God Bless America: Judeo-Christian Rights vs. Church-State Law

Introduction: Moral Consequences of Removing Religion from Schools

After the shocking incident of student violence at Columbine High School and other subsequent events, a great number of American parents wondered whether the abolition of religious instruction and observance in public schools helped to bring about such misguided behavior. Gone were the days when students began the school day with the Lord's Prayer; the Ten Commandments were no longer displayed in hallways or classrooms. With the best of liberal intentions — the desire to avoid making children of religions other than Christianity or Judaism feel excluded — America had effectively legislated the teachings of the Bible out of the public education system. In retrospect, many asked whether America was reaping a dreadful harvest as her children demonstrated moral vacuity.

In the interests of preserving the civil rights of all Americans, legislation over the past few decades has mandated a conspicuous absence of Christian or Jewish symbols, prayers, and teachings from public places: the classroom, the sports arena, the courts, and public buildings of all sorts. Yet followers of these faiths make up the majority of Americans. In the wake of the tragedy of September 11, and the previous shocking incidents of student violence at Columbine and other schools, many Americans feel the need for increased — rather than decreased — emphasis on religion in the classroom and everywhere their children go. The central question becomes: what can be done to protect the rights of these citizens to observe the dictates of their beliefs in their daily lives outside their homes and places of worship?

The Religious Freedom Amendment and Its Opponents

The Religious Freedom Amendment introduced by Rep. Ernest Istook (Republican, Oklahoma) brought the debate front and center over whether the church has a role in such public realms as schools, sports, and the courts. If passed, this amendment would have superseded Supreme Court rulings on issues such as public school prayer, athletes praying before a sports event, and the display of crosses in courtrooms. Although the vote in the House was in favor of the amendment, 224 to 203, the required two-thirds majority was not achieved.

The Istook Amendment has been widely perceived as a vehicle for the Religious Right to promote mainstream Christianity over the interests of other religions. For this reason, the powerful Anti-Defamation League (ADL), the world's leading organization fighting anti-Semitism, opposed the amendment's passage. In its 1998 Annual Report, the ADL's position was summarized as follows: "Although ADL understood that many parents believe an increased religious presence in schools can help teach moral values to their children, the League argued that the 'cure,' in this instance, was far worse than the disease. 'The majority religion in each school,' said ADL, 'would inevitably choose which faith to follow' — which in many American schools would mean Christianity, at the expense of other faiths."

The powerful lobby of the Catholic Church also refrained from supporting the Istook Amendment, perhaps for similar reasons and in part because the separate parochial school system already permits the Roman Catholic Church greater freedom to establish a religious presence in the classroom. Other adversaries included Americans United for Separation of Church and State, a religious liberty watchdog group representing 60,000 members and allied houses of worship in all fifty states.