the next day with as many Amish- with text by a trained journalist. Smith, Elmer, The Amish People. Exposition Press, 1958, A.M. men as would come to Des Moines. At 9:30 three $4.00. A recent description of Lancaster County Amishmen—Dan Borntrager, Abe Yoder, and Menno (Pennsylvania) Amish life. Hershberger—their attorney, W. W. Sindlinger, Mr. Umble, John, "The Amish Mennonites of Union County, Kelley, and myself met the governor again. Pennsylvania," Mennonite Quarterly Review (Goshen, Governor Hughes explained to the Amish that nei- Indiana), April, 1933, pp. 71-96; see also July, 1933, pp. 162-190. Excellent description of the social life ther he nor the school superintendent could intercede of a now extinct Amish community. before the court in their behalf. He enumerated the Yoder, Joseph W., Rosanna of the Amish. Huntingdon, difficulties they would face in court, again explained Pennsylvania: Yoder Publishing Company, 1940, pp. his proposition, and urged the Amish to give it serious 319. A story of the author's own family life. consideration. He assured them that their recourse to A great variety of popular articles and pamphlets on the Amish have been published; they are often erroneous the courts would in no way be compromised. and give a distorted picture of Amish life. The above list The Amish were insistent that nothing be done for of sources is not at all exhaustive.—John A. Hostetler.

MAY-JUNE 33 economics not principle motivated their stand, the Am- "worldly" influence so prevalent in public schools. ish rejected the governor's proposal on the basis of its At best, however, the Iowa conflict augurs ill for the charity provision—they could not conscientiously ac- Amish. Within the next year or two, as Iowa State and cept charity from any source to pay teachers until the county school officials told me, many small public legislature could act. schools in Amish communities will be swallowed up The nation became aware of this aspect of Amish in consolidation, and children will be taken by bus to conscience several years ago when Amishmen in Penn- city consolidated schools. The problem of the Hazleton sylvania- and elsewhere refused to pay Social Security Amish will then be the problem of all the Amish in on the basis that it was "insurance" rather than a tax. Iowa. And, ultimately, perhaps of all the Amish com- "Our faith has always been sufficient to meet the needs munities found in 20 States. For the question is not as they come," their spokesman told the House Ways whether the State can require certified teachers in Am- and Means Committee. Their Social Security problem ish schools; it is whether the Amish philosophy of life is now settled; last year's Medicare bill carried with it a and education can be preserved in a nation where edu- little-publicized amendment exempting the Amish from cation is increasingly equated with national security Social Security payments and benefits. and community welfare. To overcome the Amish objection to charity, as it Amish education has produced no scientists. Nor is appeared in his first proposition, Governor Hughes it likely to. It has produced farmers second to none in suggested that the Oelwein community school district extracting food from the land. It has produced children rent the two Amish school buildings for $1 a year. among whom delinquency is virtually unknown, fam- Then the money which the governor proposed to so- ilies without divorce, happy homes where children are licit from foundations, interested groups, and individ- wanted and loved—and, it might be added, disciplined. uals would be administered by the Oelwein school No Amish mother takes a job while attempting to rear board in operating the schools as public schools and a family. supplying teachers who were sympathetic and willing to Though the Amish congregate in their own commu- cooperate with the Amish in meeting their teaching re- nities, they are not unmindful of national and interna- quirements. On February 22 Governor Hughes released tional needs: since World War II, Amish communities copies of a "statement of position and of agreement and have given thousands of dollars for refugee rehabilita- understanding" signed by representatives of the school tion and foreign relief through the Mennonite Central board and the Amish. The agreement, signed "reluc- Relief Committee. tantly" by the Amish, calls for the two Amish schools to They are a people of faith, honesty, and loyalty. be leased to the Oelwein community school district. These are the simple virtues of a simple people, product Certified teachers will be supplied by the school board, of a simple educational system. Whether these are but paid for by private funds. The Danforth Foundation adequate testimonials to the effectiveness of their edu- of St. Louis, Missouri, will provide $15,000 for the rest cational system to ensure its survival in this complex of this school year and the next to pay the teachers. The age, the courts yet may have to decide. *** Amish will be permitted to give at least two hours a week instruction in the German language in the schools. There will be no religious instruction. LIBERTY DOES THEIR AFFIRMATIVE REPLY mean the end of the Amish school controversy? Liberty is a necessity In a limited sense, in Iowa, it should mean at least a for all men. But liberty recess—Hughes himself described it as a "stopgap" solu- will not maintain itself. tion. The governor's wise intercession in the controversy, Men must join their inter- his moratorium, his opening lines of communication to ests to preserve it. Make LIBERTY: A MAGAZINE the Amish and his recognition of their religious convic- OF RELIGIOUS FREEDOM tions have brought hope to the Amish community. How your agent in fighting for long term peace will be, may be determined by the Iowa freedom. legislature's willingness to accept the governor's recom- mendations, which will come before it in its 1967 Subscription rate: $1.25 a year. Slightly higher in Canada. Check 0 Money order 0 Currency 0 session. Hughes will ask for legislation to provide a State fund to be administered by the department of Send your order to the public instruction. The fund would pay for the school- Religious Liberty Association of America ing of children in cases such as the Amish dispute, where 6840 Eastern Avenue, Washington, D.C. 20012. parents did not want their children exposed to the

