[net.religion] "Voluntary" Non-praying

smb@ulysses.UUCP (Steven Bellovin) (03/16/84)

There's an interesting article in Wednesday's N.Y. Times that I think
bears repeating:

	Can a person abstain from voluntary prayer without incurring some
	stigma?

	The Senate has been debating this and related issues for days in
	connection with the proposed school prayer amendment to the
	Constitution, and reporters covering Vice President Bush on a
	Southern campaign swing last week got an illustration of the
	controversial nature of the question.

	At a political breakfast in Tampa, a local minister was introduced
	for an invocation, and he delivered a demonstrably Christian
	prayer, calling on Jesus Christ to bless the occasion.

	While the minister prayed, a Washington-based reporter, who is not
	a Christian, quiety read a newspaper at the press table, being
	careful not to rustle the pages.  When the invocation was over,
	one of the Vice President's military aides reprimanded the
	reporter for what he called a display of bad manners.  It was not
	clear now the aide had detected this lapse while he was praying.

Add to that the inherently coercive nature of a school classroom, the
peer pressure on relatively immature students, and the documented record
of abuse by teachers, and you see why any such program is offensive to
those who value religious freedom.  (For examples of abuse of disgression
by teachers, see the ACLU newsletter.  My favorite example took place
about 3 years ago, in (I believe) Tennessee.  A teacher was about to lead
a class in prayer (showing great respect for the law...), but -- to
preserve its "voluntary" nature -- told students that they did not have to
participate, even telling a (the?) Jewish student, "Sam, you shouldn't
participate, since Jews don't pray."  I could also comment on the level of
education demonstrated by that teacher, but I'll forbear.)

In light of arguments like this, it's truly intriguing that the Supreme
Court dismissed the question of the voluntary nature of such prayers as
totally irrelevant.  That is, their ruling was made solely on the grounds
that the *existence* of such prayers (or Bible readings) was in itself a
violation of the First Amendment, regardless of what anyone present
thought.  Below are assorted quotes from the famous Madalyn Murray case in
1963, as well as some from a lesser-known case a year earlier in New York.
The prayer in question in that case was your generic non-denominational
prayer, of little semantic content -- about what the proponents of the
school prayer amendment would like.  The Murray case involved reading
Biblical passages and/or the Lord's Prayer.

	It is a matter of history that this very practice of establishing
	governmentally composed prayers for religious services was one of
	the reasons which caused many of our early colonists to leave
	England and seek religious freedom in America.  The Book of Common
	Prayer, which was created under governmental direction and which
	was approved by Acts of Parliament in 1548 and 1549, set out in
	minute detail the accepted form and content of prayer and other
	religious ceremonies to be used in the established, tax-supported
	Church of England.  The controversies over the Book and what
	should be its content repeatedly threatened to disrupt the peace
	of that country as the accepted forms of prayer in the established
	church changed with the views of the particular ruler that
	happened to be in control at that time....

	It is an unfortunate fact of history that when some of the very
	groups which had most strenuously opposed the established Church
	of England found themselves sufficiently in control of colonial
	governments in this country to write their own prayers into law,
	they passed laws making their own religion the official religion
	of their respective colonies.  Indeed, as late as the time of the
	Revolutionary War, there were established churches in at least eight
	of the colonies and established religions in at least four of the
	other five.  But the successful Revolution against English
	political domination was shortly followed by intense opposition to
	the practice of establishing religion by law....  In 1785-1786,
	those opposed to the established Church, led by James Madison and
	Thomas Jefferson, who, though themselves not members of any of
	these dissenting religious groups, opposed all religious
	establishments by law on grounds of principle, obtained the
	enactment of the famous "Virginia Bill for Religious Liberty" by
	which all religious groups were placed on an equal footing...