34

the launching pad

With C. MERVYN MAXWELL Department of Religion, Union College, Lincoln, Nebraska

Q. Who gave as a reason for religious liberty the Q. You say that you do not want to jeopardize the need for the various sects to show how foolish each good will Americans show to religion. If so, why are was? Madison? Jefferson? Lincoln? so many articles in LIBERTY prejudicial to religious groups? [Ohio] A. Jefferson in his Notes on Virginia says, "Dif- ference of opinion is advantageous in religion. The A. LIBERTY attacks nothing in any denomina- several sects perform the office of censor morum tion's practices or teachings that is not prejudicial over each other." In his Bill for Establishing Re- to freedom. ligious Freedom in Virginia he says, "Truth is great There was ill will for a while when our founding and will prevail if left to herself . . . , errors ceasing fathers set up a nation separated from any church, to be dangerous when it is permitted freely to con- but in the long run everybody gained. Churches tradict them." flourish in America as nowhere else on earth. Incidentally, I think Milton beats Jefferson on this But what if American churchmen someday get point. Jefferson implies truth is already here and will to sitting around the pork barrel, each good- be seen when sectarians neutralize one another. naturedly helping the other to take as much as he Milton knows all truth has not been found and be- can from the public treasury? Where will our pop- lieves that even the sects can help discover it. In ular "good will" go then? Areopagitica he says, Deceivers "took the virgin In opposing those who would oppose the separa- Truth, hewed her lovely form into a thousand pieces, tion of church and state in this nation we but oppose and scattered them to the four winds. From that those who oppose themselves. time ever since, the sad friends of Truth . . . went up and down gathering up limb by limb still as they Q. I respect, of course, your right to your own could find them. We have not yet found them all, opinions; but isn't it surprising to find you, as a lords and commons, nor ever shall do, till her Mas- Christian, recommending and defending the Jewish ter's second coming. . . . Suffer not these licensing Sabbath of the old law? prohibitions to stand at every place of opportunity A. As a Christian I stand ready to defend any forbidding . . . them that continue seeking." "There man's constitutional right to keep holy any sabbath must be many schisms and many dissections made in of his choice—even the Mohammedan sabbath. I the quarry and in the timber ere the house of God hold it to be a Christian duty especially, to protect can be built." "Yet these are the men cried out the Jews, who for centuries have been persecuted by against for [being] sectaries and schismatics." "A their Christian neighbors. little forbearance of one another, and some grain But the Sabbath which I recommend is not the of charity might win all these diligencies to join and "Jewish" Sabbath. According to the Bible, the unite into one general and brotherly search for seventh-day Sabbath was given by God to Adam as truth." the head of the whole human race, thousands of years before Abraham and his grandson appeared Q. With your brave stand for personal liberties on the scene as founders of the Jewish people (Gen. and freedom of conscience, what do you think 2:1-3). On Mount Sinai God did not originate the about all the freedom this "new morality" gives Sabbath but rather called men to "remember" an to teen-agers? institution He had established many generations A. The "new morality" is not morality. It is old earlier (Ex. 20:8-11). The Bible calls the seventh-day immorality. In the Roman Empire "matrons counted Sabbath "the sabbath of the Lord thy God" (Ex. their years, not by the consuls, but by their hus- 20:9), not "the Sabbath. of the Jews," and says that bands." it was made "for man" (Mark 2:27), not "for the Matthew 1:21 says that Jesus came to save peo- Jews." ple "from their sins." The ultimate freedom we I defend anybody's sabbath. I recommend "the seek is not freedom to sin, but freedom from sin. sabbath of the Lord thy God."

Send your questions to THE LAUNCHING PAD LIBERTY Magazine, 6840 Eastern Ave., NW., Washington, D.C. 20012

• •

• , 060' a • , " • Jr, $ • *Is xr 104. .rr j n, . • ^ ri • •044/11 „ at1." Pet PP a ‘,t • • N

• . $ ' p

t ▪ • Or' 0#' • „,k • - • -•. . ..4 „as • 14. , • 4P. e • 4 110. • 5- 6 ••• • JIMIP • * Aw/s *P. • 4 !4/;41r* l '‘..1% "A . ' 06A. *tt . • 4.1.4. t 4 'PI . . aplef:„Pi , ' • , ,.. , , 4:4-4 a p, . ,11. ,„..

V. '• • 441.1.4. or •

'1160 • • ft r .**?•011