	There can be no doubt that New York's state prayer program
	officially establishes the religious beliefs embodied in the
	Regents' prayer.  The respondents' argument to the contrary, which
	is largely based on the contention that the Regents' prayer is
	"non-denominational" and the fact that the program, as modified
	and approved by state courts, does not require all pupils to
	recite the prayer but permits those who wish to do so to remain
	silent or be excused from the room, ignores the essential nature
	of the program's constitutional defects.  Neither the fact that
	the prayer may be denominationally neutral, nor the fact that its
	observance on the part of the students is voluntary can serve to
	free it from the limitations of the Establishment Clause, as it
	might from the Free Exercise Clause, of the First Amendment....
	Although these two clauses may in certain instances overlap, they
	forbid two quite different kinds of governmental encroachment upon
	religious freedom.  The Establishment Clause, unlike the Free
	Exercise Clause, does not depend upon any showing of direct
	governmental compulsion and is violated by the enactment of laws
	which establish an official religion whether those laws operate
	directly to coerce nonobserving individuals or not.  This is not
	to say, of course, that laws officially prescribing a particular
	form of religious worship do not involve coercion of such
	individuals.  When the power, prestige, and financial support of
	government is placed behind a particular religious belief, the
	indirecte coercive pressure upon religious minorities to conform
	to the prevailing officially approved religion is plain.  But the
	purposes underlying the Establishment Clause go much further than
	that.  Its first and most immediate purpose rested on the belief
	that a union of government and religion tends to destroy
	government and degrade religion.  The history of governmentally
	established religion, both in England and in this country, showed
	that whenever government had allied itself with one particular
	form of religion, the inevitable result had been that it had
	incurred the hatred, disrespect and even contempt of those who
	held contrary beliefs....  Another purpose of the Establishment
	Clause rested upon an awareness of the historical fact that
	governmentally established religions and religious persecutions go
	hand in hand.  The Founders knew that only a few years after the
	Book of Common Prayer became the only accepted form of religious
	services in the established Church of England, an Act of
	Uniformity was passed to compel all Englishmen to attend those
	services and to make it a criminal offense to conduct or attend
	religious gatherings of any other kind....  And they knew that
	similar persecutions had received the sanction of law in several
	of the colonies in this country...

	It is true that New York's establishment of its Regents' prayer as
	an officially approved religious doctrine of that State does not
	amount to a total establishment of one particular religious sect
	to the exclusion of all others -- that indeed, the governmental
	endorsement of that prayer seems relatively insignificant when
	compared to the governmental encroachments upon religion which
	were commonplace 200 years ago.  To those who may subscribe to the
	view that because the Regents' official prayer is so brief and
	general there can be no danger to religious freedom in its
	governmental establishment, however, it may be appropriate to say
	in the words of James Madison, the author of the First Amendment:

		[I]t is proper to take alarm at the first experiment on
		our liberties...  Who does not see that the same authority
		which can establish Christianity, in exclusion of all
		other Religions, may establish with the same ease any
		particular sect of Christians, in exclusion of all other
		Sects?  That the same authority which can force a citzen
		to contribute three pence only of his property for the
		support of any one establishment, may force him to conform
		to any other establishment in all cases whatsoever?

The Murray case is cited more often, though the practices involved were
more clearly Christian.  But the Court's reasoning (the vote was 8-1) was
the same.  I'll only quote two brief passes from this opinion:

	[T]he State contends... that the program is an effort to extend
	its benefits to all public school children without regard to their
	religious belief.  Included within its secular purposes, it says,
	are the promotion of moral values, the contradiction to the
	materialistic trends of our times, the perpetuation of our
	institutions and the teaching of literature....  But even if its
	purpose is not strictly religious, it is sought to be accomplished
	through readings, without comment, from the Bible.  Surely the
	place of the Bible as an instrument of religion cannot be gainsaid,
	and the State's recognition of the pervading religious character
	of the ceremony is evident from the rule's specific permission of
	the alternative use of the Catholic Douay version [as opposed to
	the King James version, which was prescribed by the statute] as
	well as the recent amendment permitting non-attendance at the
	exercises.  None of these factors is consistent with the
	contention that the Bible is here used either as an instrument for
	nonreligious moral inspiration or as a reference for the teaching
	of secular subjects.  ....

	It is insisted that unless these religious exercises are permitted
	a "religion of secularism" is established in the schools...  We do
	not agree, however, that this decision in any sense has that
	effect.  In addition, it might well be said that one's education
	is not complete without a study of comparative religion or this
	history of religion and its relationship to the advancement of
	civilization.  It certainly may be said that the Bible is worthy
	of study for its literary and historic qualities.  Nothing we have
	said here indicates that such study of the Bible or of religion,
	when presented objectively as part of a secular program of
	education may not be effected consistent with the First Amendment.
	But the exercises here do not fall into those categories.  They
	are religious exercises....

These quotations are taken from the "Bill of Rights Reader", Fourth
Edition, by Milton Konvitz.  The other case relevant to our discussion --
the one that banned student religious clubs on school property -- was
heard after this edition was published.  I can probably dig up the
opinions in that case if there's sufficient interest.  (Better yet,
someone at a university with a law school could do it even more easily...)
But before I do, I'd like to see some debate on the subject *based on the
Court's logic*.


		--Steve Bellovin